General Q&A: 14/02/2024

Question Answered During This Q&A Webinar

00:01:43 John: Q) When writing up an Affidavit to be submitted in court, detailing the facts behind your payment instruments used to discharge a liability, 

1. Is it assumed that the opposite side WILL rebut your affidavit?

2. Do you have to state that they are required to rebut each of the points in the Affidavit and if so where would you state that?

00:01:47 Rob: Q: Hi Mark, when using the 3 step process, and have private agreement of no jurisdiction, authority, etc, and agreement of private settlement. How would you utilise the second witness in court to have the default process and agreement accepted in court by the justice?

00:02:16 John: Q) When drafting a Notice to Admit Facts to be used in court, (this will be my first one) – 

1. What is the style of statements that you are making?

2. Are you asking questions, or are you making factual statements of events that you believe are true and they have to admit or Deny (if Deny – provide evidence) 

3. Is there a SE Module explaining Notice to Admit Facts?

00:02:37 Claude: Q) Who is the INDORSER of a Bill of Exchange that we make up?

00:02:46 Claude: Q) While we can negative and limit a BoE pursuant to S21(a) as the drawer of a Bill of Exchange,  Can we also use S36(5) Negotiation of Bills to ‘negative personal liability’ or is that only for the one who is to INDORSE a bill?

“S36(5)  Where any person is under obligation to indorse a bill in a representative capacity, he or she may indorse the bill in such terms as to negative personal liability.”

00:03:24 John: Q) My wife and I want to minimise the tax we pay on rent we receive from a property which is under a REGISTERED trust (without transferring it into a NON REGIESTERED trust for the time being) 

 1. Can we distribute the funds to each of us as ‘productivity of labour’ therefore this is not a taxable item?

2. Any other suggestions?

00:03:28 Brandon Sweeney: Q. AFCA called me regarding complaint I lodged against bank and I had some setup questions to ask them regarding their “investigation” so I informed her the call was being recorded. She stopped and put me on hold, then came back and said she has to terminate the call as calls cannot be recorded as these communications are without prejudice. I said no problem, I’m happy for you to communicate with me via email if you aren’t happy with phone call. Am I in dishonour here? 

00:03:31 Rob: Q: If the justice ignores the 3 step process, commercial default, private agreement, etc, what steps would you take next? Is it considered evidence tampering, dishonour, or something else? How would you proceed if it is ignored by the justice?

00:03:48 Claude: Q) Question and comment – Mark can you please clarify this as to whether it is correct or not.  –  There seems to be a misunderstanding in this area – (I know I did and maybe other members) we are confusing whether we  use Sections of the Bill of Exchange Act OR ‘CONTRACTUAL principles’ as evidence to justify the ‘negativing/limiting, paying Sum Certain etc etc’ on the ATO Statement of Account.  Is the following statement correct?  ‘The only evidence/justification we can use to modify the ATO statement of account is based on ‘contractual principles’ in that it is a Pre-signed offer and we as the acceptor can change the terms and conditions as we see fit, then counter-sign it, add consideration to support simple contract etc.’  

2. Therefore on the Bill of Exchange that we create – we are using Sections of the Bill of Exchange Act as evidence to justify the ‘negativing/limiting, paying Sum Certain etc etc’.  Is that correct?

00:03:50 Brandon Sweeney: Q. I sent my final notice with invoice for payment of debt and the banks lawyer responded after 6 weeks of silence and said his client is not in a position to respond to these notices as an AFCA complaint is under way. I’m fairly sure this is bollocks but am wondering if a lawyer has ever tried to use this in court to get out of an equitable estoppel from 3 demand notices? 

00:06:14 Michael Dominic Russo: Q) Hi Mark, just wondering about the Schedule of Fees – the example someone showed me was quite lengthy – about 4 pages… but I saw one on your site that was much shorter – 1 pager.  Does it make a lot of difference?  Is it better to have something less complicataed?

00:06:44 Claude: Q) If the above statement is correct (regarding BoE limiting/negativing) then, when we issue a BoE to discharge a Taxation liability and we want to provide evidence to support our claim that we are adding consideration to support a simple contract is it best to use

1. S(32)(1a)”Valuable consideration for a bill may be constituted by: (a) any consideration sufficient to support a simple contract

OR

2. We are adding valuable consideration to support a simple contract based on contractual principles.

OR

3. BOTH

00:12:56 Claude: Q) While we agree that an ATO statement of account is NOT a BoE and cannot be turned into a BoE, With the new information that we have that the Deputy Commissioner of Taxation (DCT) printed name on the ATO statement of account is a signature (pursuant to TAX ADMIN REG 2017 – REG 24 and TAX LAWS AMENDMENT REG 2001 (NO. 1) 2001 NO. 289 – SCH 4 (15)) – THEREFORE –technically –  CAN IT NOW be said, that because there is a Man or Woman’s signature on the Statement of account that it does qualify as a BoE?   Or is this playing with fire??

