General Q&A: 13/09/2023

Question Answered During This Q&A Webinar

00:08:02 Brandon: I am in a Civil proceeding with the bank after discharging my unsecured personal loan with a Bill of Exchange- When I filed my defence I just signed it with my normal signature and did not write all rights reserved or anything. Will it be difficult for me to assert in court that I am the living man and not the trustee when I already filed a defense and have other correspondence with the banks lawyers where I answered to the ALL CAPS name?

00:10:12 TerencePeter144: Q  Federal family court.  Had my divorce Review, wasn’t successful. I wrote to the Fed attorney general before the review asking him to intervene and give a rescission of the first divorce order.  I meet all the criteria under s58 of the Act based on miscarriage of justice and no jurisdiction to rule.  No reply before Review.  I didn’t accept the new offer of divorce order handed down within 72 hours and wrote a Notice of demand for Particulars to the attorney general to perform by intervening again. Got a reply, no answer to my questions, no valid reason for not intervening given.  Default Notice going out tomorrow.  What’s left?  Governor General?  Beef up the stick to include resignation from cabinet if you don’t perform and intervene?  Zoom hearings are a stitchup

00:10:15 Chris: Q: I have looked online about repossession orders and it talks about trespass and parking the vehicle on private property and the repo man needs a court order. It also says the laws are different for a business loan. I will be using a promissory note to pay for my new work ute and will be using a business loan. Do these rules/laws still apply? Is there anything you know of that I should be cautious about?

00:12:09 :Samuel: L: Q. If one’s labour hire contract was terminated by the host company seven months prior to the agreed expiry of the contract how would you seek remedy as the contract under common law was made eith the labour hire company and not directly with the host company

00:12:35 Brandon: -What can a Mckenzie’s friend do in court? I have been reading that a Mckenzie’s friend can’t address the court on your behalf like a lawyer. But I have heard others speak of having a McKenzie’s friend that was able to address court for you?

-Also, what kind of paperwork could one provide the court before a hearing informing them about your McKenzie’s friend so as to avoid or minimise the chance of your McKenzies friend being kicked out of court or not allowed to speak on the day?

00:13:33 Brandon: -Do you know about the case law against promissory notes – ANZ vs Evans & Evans vs Esanda Finance in a NSW court? Plaintiff in my civil proceeding is trying to use this? How do I argue against it?

00:15:16 Bec & Nes: Q. If all the world runs on trusts & equity, one could surmise a self managed super fund is just another trust. On that basis, could you suggest some strategies to change this ‘trust’ to a non registered trust?

00:23:03 Robert: Q. HI Mark I apologise as I asked this question before but not sure when. As you know my mother passed away and had changed her will in private with a lawyer and took my sister out of the will She explained why she did that at the top of the Will and also wrote a letter to my sister for after she had passed explaining further why she changed her will due to the upset caused by my sister, I know she also wanted me to own a home which my sister stopped before. I am expecting my sister to contest the will. You said I need to put an affidavit and I think with the application for probate Note I am appointed as Executor and Trustee in the will. Also I understand I have to sign the back of the will, I presume I should put By: Micnael……..

00:24:23 Cynthia Louise Dellit: Question:  Is there any credence to the information that a number of local ‘Councils’ are now reconstituting the entity as a PMA (private member association) whereby granting themselves the protections of a secret society,  enter the jurisdiction of international law, & claim the non-disclosure rights of such an entity? How would one best go about challenging such a illegitimate move on the part of our supposed public servants/service providors?  With many thanks

00:25:27 Bec & Nes: Q. when tendering a money order for payment, can the CFO be the fiduciary or must it be the CEO of the organisation?

00:25:52 Brandon: Q. Discharging a loan with the bank – Is asking for proof of accounting from the bank a legitimate request that the court will recognise? Or would the judge dismiss such a request as unnecessary? And how would one request this from the plaintiff in a court setting? Is proof of accounting the correct term?

00:28:59 Brandon: Q. I have heard you talk about how you have tracked promissory notes that you have issued and have been able to see these being traded. How does one do this? And can the same thing be done with money orders?

00:37:55 :Samuel: L: Q lots of invoices have payment terms and coditions on the statement. When re-drafting the instrument do we cross out these terms and conditions ?

00:49:31 Therese: Recently I had a credit card loan past onto debt collectors.  I then sent a registered  post letters to the CEO’s of the original lender and debt collectors corp asking they provide evidence of where I consented to do business with debt collectors and where the “debt collectors” have the  authority to recover debt from me, though I did not outline on letter ‘so’ many days to answer.  Previous to this I purchased your module for promissory note and was printing so that I could settle debts honourably.  As I would also like to hopefully make sure this does not affect my credit rating ( is there a way to avoid or fix this if it happens?).  So far a month has past and I have had no reply. How do I get this to be agreement by default as I know there is a three letter process.  Also should I ask original lender for the original loan document?  

Also the following be ok to add to bottom of document Mark? 

Your failure to provide the aforementioned documentation within ten (?) days, from the above date.

00:50:43 Therese: ……date of this notice, to validate the alleged debt, will constitute your agreement to the following terms:

1. That the alleged debt did not exist in the first place; OR

2. It has already been paid in full; AND

3. That any damages I may suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You agree to pay all fee schedules.                      

00:54:08 Samuel: L: Q.  Following on from my previous question about my contract being terminated by the host company and my contract is with the labour hire company. Could I argue that whilst this is the case constructively my contract/ agreement was actually with the host as it was the host that offered the role to me after interviewing me for the role. And its the host that has acted in bad faith  in terminating or causing the termination of my contract. The labour hire is only the  company that manages my pay but  the day to day management of my work was by the host

00:59:56 Bec & Nes: Q what module explains amending a court order?