General Q&A: 09/08/2023

Question Answered During This Q&A Webinar

00:09:56 Claude: Q) Background – My company ABC Pty Ltd has elected to go to court over a Council parking infringement and the contest hearing is scheduled for the end of August.  The council have failed to reply to my 4 notices and there is a private default judgement in place.  During the court hearing if the Magistrate asks me as the director how do I plead I will answer – “Your honour all the evidence is before you and we have an agreement already between the two parties,…”   If the magistrate enters a plea for the company without my consent, how would you deal with that?

00:10:36 Brad: Q. With the examination with the solicitor and things get silly, could I suggest a commercial lien will accommodate their ignorance? Thanks Mark

00:14:18 Bec & Nes: Hi, Qu. My rate notice for FY24 is from City of Sydney. They do not call themselves a “council”. Can I still use A4V payment process?

00:25:56 Bec & Nes: Qu: Hi Mark. Do affidavits have to be “of something” such as affidavit of truth, affidavit of notice etc? Can they be an affidavit of “a name/person”?

00:28:54 TerencePeter144: Q You,ve mentioned the Federal Circuit and Family Court of Aust is not legal and a tribunal by judges previously??  Where do I look to get these findings?

00:32:59 sean: Hi Mark, can you use a service like Airbnb to earn income when your property is in a Private Trust?

00:33:29 Claude: FYI:  Creditors Stat Demand recent example  – Look at a Melbourne builder  (Joestarr Group v’s excavation company ‘Saliba Excavations’ ) being wound up by Saliba excavations.  

00:33:41 Bec & Nes: Qu: what is meant by “annexed to this affidavit … …”. Is it not an exhibit?

00:33:50 gabrielisthename: Hi Christina. Could Government seize gold if it’s in a (private) common law trust?

00:40:41 Grant Rasmussen: Q. Hi Mark, I have had an alleged debt with Services Australia – Child Support and sent them their statement of account back as a simple non negotiable contract with a promissory note for $300,000. They have never returned the Promissory Note. I have sent them 3 notices with attached invoices, as well as a couple of other letters, to which they acknowledged the receipt of promissory note, but then went on to claim that the Registrar does not accept promissory notes and have basically threatened to read any correspondence about it and then file it and not respond. I have sent a complaint to the Commonwealth Ombudsman. What is the best way to hold my position and get a favorable outcome?

00:46:11 Bec & Nes: Qu: how do we best rebut an affidavit from a Government lawyer who is authorised in writing by the AEC? I thought the AEC was an independent statutory authority. Thanks

00:47:35 Brad: Q. Mark I have a copy only of my live Birth Information Paper from W.A BD&M’s. They advised I cant get access to a certified copy for some BS reason. Will this suffice for Living man purposes or do I need the certified copy? Thankyou

00:52:38 therese: Hi, I have three questions regarding module 8 of the Promissory note documents which I purchased. 

The first question is from “NOTICEPAYMENT’ doc, which comes from right hand corner of document where i insert my details as follows:

Therese Suzanna Blahblah (“we” or “us”)

Director

<Name> Pty Ltd ITF <Name> Trust

<Address>

Should I put my name and surname next to the pty ltd ITF and then my name again after this, in front of the word trust?  

Also this same document states in brackets ‘the bank’ and ‘collectively you or your’ – as below 

Latitude Finance Australia (‘the bank’) ABN 42 008 583 588 (collectively “you” or “your”) 

Should I keep these bracketed items (as above) on completed paperwork?

00:53:09 tallsteve: Question:  I think I need to go down the road of a ‘Commercial Lien’ or ‘3 Notices’ process.  Is there a learning resource on the Solutions Empowerment website for this ??

00:57:08 therese: In regards to the ‘Letter of appointment’ do I fill in my name, it seems four times  (as i have questioned in brackets as below), as copied from actual document:

For (my name, middle name and surname?) PtyLtd ITF (my name, middle name and surname?) Property Trust, (my name, middle name and surname?) Pty Ltd ATF (my name, middle name and surname?)

00:59:15 Jay: Q,A debt collection agency didn’t send a credit guide to me as required in the National Consumer credit protection act 2009 incurring 5000 penalty units.  How would I enforce their error?

01:00:02 Grant Rasmussen: Q. I have sent a number of letters to the Services Australia CEO Rebecca Skinner who is also the child support registrar) and CFO Angela Diamond requesting a round table meeting but they keep saying things like the Senior Customer Service Officer is the best person to handle my case. ( A side note, I requested her indemnity insurance details, duly refused) How do I get a round table meeting?

01:03:20 Mat Richardson: I am thinking of creating a lien over the property through the trust – will this work?

01:03:31 Bec & Nes: Qu: the affidavit we received has a deponent. what is a deponent? Thanks Mark

01:04:40 Shauno: question. hi mark I am getting told by conveyancers that to move my home title to a trust I need to have a pty ltd entity. I have your discretionary trust. Am I asking for the correct process? thanks

01:05:37 Bec & Nes: Qu: is a statement of facts, a statement of claim? Thanks Mark

01:08:50 therese: If the bank was to send the debt to a credit agency to follow up.  Out of interest would then the promissory note have to be made out to the credit agency instead of bank?

01:15:27 Jay: Q, What would be the best way in a court hearing to expose the prosecutor or lawyer as the trustee

01:35:02 therese: Mark do you still do one on one consultations?

01:36:07 Brad: Q. Mark do you have case law for your court case where you had it thrown out sine die in regards with discharging with promissory notes? Thanks