General Q&A: 16/08/2023
Question Answered During This Q&A Webinar
00:06:41 Shauno: Q. In the PN process do you send a copy of the PN and documents to Equifax regardless of whether they have you recorded as in debt or not?
Q. Do you need a notary and 3 witnesses to record the no show of the payee or can the Notary be one of the witnesses?
Q. Can you provide a snapshot of some of the ways a private foundation may interact with an unregulated trust or visa versa?
00:07:42 Shauno: Question. The depositing of the $10 settlor cheque for the non-regulated trust, what does that represent?
00:08:30 Ian: Q. Do you think I could pay a German tax bill for rental income for last year with a promissory note? I don’t live in Germany, was not born there, and no longer have property or rental income in Germany. (It’s too late to unclassify it as income, I think.)
00:10:22 Maverick: Please explain the $1.05. Does it end when you pay the $1 stamp? Does that become the sum certain.
00:10:23 Chris: Q: I have been sent a letter saying my drivers licence has been canceled for outstanding speeding fine. I have taken photos of and sent all the letters back with the relevant writing (not known at this address, Mail Fraud, no consent = no contract). The last fine 6 months ago they garnished my account for the fine within 14 days. Any ideas on preventing the garnish and having them reinstate my licence?
00:11:20 Greg D: I recieved a letter from the ato saying if i didnt pay the alledged debt that they would report me to credit reporting bureaus… has anyone got a letter like this … seems a strange tactic. I have an agreement with them through their performance of cashing my cheque
00:11:49 Maverick: Q. re the $1.05 method, when you put the address and date to meet, are they coming to pick up the $1 in cash on the day, or the full amount owed?
00:12:11 Cynthia Louise Dellit: Q: After a man reconveyes to the Land & Soil jurisdiction, can one still enter into agreements/contracts with the corporate entities, without putting oneself into joinder with them? with thanks
00:12:39 Bec & Nes: Hi Mark, Qu – legally speaking, is there any difference when using staples or paperclips on documents?
00:12:55 sean: Can I ask what are the Queensland steps to move property into trust ?
Sign over property do paper work apply to Qld Revenue Office for Stamp Duty Exemption
This is where Im seeing a problem, members of SE have discussed in the forum that QRO is refusing to move a property owned by them into a SE set up trust –
Mark Can you please provide some strategies to navigate QRO saying this is a Dutiable action and not allowing the property transfer into the trust unless stamp duty is paid?
00:13:10 TerencePeter144: QQ Review hearing in Federal Circuit court on 28th Aug. I need to file a case outline 5 days before. Based on rescission of order and their lack of jurisdiction in the matter. My basic case is i) what is their claim to jurisdiction (of a man without stating it) ii) your authority iii) your lack of authority to break a contract. Any better questions?? Strategy? Good case histories off the top of your head? What would work best? Knockout punch? Fall back position of beneficiary and executor of the legal estate and the principal Registrar is the Trustee, don’t consent?
00:13:23 Maverick: Q. Regarding Promissory Notes, when you make the day and time for them to meet you, are they coming with the promissory note to pick up the full amount of the debt? What would you do if they turn up?
00:15:38 dion: Q: Is foundation creation available again yet?
00:17:51 Cynthia Louise Dellit: Q: Can a man/woman who has Reconveyed to Land & Soil jurisdiction still own & operate one of your Trusts effectively? Thank you
00:21:05 TerencePeter144: Does Anyone know the name of the Registrar General for Qld? I have rung the dept of Justice which looks after Births, deaths. They wouldn’t give me the name. They played the vague card. Any ideas? Play hard with the Ministers office?
00:21:33 Cynthia Louise Dellit: Q: Are there any disadvantages that you know of to doing the Reconveying process that Muki was speaking about?
00:21:34 dion: Q: Might you have a list of where “equity shall prevail” exists in various countries legislation? .i.e. Germany, Switzerland, etc
00:21:48 John: Q. following Clauses question if we cannot recover court costs for self representation in court does that mean we should not state in our invoices anything about our court costs….?
00:24:35 Maverick: I’m doing a Denfence & counterclaim for council rates. When you fill out the court forms including the application for summary judgment form, do you change the plaintiff’s name to Applicant or Counter Defendant? Or what do you change us to Deponent or Respondant? Please explain these words and how we think to know when to use which one on the forms?
00:32:38 Bec & Nes: Hi Mark, I’ve received an affidavit from a Govt lawyer. He has used certificates of annexures for attachments and stapled the whole document but he has not put page numbers on the whole document nor has he marked the specific document in each annexure. QU: How do I complete my rebuttal affidavit referencing these annexures when there is no page numbers or annexure marks?
