General Q&A: 13/03/2024

Question Answered During This Q&A Webinar

00:06:32 Brandon: Q. It seems to be a common argument the banks try to use that the promissory note “coffee shop meeting” location is miles away (sometimes interstate) from the branch where the PN was sent. 

What gives us the authority to set the location and time of the promissory note “coffee shop meeting”? How is it equitable that we set the time and location for the meeting without engaging the bank at all prior?

00:07:30 Chris: Q: I have registered mail to collect from the post office. I can check return address before signing to see who sent it. The notice Aus post put in my letter box is in my unadulterated name eg (Chris Lastname). If the registered mail is in All Caps (addressed to the Cestui Que Vie Trust) should I tell the post office to send to the trustee? What are your thoughts?

00:07:34 Brandon: Q. 5c postage stamp on completed contract. You have said in the past the stamp is a duty stamp to compel the public to perform. Can you explain a little more about what this means and where it comes from?

00:08:15 Brandon: Q. For a civil proceeding (discharging a debt), does it make much difference to go to court as the living soul, answering to the “name” as opposed to going in as the name?

00:09:27 Claude: Q) Could it be said by the ATO or the Judge say that our BoE that we give them for $1.00 to discharge a tax liability of thousands of dollars, is inequitable, therefore the court may agree and strike out the BoE.

00:09:41 Claude: Q) Can you explain S48 (2) of the BoE Act (see below) – especially the part about – ‘an immediate right of recourse against the drawer and indorsers accrues to the holder’ 

“(2) Subject to the provisions of this Act, when a bill is dishonoured by non-acceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary.”

00:10:30 :Samuel: L: Q. Can only bankers use a bill of exchange? Or why is there a definition of a banker in the bills of exchange act?

00:10:35 Michael Dominic Russo: Q) Is there any formal action we can take against a lawyer who has lodged a false claim against us… other than a Formal Complaint with the Legal Services Commission?

00:12:31 laura: Q – A friend of mine is having a meeting with the school about her son and what she wants for him at school.  She would like to record the meeting but doesn’t want to start the meeting of on bad terms. 

How could she express that she would like to record? and what could she say to back herself in doing so?

00:12:44 Claude: Q) How would you respond to the ATO lawyers – I have just received a response from the ATO lawyer regarding the Notice to Admit Facts I sent them 14 days ago and for about 40 of the 150 stated facts in the Notice they have stated that those 40 statements – (A)  “do not specify facts and do not comply with r 22.01 of the Federal Court Rules 2011 (Cth) “  r22.01 states

 “A party (the first party ) may serve on another party (the second party ) a notice, in accordance with Form 41 (the notice to admit ), requiring the second party, for the purpose of the proceeding only, to admit the truth of any fact specified in the notice to admit.”

Some of my statements included

1. The ATO operates is in the Federal Jurisdiction 

2. All the Officers and employees of the ATO operate in the Federal Jurisdiction 

3. We are all equal before the law 

4. An unrebutted affidavit stands as truth in commerce. 

5. The company had twenty-one (21) days to reply to the creditor’s statutory demand issued by the ATO. 

The ATO also state

00:12:56 Claude: The ATO also state –

(B) These paragraphs identify questions of law or are conclusions of mixed fact and law. They are not facts the truth of which can be disputed by the First Defendant pursuant to r 22.02 and there can be no deemed admissions pursuant to r 22.04. 

(C) . In the alternative, unless otherwise expressly admitted by this Notice of Dispute, the First Defendant disputes the truth of any facts specified by these paragraphs.

00:16:42 :Samuel: L: Q. Are there any case law that discusses whether statutes and legislation do not apply to men but only persons?

00:16:55 ‘Kurt’: Q: can we use the BoE to settle with ASIC or any other “agency” for this matter?

00:19:26 :Samuel: L: Q. How do we respond if the lawyer for the ATO states that the deputy commissioner is unable to contract away his statutory obligation?

00:20:48 :Samuel: L: Q. How do we respond if the ATO lawyer states that the depty commissioner can’t contract away his statutory obligation because we negotiated the statement of account and used a bill of exchange to pay one dollar?

00:21:24 Tiffany R: Have you been successful in discharging an AMEX debt? Is what was the process?

00:23:10 evina: Do you use BOE regularly?

00:23:14 Tiffany R: Can crypto assets be sent from a non KYC exchange to a bank account in the name of the Private Trust and would those assets remain tax exempt ?

