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Update on my conditional notice of intention to defend
Hi All,
So some time ago I posted a conditional notice of intention to defend document here on SE, see the attachments to see it again, so I want to now update the SE community on the notice that was sent to the courts in regards to a statement of claim.
So last year I sent it (plus 2 others) into the courthouse but upon some further recent research I have since found out that the courts disregard it and a default judgement was made in the plaintiffs favour.
I will not go into detail in regards to what I have to do next but rather inform SE people of what I should have done, or better still ask the SE team their advice on what they might do.
Please note on a webinar with Dale Dickson, Dale states to conditional accept the courts offer by writing on the conditional notice of intention to defend Is the Court operating under the prescribed jurisdiction that the parliament of that state has provided.
After sending in my conditional notice of intention to defend with the words, is the magistrates court of queensland operating under the prescribed jurisdiction that the parliament of that state has provided?
I feel that its not the courts role to defend the conditional notice of intention to defend form but rather it is the plaintiffs role too.
What do you think SE team?
So I have attached a few pages from the Uniform Civil Procedure Rules 1999 that outline the rules, I have done this as I believe I have a few opitions.
Option one,
See rule conditional notice of intention to defend 144/4, then within rule 16 I would put rule 16/a.
Within rule 16/a I would state on the conditional notice of intention to defend form is the plaintiffs statement of claim registered with the Magistrates Court Of Queensland operating under the prescribed jurisdiction that the parliament of that state provided?
Option two,
See rule conditional notice of intention to defend 144/1 (note see rule 38.)
Within the rule 38/2 it states the defendant may object to the starting of the proceeding in a district of the court other than in accordance with rule 35.
So basically I am asking is the court operating under the prescribed jurisdiction that the parliament of that state provided? Would this be the courts to provide the evidence or the plaintiff you think?
Option three,
See rule conditional notice of intention to defend 144/4, then within rule 16 I would put rule 16/b.
I would then record the events when/if a Bailiff or Licensed Field Agent would try to serve me. As it states that the Bailiff or Licensed Field Agent would have to lodge a form 46 affidavit once they have correctly served the defendant.
So I could Conditionally Accept the Bailiff or Licensed Field Agent offer and if they do not accept and lodge the form 46 falsely I could hold them accountable.
I could then lodge the conditional notice of intention to defend 144/4, then within rule 16 I would put rule 16/b.
I have highlighted all that I am writing about so it will make it easy to read and understand.
Any feedback would be much appreciated.
Regards Danny
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25 Replies
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Bailiff condition and conditional notice of intention to defend.
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rule 38
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I can only upload one document at a time.
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Rule 16
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rule 16 again
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conditional notice of intention to defend
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Sorry for all the messages but I can only put one doc up at a time.
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The system says you can put 3 photos up. When you put the photos up, you need to wait until they finish loading, before clicking to post. You will notice a circle in the middle of the photos while they are uploading. When they finish uploading the circle will no longer be on any of them. Then you can click on the button to post your comment with the 3 photos.
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I was uploading on my computer too, so I thought it would of been ok but it gave me grief. Maybe my files were too big.
So basically I have a plan of attack (defend)
First is set up the bailiff with set up questions, film it this time and have a conditional acceptance form ready.
Second is learn the <b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>Uniform Civil Procedure Rules 1999 so I know what rule I can place my conditional acceptance under.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>Then I’ll file this conditional notice of intention to defend with the court and serve the plaintiff.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>With the conditional acceptance you are not questioning the courts your questioning the plaintiffs lodgement in which that have lodged their claim, so it is up to them to prove it’s a genuine court and not the court that has to provide this. I first thought it was the court I was challenging but now I get it after much research.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>3rd plan is to go to court if the top two fail.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>I plan to have a lot of set up questions for the court situation and knowledge on how the game is played so I’m ready and sharp.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>The bailiff setup situation is to buy me time, which it has done because I’m now doing up my affidavit which takes forever and I work long hours so I only have the weekends.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>But saying that I still want to live so I’m stalling them so I can set up my evidence and defence in a time that is not rushing me or stressing me out.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>And then for the 4th stage of defence Is I plan to turn the court order into a contract. (if I loose that is)
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>So that is my plan.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>But I am studying like mad but I love to learn so it’s win win for me.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>I’m now super confident with politicians, cops and council employees but now have to step it up and be comfortable in court.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>Mark never said it was easy, he always stats that’s it up you (everyone on the SE website) to apply the methods he has given us but know it’s not a easy game.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>The sad part is it should not have to be this way but because the masses don’t step up and they help enforce this way of life it makes it harder for us that know the truth.
