General Q&A: 17/10/2024

Question Answered During This Q&A Webinar

00:05:56 Aaron: Q: In relation to Councils and trying to get branches cut down from a tree where they pose a hazard to the public, the branches are continually falling down. The council advised they will not take action to cut the branches as it is not in accordance with their policy.

What strategy/notices would you use to compel the Council to perform?

00:06:24 Kevin: Hi Mark.

The lawyer for my Loan Manager company (Plaintiff) filed an application to set aside the Statutory Demand I served on it with him writing in his affidavit alleging that terms from the Notice of Payment and my 2 contracts for my 2 promissory notes were purported to be unilaterally inserted and vary the executed loan agreement.

Q…When using the promissory note process, would you consider that the terms and conditions included in the Notice of Payment to be part of the not negotiable Contract despite them not being included in the redraft conditions or in the Default & Liability Clause? e.g.

(a) the Plaintiff (Loan Manager company) was required to return the promissory notes within 3 days (or 72 hours) of the purported “cooling off period” pursuant to Contract1 and Contract2 (2 loan accounts) to validly reject them under the terms of the “Contracts”;

00:06:26 Kevin: (b) Failure to abide by the terms of Contract1 and Contract2 substantiated default, whereby the Plaintiff would be liable to paying four times the monetary value on the respective promissory notes.”

00:06:38 Kevin: Q…Are you aware of any evidence that confirms that the Bills of Exchange Act 1909 came from the Negotiable Instruments part of the UCC?

Q…Are you able to confirm if the UCC manual has a preamble stating that the UCC is used for trading within USA and other countries, a standardised way of doing business with local and overseas companies? I have not been able to find any preamble for it.

Q…Where could I verify that Australia is one of the many countries listed in the options when filing with the UCC?

00:09:49 telk1: Q: First in time? How do you find out if a pirate has put a ppsr against your chattle?

00:10:04 Shaun M: Q Hi Mark. can you suggest some strategies (exchanges & tactics) for trading cryptocurrencies in a completely private way. thanks🙂

00:11:00 telk1: Q: Who can sign the Hold-harmless & indemnity agreement? can family members sign?

00:11:30 Kevin: In non-criminal matters (e.g. civil), how do you introduce yourself to the Court? I recall previously you said to keep it low key.

00:12:54 telk1: Q: With the security agreement, at the bottom it says “place your seal here” under the Debtor name. What seal can be used? Thumb Print?

00:13:07 Razz: Q. Hi Mark, I am a PAYE taxpayer & I had a call allegedly from the ATO this morning. Apparently they are going to send me a letter of audit. What would be the best response to this? Also Where is it written that the payment of taxes are voluntary?Grant

00:14:30 Paul – GoldCoast: – QU 1: I want to start transferring ownership of assets and businesses into one of your private trusts. Firstly, is this known as a “Private Expressed Trust” or what is the difference? BUT, it’s complicated, there’s a testamentary trust that owns companies, shares in companies, trades as businesses etc. How would you unpick the structures? QU 2: Once that’s done, how then do the companies trade with suppliers, pay wages etc if there’s no ASIC registered entity?

00:15:13 telk1: Q: What module can I find affidavit drafts I can go off, to explain im living sentient being and leave my family along 🙂

00:16:43 telk1: Q: Does a Ucc1 knock out a pssr, even if a pirate has already put a ppsr against my chattle?

00:17:48 Paul – GoldCoast: QU: I recently filed a Claim in the Local Magistrate’s Court. It has been served by the Bailiff and now I’m waiting for the Notice of Intention to Defend to be filed. How will I know when/if that has been done? The Registrar said I need to set up an account with QCase…but I don’t have a myGov or any other GovID and don’t want one. Will I be notified of the Defendant’s intentions?

