General Q&A: 15/05/2024
Question Answered During This Q&A Webinar
00:04:48 Claude: Q) Can you please explain a little more on the BoE Act 1909 s89(2,3) see below, as I want to feel confident that I fully understand the meaning of this section
On the PN that we create, HOW DO WE AS THE MAKER INDORSE THE PN? See act below.
“ (2) An instrument in the form of a note payable to maker’s order is not a note within the meaning of this section unless and until it is indorsed by the maker.”
Please explain sect 89(3) – “(3) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof.”
00:05:41 Claude: Q) Please comment on the following and the Q at the end – Ballentines Law dictionary 3rd edition states that a PN “is a contract in writing for the payment of money, usually with the added feature of negotiability” When we as a maker write up a Promissory Note, how is this instrument negotiable?
00:05:41 debbie: Buying a property what do i need to do to have it in the name of the trust ?What form do i need to ask from the state revenue
00:07:04 Jane: HI Mark, we have a non-registered trust and have been told that if the trust purchases a property that it will be charged double for rates and land tax, can you shed any light on this please, thanks
00:08:50 Xin: Question:
When the Court only gives oral judgement of written, but transcript of the oral judgement is available, can the 3-step estopel be used to compel the Court to waive their copyrights over the transcript ?
00:10:33 Brandon: Q. Divorce proceeding. Judge has ordered house to be sold and for husband and wife to get half each and has appointed a trustee to sell the house and distribute funds. Is there any way to stop the house from being sold and get it back from the trustee’s control?
00:10:37 Brandon: Q. If the bank files an affidavit with the court right on 72 hours before the hearing, how do we go about getting the last affidavit in. If we then file an affidavit rebutting their facts, say 24 or 48 hours before the proceeding, couldn’t they move the court to strike it out on the basis it was filed less than 72 hours before the hearing?
00:11:42 :Samuel: L: Q. I know was recently noticed by the ATO to disclose some crypto that this person may or may not have sold or bought a couple of years ago or else . Any suggestions on what to do here? Does the ATO have that much authority to seek this dislosure?
00:12:09 Lillypond: Hi I am wondering with a private trust with 2 bank a/cs we open, why wouldn’t the ATO see these a/cs with the banks? and then want us to have a tfn?
00:12:18 Justine Stratton: How do we transfer ownership of a property to the trust?
00:12:41 Paul: Hi mark, I had a magistrate court vacate my trial for a traffic offence, and they never confirmed it in writting to me. I found out through trying to serve them documents the day before court. No other paper or correspondence letting me know the trial had been vacated has been sent to me, i was just told on that day before trial,..no ID was ever taken from me, so would they know it was me. I received a new trial date 10 months later through the post just saying “new trial date”,.. Q. is this legal for them to do so and how would you go about bringing this up either in paperwork to them or in court at the trial? Could you explain what a vacated is and why they would do it?
00:12:45 Paul: Q. Do you always when holding your position and asking a question, have to ask three times to then have the commercial energy to answer for them or is asking once enough? Where does this technique or rule of law come from come from so i’m able to hold my position better in court?
00:12:54 Rob: Hi Mark, I’m currently going through the QLD courts for a quasi-criminal matter (failure to comply breath test & obstruct officer), I’ve attended court for 2 mentions so far, and not had much luck, however, I’m not experienced in the court system, so this is expected. I have completed the 3 step administration process, which the magistrate has denied so far, and have also served a complete affidavit of events to all ministers, chief magistrate, police prosecution, commissioner, DPP, etc, 6 weeks ago and have heard nothing.
Today I had a hearing, and beforehand was approached by the police prosecutor with a plea deal, to reduce charges, and penalties, etc. I have a clean criminal and traffic history. My question – Is a plea deal at this point in the process a common occurrence in these kind of matters, or is it likely what I have submitted so far, and/or my affidavit have them concerned or worried about proceeding to a trial hearing?
00:13:01 Paul: Q. When returning any correspondence and/or receiving it late after 72 hours,..why does apologising reset the default and could you explain why this works and where it comes from to better hold your positon in court? And can their side apologise for it being late too?
00:13:20 Paul: Q How is it when you look up Black Laws dictnary that the definition of a man goes up as a person even before the 4th and 5th edition?
00:13:47 Paul: Q. When do you think its the best time to ask the court for extra time an adjournment if you believe you haven’t given enough time for you adversaries to response to the Private Administrative Process (PAP) due to postal delays and not enough time before court to do so? And does the PAP and all of affidavit not stand as truth due to postal delays? Meaning you adversaries haven’t had the equitable 72 hour you”ve instructed them that they have to respond PAP,…as i’ve heard you say before that you’ve read a contract law book, saying its possible to only given them one day to response.
