-
Promissory Notes
Hi all,
I’ve been doing a deep dive into promissory notes.
There is case law Atkinson vs ATO. Plus an appeal. The guy lost against the ATO twice.
Has anyone had any PN wins?
I’m just a bit hesitant because the BOE Act only says that a PN that is not presented for payment only discharges the liability of the drawer (for BOE) and the indorser (for PN). This is a problem because it does not state that the MAKER of the PN has discharged their liability, which means we are still on the hook for “payment” (of Aussie dollars that do not exist in reality – only the denominations exist).
Anyway, has anyone won against the ATO using PN?
How do we fight the Atkinson vs ATO case law?
-
4 Replies
-
Yeah interesting, I attached the court report, and another that came up in a search. I’m still reading , would like to see their promissory notes and more detail on how they went about presenting it.
-
Whenever a process is completed one needs to know how to hold their position with it all the way up to the high court if necessary, so before taking on any process large or small, extensive study of how to deal with any approaches verbally as well as in writing needs to be understood and able to be applied. This takes study and buying modules and role playing with friends to get proficient. it sounds like a lot and that is because it is a lot. It took us years to get in the position we are in now and it takes a considerable bit of time and study and application to get proficient in dealing with any matter. The absolute advantage we have on here is that Mark has had the experience of going to court over 500 times and we can fast track our profiiciency by watching webinars and then buying the modules associated with those webinars and then applying the principles starting with small matters first so that we have some victories under our belt before taking on the more heavy duty problems that can get us into difficulties if we are not competent. We can also prepare our properties for any approaches by putting up trespass signs with correct wording, installing cameras and putting barriers/safety doors on every entrance as well as gates and locks on gates in our driveways. Basically turning our houses into our castles. Even if renting we can still use trespass signs and security doors as possession is 9/10ths of the law. We need to complete the non consent processes on here to send to the Govt and other organisations that want us for customers and unpaid employees. We need to get scripts and fee schedules we can carry around in our automobiles for dealing with the road pirates and have role played that as well. Once we have done this and have learnt scripts for dealing with ‘authorities’ and any court scenario we may face and have a group of supportive friends, then we are ready to start doing more heavy duty processes.
-
Hi Buz,
Something went wrong either during presentment, or within their documents / method.
I agree with Morag. We really must understand the law, Mark’s teachings, and other ways to be able to hold our position. Mindset is also a very important factor. This is the energy we give towards to discharge.
To give you confidence, I’ve had two people in our exec team for our PMA discharge 7 figures worth of PN’s for their businesses. Now that we have a PMA set up, we don’t have businesses but rather projects, in which we receive non- taxable sustenance from.
I’m going to shortly discharge my ATO company liability soon too…..Wish you all the best!
-
Well done, I’d love to see you being interviewed by Mark about the process of how you set up your PMA. Would you be open to that?
-