<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>I don’t enjoy playing the game but I know I can’t sit on my hands and do nothing. Like I said I love the learning side of things but just wish the game was not so rigged.
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Excellent plan and wise words!!!
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Thank you
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Hi,
So an another update on the conditional notice of intention to defend.
I will try to ball point it so it’s not too long to read ok.
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So I found out recently that my conditional notice of intention to defend was denied because I did not have a footer on the document. Because I was learning and I copied and paste the document I must have missed the footer at the bottom. Whoops I know for next time.
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I only found out because I was in contact with the courts over another matter.
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I ask if the courts could provide evidence that it was sent (because I never received it in the mail) but have not heard back from them yet, I only asked a few days ago, mind you.
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The matter was with a council over rates but as I am in the process of selling that property which I did not think I was going to do, I just ended up paying the rates as I know it will be a drama with the selling process.
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So now I am going to learn from my mistake and lodge the next conditional notice of intention to defend with the courts face to face, that way there can be no mistake, also i’ll take a witness.
So my conclusion is I do believe it is possible to lodge it if you word it right.
My next conditional notice of intention to defend will read something like this – Is the claim lodged by such and such and case # at the Magistrate court of Queensland against the name Batman under the prescribed jurisdiction that the parliament of that state has provided?
There are a few different ways to conditional notice of intention to defend and I’m still not 100% sure what rule number to lodge it under as if you look through the documents I have lodged there are a few different ways.
If anyone is genuinely interested I am happy to share more as I learn because I will be going into a courthouse or calling a lawyer (via legal aid free consultation) to confirm what is the best Uniform Civil Procedure Rule to be applying the content of my conditional notice of intention to defend.
If anyone wants to know more please comment here and I will post an update as I know more.
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I’m currently going through the same and don’t know what I’m supposed to do before the due date, when the court will pass judgement, so please update. Thank you.
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So have you been served?
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Yes. The Magistrates Court of Qld has served us the copy of a registered claim with them from the Council, that was filed by the Debt Recovery Company’s solicitor. He is listed on the papers as filing on behalf of the Council. I have done my 3rd notice – Final Notice & Notice of Default Judgement to the Council listing Mark’s approx 30 questions & my 7 questions(regarding them not providing evidence of why the Money Order was not accepted payment for rates) and I have decided to give them 21 days to answer the questions which ends up being after the due date for me to respond to the filed court claim. When is the Equitable Estoppel in place? Was it locked in as soon as they received the 3rd Notice from me or after 21 days is up? I need to work out what I need to do to respond to the claim before it is due. I thought that “Form 6 to the Uniform Civil Procedure Rules” that the court suggested, was a form that they had available to be filled in! I only have a couple of days left to study and file something to the court which is 3 hours drive away, and the Plaintiff which is an hour away in the other direction. The court paper says they should be done on the same day or close to it, and directly to the address of business. I think they mean I have to deliver/serve, not post?
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The Equitable Estoppel is made after the 21days or how ever many days you stated in your notices.
I would look into the form 7 which is the conditional form and learn what you can put in there as a condition, To buy yourself time.
I am listening to the counterclaim webinar now and it is full of information.
My advice to you mate is study hard and learn how to win using the court form process.
But to be honest mate it seems like a huge job so maybe you need to choose your battles. I know it’s wrong what they are doing but they have endless time and money so if you have that then go for it but it just seems like a big job in the time you are talking about.
I mean you need to be ready with your documents to lodge with the court before been served in my opinion.
Mate you might be super confident I don’t know but you need to study study study so you know what is coming next.
I would look to conditional accept the summons to buy you time then go from there.