00:15:26 Claude: Q) Can you elaborate on what a proceeding would look like in the Fed Court, for example I am appealing a decision about a PN / BoE I used to discharge an ATO debt.
1. Who would normally speak first?
2. How would you get 2nd witness agreement if the Judge has not allowed cross examination?
3. Are you permitted to ask the opposition questions, if so how would you do that if cross examination is not permitted
4. If the ATO make a claim that you know they have no evidence are you able to stand up and object to it while they are speaking
00:15:58 Jennifer Zalme: Question: Hi Mark, Is it possible for me to reclaim tax paid to the ATO for money inherited via superannuation and death benefit?
00:16:25 Paul: Q. Can do you recommend any good books to read on equity and/or contract law or any other that explains a variety of what you believe to be key to winning in whatever matter issue that may arise? Or could you put them up when you hav time on the website or bring it up the subject at the next Q & A after you have time to think about it?
00:17:30 Jennifer Zalme: Ps. To earlier question: if so which module would be best for information about this please.
00:17:37 Robert: a friend was puled over for a booze bus in a car that her daughter had recienly purchassed on her behalf The police then said the car was stolen and the plates were false. She explained that her daughter had just purchassed the car but they were not very nice and are busting her for driving an unlawful car and for false number plates. Shehould she submit an affidavt to the court? can you say something about here she can handle tis please hed the car and the owner purchased the car but the police were ver the car purchased
00:17:56 Paul: Q. How and when is the best time to admit Fault within court about a traffic matter if things don’t go your way to prevent a cost custodial sentence? or do not need to do this if you have read out the non consent process and that you are not the surety for the proceding etc
00:21:05 Michael J, QLD: Q! Why do you sign “All rights Reserved”? Shouldn’t we sign “All rights Claimed”!!! Why can’t we claim our rights rather than reserved them??
00:26:12 Daisy Doone: QUESTION HI, I have been looking in to council’s code of conduct since I listened to a webinar with you, so I looking up our local council’s code of conduct, it says this towards the end of the code……. “Only members and the chief executive may make a complaint under this Code”. Can this be so? I thought they had to be fair, transparent, accountable, just, etc to we the people?
00:27:01 Brandon: Michael- “Claiming” your rights insinuates you are retrieving them from someone else. Isn’t it better to reserve your INHERENT rights (and not waive them for benefits and privileges)?
00:30:05 Michael J, QLD: Brandon – Brilliant! thanks for the ‘flipside’ view
00:31:34 Jennifer Zalme: Question: I am being pursued by Fines Victoria for a speeding fine. They are using sms text messages. I am about to go through the process to sort this out. They have sent three texts and have sent the last two less than 72 hours apart. Is this relevant? Incidentally They are addressing me in all caps 😄
00:35:17 Paul: Q. could you please explain who is it that needs to sign an affidavit, is it a Notary, JP etc when the matter is involving the private realm a man or woman to contract with the pubic realm. Can it only be a Notary and if so why is that? Is it only a solicitor or JP that can sign a affidavit if it’s public to public realm?
00:37:39 Brandon: Claude- I am currently in a court proceeding defending my PN in QLD. I am practicing round table meeting/court role play via zoom with another member. Let me know if you would like to get involved and we can help each other
00:44:01 Jeff: I have been nailed with a directors digital ID before coming in contact with you. It’s only attached to my corporate slave name in the public realm and not my real name in the private. What steps can I take now to best protect myself, and can you recommend any of your courses to help arm myself with sufficient knowledge to protect myself?
01:02:48 Claude: Brandon – I can Direct message you on the SE website
01:07:12 Paul: Q. In the statement on one of your affidavits Mark
“I, a private wo/man addressed by the name <Your Full Name>, working in the capacity <Whatever>, reserving my rights, of <Your Suburb>, <State>, say as follows”
where it says working in the capacity (whatever). What is supposed to be in the (whatever)?
01:08:56 iron curls: The Judge will not release the transcript of a court case – because plaintiff’s name was used in the defendant position. However, the lawyer said the defendant wasn’t coming after saying the defendant refused to answer mail and email. The defendant did reply because the lawyer knew the defendant wasn’t coming. It is a mess.
01:22:03 Hanadi Assoud: you spoke about speed fines what about crossing a red light?
01:22:24 Hanadi Assoud: driving through a red light
01:32:30 :Samuel: L: Q. When moving money into a bank account do you think the bank can see where the money was deposited from?
Responses