General Q&A: 13/07/2023

Question Answered During This Q&A Webinar

00:08:49 michael John X: Q. What would be the best set up question facing prosecutor for “elector fail to vote?

I sent AEC ;no contract” conditional acceptance pre election, and have followed up with two more notices, !also lodged an affidavit with the court stating living man and included “live Birth Record’ and “cruden v Neele” in exhibit!…Thanks

00:09:02 Claude: Q) Can you make comment/respond to this situation?

My daughter received a council parking fine and used the Private Admin Process (PAP) using 3 notices. The council did respond once with a nonsense response and did not reply to her 3 questions and council decided to take the matter to Mag court last week.   1 week prior to the court mention at the Melbourne Mag Court I sent an affidavit with all exhibits signed by a JP to the prosecutor and Mag court.  The prosecutor did NOT to reply to the affidavit.  During the court proceeding the Judicial Registrar (JR) presiding over the case pressed my daughter on 5 occasions as to whether she would plead guilty or not guilty.  My daughter deflected the question by stating “All the evidence is before you your honour” “Is it not the case that an unrebutted affidavit stands as truth in commerce?” to which he replied “No”.

– Is it true that if you do not plead guilty or not guilty the judge cannot proceed/ or has no jurisdiction over you??

00:09:11 Claude: – In the contest hearing how should she plead considering there is already an agreement by tacit assent, and the affidavit is unrebutted?

– The JR wasn’t interested in making a ruling at the mention even though all the evidence was before him and only wanted to schedule the matter for a contest hearing. What are your thoughts on this?

00:10:50 Danny384: f I discharge a liability with a original party and they don’t respond to my 3 notices to provide evidence I didn’t discharge the liability and then sell that liability off to a third party, what is my best option when dealing with the third party.

I have done the 3 step no consent and conditional acceptance process with the 3rd party and they are yet to provide evidence to my concerns.

If it goes to court would you recommend a defence and counterclaim?

00:11:00 Brad: Q. Mark I conditionally accepted to go to court with my associated fees, how would you suggest I bring these invoices up at a hearing for the other party to settle? I have sent the opposition their first invoice. Thankyou

00:15:04 michael John X: Q. What would be the best set up question facing a prosecutor for “elector fail to vote?

I sent had AEC ;no contract” conditional acceptance pre election, and have followed up with two more notices, !also lodged an affidavit with the court stating living man and included “live Birth Record’ and “cruden v Neele” in exhibit!…Thanks

00:15:30 lyn: Q. Can you please explain the role of the Secretary of the Treasury? Why do we send some forms to the Secretary?

00:16:57 John: Q.  Do you think it is worthwhile to ‘Reconvey’?

00:17:23 John: If so, are there any stumbling blocks to look out for?

00:18:15 Bec & Nes: QU – I faced court today. Said I would plea & pay on condition of proof of claim from AEC lawyer for failure to vote. There was none produced and I was given a hearing date. Should I send the AEC some notices, then write and file an affidavit?

00:18:17 Claude: Q)When are you planning to do a live seminar in Melbourne like you did in Sydney?

00:19:23 alistair stewart: Q Sorry Mark, with regard to land tax invoice. My name is in all capitals appearing in a windowed envelope. Should I send it back with “do not accept offer” “Do not consent to conduct business with offerer”? Or open the envelope and proceed with conditional acceptance notices?

00:31:01 Alma: Q: I live in NSW and I got a parking ticket in ACT. Does ACT have a jurisdiction and correct to collect the fee?

00:33:36 Danny384: Q. When having a dispute with a corporation and they go into commercial default, if I then want to lodge a statement of claim would I lodge it against the party I am in communicating with (the Man or Woman) or do I lodge it the corporation?

00:36:31 Danny384: Q. If I discharge a liability with a original party and they don’t respond to my 3 notices to provide evidence I didn’t discharge the liability and then sell that liability off to a third party, what is my best option when dealing with the third party.

I have done the 3 step no consent and conditional acceptance process with the 3rd party and they are yet to provide evidence to my concerns.

If it goes to court would you recommend a defence and counterclaim?

00:40:00 Bec & Nes: QU – is there a difference between a hearing and a content hearing? My judge today scheduled me for a hearing but I read in Claude’s qu his daughter got a contest hearing.  thanks 

00:44:36 Jay: Q, What’s the best method to elect to prosecuted over a speed camera fine?

00:45:12 Michael J, QLD Terra Australis: Q:I have recently completed back to back ‘Legal letter writing’ courses and we were told that don’t say or write “All rights Reserved” write/say “All rights Claimed’! I would greatly appreciate your comments, Many thanks

00:45:52 Claude: HI Bec&Nes, In Melb they normally schedule a Mention to see how you will plead, If you plead guilty they will hear the matter and make a ruling.  If you plead not guilty they will book you in for a contest hearing.  (however they often try and give you a sentence indication , with the hope you will plead guilty and settle the matter then and there.,,,interestingly most people that I have seen (80%) just plead guilty and get it over and done with.

00:53:10 Andrew: Hi Mark, you mentioned having certain stamps that you use on your promissory notes to make them look more official…I don’t see any example in the doc pack ? Do you have any images of one of your completed notes?

00:54:14 Danny384: Q. Sorry, with the question in regards to the 3rd debt collector  they have sent me a “transfer group rights” statement stating the original party can assign its rights to a third party without my consent.

00:55:54 Danny384: Q. My question is this a contract in some way?  How do I address the 3rd party stating it is a contract?

01:02:26 Danny384: What is the difference between assign and sell when a credit card company sells or assigns the alleged debt to the 3rd party?

01:04:54 Jay: Q, Asked for a deed of assignment over credit card debt at a directions hearing and they have sent a confirmation of assignment, How should I play this out?

01:23:09 Bec & Nes: Thanks Claude. Good explanation. We found that was the case in court today too – most just pleaded guilty. Nes did not plead either way – he wanted a Proof of Claim of the charge before he would plead. And he ended up with a “hearing” date, hence my qu about the differences.

01:28:23 MJ: Question: an account arrives from a government agency – marking it up with initialled changes, default and liability clauses, adding a $1 stamp and returning it – does this change account into contract?

01:33:26 Stevefos: Q. Mark with the promissory note, can we put promissory note in our email subject heading so you know who would like a copy of it

01:34:00 Juan: Hi, I have not send my protest to ASIC about not wanting a directors ID. Can I still use your ASIC documents and do I need to make any changes? I also need to set up another company, if I can still send your documents then apply for another company or apply for the company and then send the leter. Is there a sequence to sending your documents. Thanks