I’m no expert by the way, I’m learning this as I go 😊
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My 21 days Equitable Estopple ends 4 days after the Notice of Intention to Defend is due in to the court in response to the Council’s claim. Just to hold the court off from making judgement in the Council’s favour because of no reply from me, I have decided to file Form 7 Conditional Notice of Intention to Defend, as a response. I have not attached anything else to it. The Form 7 is for disputing jurisdiction. (I wasn’t able to log in to Mark’s website for the last 5 days due to web technical issues, so I couldn’t prepare a response using Mark’s help). So I spent all the time, learning and filing my UCC Financing Statement. I have become the secured party for my strawman, which is who they are filing a claim against. I now have that UCC document ready for court. I have followed a suggestion from Anna Von R to write in red ink “No UCC Contract Trust and no Territorial Office”. I have put that as the reason in my Form 7 in the appropriate area. I sent this via email to the courts because I couldn’t get there in time before close of business hours. I have an auto-email receipt back from the court that they will put it to the correct area. I also put that UCC quote from Anna in red as the first thing they read in my email, in bold, red, large font. The suggestion from Anna V R is for this to be written across the top of any court document you receive “Returned Service: No UCC Contract Trust and no Territorial Office”. And I also signed off the letter the way Bibi B taught, to be the authorized representative of the legal fiction. But I did forget that Anna V R said that that signing off bit was supposed to be in red colour. I didn’t follow everything from Anna V R to the tee as I was rushing. Equitable Estopple will be locked in place in 2 days time.
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Awesome, let me know how you go with it.
I believe you are to send them 3 copies of the conditional notice of intention to defend and a pre paid envelope so they can send you the two copies back, one is yours and the other is to be served to the plaintiff.
So you wrote on the notice that wording or did you just write it in the section that Is for the reason for the condition.
I know you wrote it on the email headline but just trying to get all the information.
Where can I find this information about claiming your name via the UCC? Thanks for the update 👍
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I only put it in the reason area in the appropriate section of the Form 7 (in the body of the letter). Since it was their Form, I tried to keep it looking the way they are expecting it to look. I put it at the top of my email to the court, that had the Form 7 as an attachment. Mark has a module on the UCC, but I didn’t have access to this website at the time, so I followed instructions from another group . It might not have been done as well as Bibi B would have taught, but I was desperate and it got done.
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You are right. It has to be filed in person at the courthouse or via post….not email. There has to be 3 copies. They stamp & sign the 3. They keep 1, and give you back 2. You have to get the other one delivered to the Plaintiff’s “service address” according to what is stated on the Claim document. Which, in my case, the plaintiff was the Council, but the service address was to the solicitor’s address. I received a reply email back from the court 3 days later to say that I couldn’t email it. I rang and spoke to someone there, who told me that so long as I get it in before the Plaintiff contacts them to file for judgement. So, I got my 3 copies done and went to the courthouse asap & filed them. The person that served me said, even though it was after the 28 days, it was still ok because the Plaintiff didn’t contact them yet to apply for them to pass judgment. So, it’s best to get it done before the 28 days or risk the Plaintiff contacting them before you do. This delay in me filing the documents has allowed the 21 days to be up for the Equitable Estoppel to be invoked. So I was able to add to my Form 7 letter that there was an Equitable Estoppel and the Plaintiff admits that they do not have any valid legal claim, authority or jurisdiction and has waived any rights to pursue a claim, they are in breach of the Equitable Estoppel and agree to be liable for 4 times the amount of their claim which is $7425.40, as well as all further costs incurred.
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Glad to hear you got it sorted.
So with the lodging of the conditional notice of intention to defend under rule 144 subsection 4 or 3 I believe, it’s states once you lodged the conditional notice you must within 14 days of lodging the conditional notice then lodge for an order under rule 16.
This is something I never did when I tried this last year.
Have a look at the uniform civil procedure rules under rule 144, it will outline it all better for you mate. Good luck.
With my situation I contacted the debt collectors and ask for a face to face round table meeting mediation, they said they won’t do face to face but over the phone or email.
I chose email of course email so now I have sent them an email to provide evidence to their claim and I have stated it all throughout the email that it is a mediation.
If they still don’t except this as a default and dismiss their claim I now have even more evidence to support I have been equitable.
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I got some help from the person that filed my papers at the court. He said within 2 weeks file a Form 9 – Disputing Jurisdiction, Form 46 Affidavit, Form 59 Draft Order. Or if 2 weeks passes, and I didn’t do anything, then in the 3rd week, Lodge Form 17 Defence or Form 18 Defense & Counterclaim. Still check all this out because I was taking notes and trying to understand his help.
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The equitable estoppel is locked in after the time frame you gave them to reply. If it was 21 days then that is when the equitable estoppel is established after the 21 days
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Danny has given you some great advice.
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Yes please keep us all updated on what is happening, that would be great!!!
