General Q&A: 31/01/2024

Question Answered During This Q&A Webinar

00:01:37 John: Q) When you cross examine a witness in the witness box and ask them a question which they do not know the answer to: 1. Is the witness allowed to refer to the lawyer at the bench for assistance, and is the evidence the witness provides after that admissible? 2. If the Witness does not know the answer, how can you achieve 2nd Witness agreement if they keep saying ‘I don’t know’?

00:02:52 Claude: Q) When the Federal court is preparing for a hearing it asks the Plaintiff and Defendants to submit Proposed Consent Orders – which I understand it to be a timeline of events that need to take place before a hearing such as what/when evidence/submissons need to be filed and what witnesses need to attend. What do you recommend we ask the Defendants (ATO) to provide before the case such as Submissions, Notice to Admit Facts, Affidavit, or all 3?

00:03:24 John: Q) Do you have any inside information as to what went wrong with the AITKEN V DCTaxation Disctrict court of WA [2015]? He delivered a PN to the ATO 0

00:04:34 Claude: Q) 1. Is the ATO statement of account a BILL? (Hence by definition a BoE S4) OR is it a Pre-signed Offer, or is it Both? 2. Just a little weary about calling the Pre-signed Statement of Account a BoE because as you know there is Case Law saying you cannot turn a SoA into a BoE. 3. Regarding the ATO statement of account(SoA) , I understand that section 97(2) indicates that the Statement of account is a pre-signed document/offer. However, If we are turning the ATO statement of account into a CONTRACT (and NOT into a BILL) How can we use the sections of the BoE to negative and limit (S21) and pay the Sum Certain (S14) etc etc,.. as all these sections of the Act ASSUME that you are doing it to a BILL – the ‘negativing and limiting’? How do we hold our position saying it is a BILL and a PRE-Signed Offer,….or am I missing something?

00:06:01 John: Q) The ATO lawyer made this claim- what are your thoughts? A ‘Cheque’ is a document that is denominated in Australian currency. So if you were paid a cheque then you receive a piece of paper, but the piece of paper is not money, It is not currency in itself. It is denominated in Australian currency but it is not until the cheque is processed by the bank and the money clears into your bank account that you have actually been paid. Until that time, what you have is a piece of paper that links to a legal right.

00:07:11 Claude: COMMENT FYI : the Melb ATO lawyer said that the signature on the statement of account is the typed name of DAVID ALLEN. “that’s deemed by a particular provision in the Taxation Act, even if it’s written, it’s a signature in this context. “ TAXATION LAWS AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 289 – SCHEDULE 4

00:07:23 John: Q: ATO Lawyer stated: : The Bill of Exchange Act sets out a process that may be used by parties looking to transact. It does not oblige parties to transact in that way. What are your thoughts?

00:09:46 Claude: Q) When and on what basis can you ask the Judge ‘Are you practicing Law from the Bench’?

00:10:16 Georgina: Is it worth having a charitable unincorporated private trust?

00:10:35 John: Q: ATO lawyer stated : “ Notification is by us notifying you that we have accepted a PN or BOE. It’s not you notifying the commissioner. Hence “You need to show that the commissioner has notified you that he accepted the document, not that you have notified the commissioner of anything. So there has to be something that the commissioner has sent to you saying something on the lines of, we confirm receipt of… What are your thoughts?

00:11:11 Paul Hueper: REGARDING YOUR TRUSTS… 1. Is your Trust considered irrevocable or revocable? Or is that commercial language? 2. Can we create unique addendums to add to ;your standard trust? 3. In one of your videos you say that this trust free from taxes? Which taxes? Property and cash flow? *

00:11:56 evina: What is the comeback if the judge says that it’s ‘colour of law’?

00:12:41 John: Q: ATO Lawyer states: “ The problem is the notification, if you deliver to someone and then notify you delivered it to them, you are still imposing a unilateral obligation. They haven’t done anything. Acceptance has to be a two -way process. Someone has to take an active step to accept something, not merely the passive step of not responding in the way that you have asked them to. Further stating “Where is the commissioners active steps that he has accepted the PN or BOE? What are your thoughts?