00:13:07 Christopher Burow: Q. I am the tribunal(QCAT) appointed administrator for my mothers estate, which is similar to power of attorney. I intend to put my assets and hers into a private trust. Have you had any experience with this situation before? Is it any different from setting up a private trust normally?

00:16:15 Brandon Sweeney: Q. I sent my final notice with invoice for payment of debt and the banks lawyer responded after 6 weeks of silence and said his client is not in a position to respond to these notices as an AFCA complaint is under way. I’m fairly sure this is bollocks but am wondering if a lawyer has ever tried to use this in court to get out of an equitable estoppel from 3 demand notices?

00:16:43 Brandon Sweeney: Q. AFCA called me regarding complaint I lodged against bank and I had some setup questions to ask them regarding their “investigation” so I informed her the call was being recorded. She stopped and put me on hold, then came back and said she has to terminate the call as calls cannot be recorded as these communications are without prejudice. I said no problem, I’m happy for you to communicate with me via email if you aren’t happy with phone call. Am I in dishonour here? 

00:20:28 laura: Trust account

Q – Is it okay we didn’t add a tfn to the trust account itself. They did get us provide one for each trustee, but  not the trust. They just went on about the potential  risk the ato would freeze or claim funds, but I remember this being something they try scare us with anyway?

Q – Could we open a non-for profit Community account, or is the business account best?, I ask as we will be receiving money from sustenance/Productivity of Labour  invoices (no abn)

00:22:51 Rob: Q: After the 3 step process is complete, should you also send a Notice of Acceptance (or alike), along with an invoice subject to the ‘Fee Schedule’ to confirm the commercial default judgement? Also, do you ‘Notice’ the invoice?

00:26:44 John: Q:  In a building dispute at VCAT, in exchanging witness statements,   the builder states that prior to the trial a “Tribunal Book will be prepared which will contain letters, emails and invoice “.  He makes unsubstantiated claims with no evidence.  He is the plaintiff and we are defence and counter plaintiff.  Is there anything we could do to get this information from him earlier?

00:26:55 laura: This may seem like a silly question

Q – The “my Ref #” on the right, under our name and details of a document. I have created mine containing my initial, then time and date ( same time and date as BOE). do I continue using this throughout the process for all documents connected to this case?

I only ask as someone said they change it to the date they send each documents, but that doesn’t make sense to me at all?

00:28:09 :Karen: F (NSW): Hi Mark, I had a consult with you recently. I sent 1st letter to council who demands access to my NSW property for investigation.  I have your No Trespass signs up (3) from front boundary to gate/front door.  They have emailed me several times and ignored my letter.  They advise they will be coming to my property next Thursday 22/2.  On 21/2/2024 is the date I am to send the Default letter (2nd copy of the original) requesting response to our 28 questions regarding authority/power/jurisdiction/standing.  What do I do if they come to site with police and locksmith to push past our security gate and then enter premises?  I’m very concerned. Thank you.

00:31:09 Joe: https://drive.proton.me/urls/Y1Q7S26G0R#q2R28hQDEqZo

the link above is to a federal court order dealing with the Promissory note tendered to the comm bank to discharge the mortgage.  They go over every point in statutue law that refers to the PN and say that I have taken it out of context.  Makes for a good read.  Let me know if you guys have a defence against it.

00:32:06 LisaBrack: If we all did business in a local currency (community money) instead of fiat could we safely assume there would be no tax liability at all?

00:36:04 Michael Dominic Russo: Q) What is the case law reference for the 3 Commercial Default process – specifically the term ‘Commercial Energy’ to answer to their behalf when they are silent.  Thanks Mark

00:46:10 LisaBrack: We are working on establishing a community currency that can be used in any commonwealth country; we will be selling packs of currency to pay for printing costs of the currency, what setup should we use to receive money or can we just accept donations into a bank account?

01:00:55 dskjb: After handing back the councils insufficient instrument (aka rates) I returned to the council the completed contract. they have banked the postal cheque for the water usage. I believe that the contract is now in force because they banked the cheque, so accepted my terms of the contract? .

01:06:16 dskjb: when returning a contract within 72 hrs, does it have to be in their possession or the date  when posted for a corporation which is impossible to get it to them within 72 hours, ie oversees or interstate

01:12:07 Balazs: Q: I tried to get a new passport with all rights reserved signature, but could not get it through the line. I made 3 attempts already. Last time with priority processing at the Brisbane GPO.

I’m thinking of suing them now as I ran out of options. They fail to explain the reason of their decision every time. Would you recommend a civil procedure or criminal?

01:16:40 Rebekah parker: Mark do I have to be a business or have ABN to register with Equifax?

01:19:26 laura: Q – I am not confident speaking directly over the phone yet. I have not included my mobile number on the documents where they include this in the templates. will the postal address be sufficient?

01:31:40 Rebekah parker: Can we use Reconveyance to stop Magistrates Court putting Orders on us? Will being State National stop them?

01:32:54 :Samuel: L: Q: Can I raise a creditors statutory demand on a department of the Commonwealth Government ? The department has an ABN but no ACN