00:23:55 Claude: Q) are you available tomorrow Thurs Afternoon for 1 hour to book in a consultation?

00:24:21 :Samuel: L: Q. What legislation can we use if we are challenged by the judge that a director can’t represent the corporation and that we need a lawyer

00:25:45 laura: Can people put their messages on “Everyone”. It is really hard for others to know where they are in the que with Mark.

00:27:10 :Samuel: L: Q. How would one use a non-ausralian birth certificate with your BoE or promissory note process?. Is it possible to use a non-Australian birth certificate on BoEs and promissory notes process ?

00:28:02 Nige: I now have a crypto exchange account set up in the name of my non registered trust. Do I need to sell crypto from personal account, withdraw to personal bank account, send to trust bank account to send to trust crypto account to then repurchase crypto OR is it ok to simply send from personal crypto account wallet to trust account wallet? I hope that makes sense.

00:29:17 :Samuel: L: Q. if I have multiple respondents on my notice but all the respondents are part of the same organisation and are in the same line of management do I need to send the notice to each one or can I just send it to the boss only to save on postage and printing?

00:38:28 :Samuel: L: Q. If an organisation on their payment slip provide a list of paymenbt types that they will accept on  to discharge the liability? For example Optus do not even provide an address to send the BoE or promissoary note to now but only stipulate how one can pay and cheques or cash are not included what basis can we still use the BoE or promissory notes

00:39:35 Lyn: You mentioned in a webinar that you stopped your process to exit the public realm completely, and chose to  work with the system instead. Can you explain what process you were about to complete and how/why you decided not to go through with it?

00:42:04 Manuel De Freitas: Hi Mark, I have to appear in court because I was stopped at a red light, with the park brake on, looking at the map on my phone. I risk a fine of $1000 and losing 4 points. What would be my best defence tactic, do you think?

00:59:46 Lyn: I’ve seen a process to ‘register’ our name as an unincorporated structure with an ABN and tick yes for agricultural use as we are ‘dust to dust’/land. Do you have an opinion on whether that is a way to hold the legal name?

01:01:36 evina: The ATO is an unlawful institution and we should never pay tax

01:01:43 :Samuel: L: Q. I recall in a previous Q&A you mentioning that a capital gains tax can be avoided on the sale of property or can be avoided – is that right ? And if so could you just list the manner in which this ca be done?

01:02:07 laura: Q -A friend of mine is will have to go in for the first court appearance for a DVO. 

They received the DVO while in hospital by the partner put them in hospital. They consented to a form but cannot remember it or what happened, or doing so.

They have a good case though, however the lawyer said they do not have to submit anything or do anything.

Couldn’t they submit affidavits, and declarations? And even begin a 3 step process, even though the DVO is out of 72 hours, can they still do a 3 step process

I’m not sure how DVO’s work but I think it is to decide whether the DVO stands or not.

01:03:44 Claude: @Manuel De Freitas – (my thoughts) I would use the Non Consent process, for the Mention, and then it will most likely go to a Hearing, but just make sure the Hearing is heard by a Magistrate and not a Registrar.  Lately we have found that Registrars overlook the non consent process and give you a fine anyway,… then you need to appeal it to a higher court.  So make sure you get a Magistrate for the hearing.

01:04:03 :Samuel: L: Q. the name of my trust includes my family name – is there a problem with that in your opinion ?

01:04:21 Nige: Yep my crypto trust account is set up with my trust bank account so I’ll draw down to it for sure

01:04:38 Jay: Q..How or where to get a good trust deed?

01:05:22 :Samuel: L: Q. The name of my trust includes my family name – in your opinion is there a problem with that ?

01:06:28 :Samuel: L: Q. Do you recall which section of the crimes act is engaged if an organisation says that they do not recognise the BoE act ?

01:09:28 Rebekah parker: What can I do if PN refused. Did Promissary note as it should have been was to govt department I was paying

01:18:20 Aliyyaa Spring ND: Hi Mark, Aliyyaa here. Trust documents are here, Letterhead, Invoice & ATO Form, Purchase Order template not received. Are they online? or?… Main question is their a webinar/instructions to show how to transfer property into Trust correctly.

01:28:06 :Samuel: L: Q. Have you bonded a judge and if so could you do a module on this topic ?

01:31:46 Rod Sutton: Q. How did you set up stripe account without abn and legal business name?

01:34:21 Rebekah parker: Who would we take a corrupt Magistrate to for remedy. Magistrate acted out of jurisdiction