00:14:35 Jennifer Zalme: Is there anyone here who can help me to help my friend Paul from the Freedom Truck at Epic 2022 to win his case against the AFP please? He is facing 40 years in prison for driving his truck. You can contact me via my account here. TIA

00:16:25 Claude: Q) Please comment on this – The ATO lawyer made this comment about modifying the ATO statement of account: “The way the courts deal with this, as per the thing I read out,(He previously read the judgment from the Atkinson 2014 FCA1217 case paragraph [47]), they firstly determine is there an intention by the party issuing the document to engage in the bill of exchange process. There are five, six cases I could easily cite, which all go to the point that the DCT, when issuing this document (Statement of account) did not intend it to be a Bill of Exchange (then he corrected himself and said ) the DCT did NOT intend for it to be an instrument subject to the Bills of Exchange Act and therefore any attempt to make it an instrument under the Bills of Exchange Act will fail. Unless it can be shown that by issuing this document, the commissioner INTENDED to take the first step in the process under the Bill of Exchange Act, then you cannot take the next step under the Bill of Exchange Act. “

00:18:36 Michael Dominic Russo: Q) I have a party which has committed fraud/ breach of contract. I have sent them a letter of clarification with a series of 22 questions and asked for a formal meeting to discuss the matter. They have refused 3 times after 72 hours was provided with absolutely no response at all… What are my next steps please?

00:19:33 Michael Dominic Russo: Q) Can a Trust and Foundation be used to run an operation with tens of thousands of clients, billions in revenues and global operations? Are there any limitations to such…

00:20:55 John: Q: What is the purpose of BOE act 1909? Is it not how to engage in commerce?

00:22:31 Christina Husovic: A question about selling gold. When you sell gold their is capital gains tax to pay. What is the best way to avoid this. Also is it better to purchase gold from your Private Trust does this protect it in anyway from paying the capital gains tax.

00:26:42 John: Q: What evidence can we provide when the ATO ask us: “Where is your evidence this Statement of Account is an offer” What are we going to say? 00:30:56 evina: Can I use a PN for VicRoads and utilities?

00:45:26 Robert: Q, My sister has now appointed a lawyer who has communicated that to the court (&CC’d me in the mail) and says she does not consent to revoking the grant of probate given to her on a will that was revoked by my mother in her last will that was written with a lawyer, also stated why she revoked her previous Will and she had a report by a consultant geriatrician declaring her of sound mind, Can I demand the court cancel the old grant of probate thay gave her and award to myself as the clear Executor and Trustee of her estate apointed in her last Will?

00:46:18 Robert: Q if Yes How do I do that

00:46:36 Claude: FYI – A collection of LEGAL MAXIMS in LAW AND EQUITY with English Translations. By S.S. Perloubet, 1880 2194. Reprobata pecunia liberat solventem. (9COKE, 79.) – Money refused liberates the debtor.

00:46:59 ‘Kurt’: Q – if the SDRO NSW has agreed via acquiescence to an agreement with fee schedule provided to them what is the “best” way forward if they violated the agreement/ contract as well as removing a “licence suspension” and clearing the “driving record” they keep on us?

00:51:03 Claude: 7. TAXATION ADMINISTRATION ACT 1953 – SECT 17 8. TAXATION ADMINISTRATION ACT 1953 – SECT 8J

00:51:41 Claude: For those interested in looking at other Federal Acts that support PN and BoE, have a look at these 2 other Acts.

00:53:00 Georgina: What taxes etc do you avoid if you have a unincorporated private trust

00:56:43 Paul Hueper: Q More regarding Trusts… 1. We and our land are on Alaska. Are there any changes to your trust package that we need to make, 2. We have several land parcels without any loans against them and have discovered that attorneys are licking their lips for them. Is it better protection to have separate trusts for separate parcels? 3. How can we get our names off of the record so attorneys don’t see us any more on the properties in trust?

01:05:42 Robert: Q Is there value in not contracting with a court when the court has no vested interest ie defending a VRO or Probate issue? I’m concerned about putting them offside unless it really gives me some power. I get it when they are after money but does it when there is no financial gain for them, Can you say a bit about this please

01:12:30 evina: Let’s say I am sued for non-payment of council rates. Could I use the ‘living man/woman , no jurisdiction strategy? They would have to throw the case out, wouldn’t they?