00:32:46 Maverick: Q. I did a Notice to Admit Facts. They didn’t deny the facts before the 14 days was up to the court, so I did a application for summary judgment personally filed into the magistrates court, but then after that, a few days later, I received their documents in the mail denying every fact that I had listed…all are lies and I have evidence of each in my affidavit filed. They would have filed after mine online, because I checked with the registrar before I filed the application for summary judgment. Should I bother with replying to them. I already have a date set for a hearing. Also when do I have to send them their copies of the docs I filed: Application for summary judgment and my affidavit?….so long as they receive it minimum 3 days before court date or as soon as possible? Do I have to send them a copy of the affidavit filed?
00:35:59 tiffanyrayward: What is the most effective way in your experience , for one to stop paying council rates ?
00:38:32 Maverick: Q. So you’re saying the $1.05 doesn’t act like the A4V money order, where the payment of sum certain is all that is required for full and final satisfaction? So the $1 is like a deposit or promise to pay still?
00:40:30 Chris: Q: I work for a builder that is owed $40K from a job not paid for over 2 years. He has a signed contract with the customer for interest and collection costs. I have sent him an email offering to help him through the court paper work and speak on his behalf in court can I charge for the collection costs?
00:41:02 matt Whelan: Hi everyone we have just set up a non registered trust through Mark an we would like to know how we secure or place our assets under the trust
00:52:02 Cynthia Louise Dellit: Q; what is the waiting time for your Trusts at the moment please?
01:02:26 Bernadette: Hi Mark, is it still possible and is it necessary to obtain a copy of the original Certificate of Title for my property? Thanks 🙏
01:04:42 Chris: Q: Did you pay stamp duty on your farm?
01:06:49 matt Whelan: Mark so to place my vehicles an caravan under the trust what would the procedure be
01:09:25 Maverick: Q. Would you consider having the linen paper with the right thickness and the red stamps and gold stickers for the promissory notes available for purchase through the shop? It would make it easier for us to get supplies.
01:13:11 Cynthia Louise Dellit: Q; in Qld, how complex is it to deregister your Trust after one has first registered it in order to get ones vehicles etc included. Thank you
01:13:19 Aaron Sandford: question. I got fined for driving unregistered car in NSW, but my license is WA. What’s the next step?
01:13:26 tiffanyrayward: Sorry Mark, did you say earlier that if one owns a property without mortgage in QLD , it is not a smooth process to move this property into a deregistered Trust?
01:15:04 Bec & Nes: Mark QU: Do you know if election writs need to have a seal or public functionary shield, royal seal or seal of Australia etc on them to be valid?
01:20:07 Maverick: Q. Regarding the Certificate of Protest Default Dishonour, the 2nd paragraph says “no further answer nor collection of payment requested was received, sought or required by either the…….who by their own notification on earlier delivered incomplete statement of account”. Can we say the “nor collection of payment requested was received” if they keep writing to us asking for the money after that?
01:23:22 Cynthia Louise Dellit: Q: is it safer at the moment (we are dealing with dishonourable creatures), to keep our Drivers License & rego but sign things ‘under duress’?
01:24:02 Kevin: The private (not public) mortgage lender, Firstmac have told me they won’t accept the BoE. If I go ahead and do it, and they still refuse to accept the Bill of Exchange, what would you do?
Mark, in relation to the above situation, you said that you have to hold your position if the mortgage lender holds BoE for more than 72 hours. Would you stop making any further repayments and send them a letter informing them that the loan has been repaid with the BoE that they have held for more than 72 hours. What else could you put in the letter?
01:25:42 tiffanyrayward: What is the process to reinstate my drivers licence ? Would this be step 2 after obtaining my (living) certificate of birth .Thanks Mark
01:29:49 Cynthia Louise Dellit: was it the Great Seal of the Comm Bec & Nes were referring to, & not a writ of Mandamus etc?
01:31:13 Cynthia Louise Dellit: I think they meant the Great Seal of Comm & not a writ?
01:32:52 Maverick: “Bec asked: Do you know if election writs need to have a seal or public functionary shield, royal seal or seal of Australia etc on them to be valid?”
01:33:23 Chris: Q: would it be better to ask what year was that legislation passed?
01:35:34 Cynthia Louise Dellit: Q Why does judge Anna refer to private law ,meaningpublic?
01:35:44 Maverick: Q. what does gazetting mean to do with councils?
01:36:16 Sophia: Q. can the equity in real estate be gifted/assigned into an unregistered trust
Responses