00:23:56 Nick: I asked the bank to open a bank account for the trust you helped me to set up.  And they asked for a ‘letter of resolution’ I asked them to explain and they said it is a signed letter from the owner of the trust, saying what the trust is about, what it does and what it will be used for.”  – I just want a private account free from pirates where I can put my wages in there.  How should I word this letter?

00:24:22 Nomes: Q: Hi Mark, recently bought a house in NSW and purchased in our non registered trust. Went into NSW Land Registry Office to purchase title search and was told no titles have a reference to the trust on them that they only have the purchases names as either Joint tenants or Tenants in Common. Our Conveyancer has confirmed this is the case also.  I was of the understanding that titles should have a reference to say that the property has been purchased ‘As trustees for that trust’.  What are your thoughts here?

00:27:28 Nomes: Q: Further question I was also advised by my conveyancer the following 2 options…

Stamping of your trust itself with Revenue NSW which you would need to discuss with the accountant/solicitor who drafted your trust deed

Declaration of Trust with LRS (Form 11R) which is not a requirement for settlement as you should have already established and stamped your trust by deed and the contract of sale is sufficient to confirm the correct ownership.

00:27:57 Kevin: Q…Where the Plaintiff (Loan Manager company) has filed an application to set aside a Statutory Demand where this was served on them after they failed to pay the debt that arose from them defaulting by failing to return my rejected promissory notes and contract material within 72 hours of receving it and them now being in commercial default after failing to respond to my 3 Demand Notices for Payment of Debt, what key factors would you be focussing on to have the Plaintiff’s application dismissed and also not being held liable for its legal costs? They also failed to serve their affidavit within the 21 day statutory period.

00:28:13 Aliyyaa: I have received a notice of proposed driving qualification, having been given points on my license (due to not giving them the name of driver ‘me; whilst driving 34mph in 30mph zone). The court case went ahead without my knowledge and I was fined and had points applied.  I had a Statutory Declaration signed/stamped by a solicitor, which was rejected. I requested written proof that they did not need to inform me of the hearing which they of course could not provide. The letter states to either write in explaining why the court should not disqualify me or attend court. I’ve been told prior the court case to go into the Magistrate court house and ask for Elected Officials Oath and Bond it should always be together. iI not there I can report them for impersonating a public official. .Any thoughts please?

00:31:03 Trumin: Hi Peter, I am yet to set up my private trust. Before I do I just wanted to know if  I can record land or assets from New Zealand in my Australian non registered private trust?

00:31:04 telk1: Sorry mark I did mean sign to witness the Hold-harmless agreement, didn’t make my question clear. sorry

00:31:40 dale: Q: 2q”s . Having just filed for a default judgment exparte against a council, as we registered post our original sealed defence and counterclaim to the councils office, even though that was not the address for service, we consider that the Council has been served by that mail. We also sent via registered mail the same original sealed documents to the councils solicitor which was the address for service. As the documents did not fit in the solicitors mail box, aust post left a card in their mailbox telling the solicitor to collect mail from the post office.  Our documents to the solicitor have just been returned to us as the solicitor failed to collect from the post office. 1, could the council squirm out of being served as they were not the address for service? 2, should we resend the solicitors documents as we snuck a copy of the documents in with a different address  which the solicitor received?

00:32:59 Matilda: Q. Hi Mark , what are your thoughts on the government changing Title deeds to digital so they can alleviate us of our properties if there is a pandemic, war  etc

00:33:07 Aliyyaa: Mark, I asked you this question before but keep missing the answer, apologies! The Metro bank said the Settlor needs to be present when opening the account. Am I considered the settlor, trustee and guarantor when opening the bank account. What should I say. Thanks for the trust newsletter btw very helpful.

00:35:36 Lee Smith – Verdani Capital: if we need another trust, can we just copy paste a new one, or do we need to go through you?

00:35:54 Lee Smith – Verdani Capital: As a Settlor of the trust, dont you have the power in theory?

00:36:13 telk1: Q: I haven’t organised my non registered trust with you yet, however can I put a the name of the trust I want to call it, on my ucc1 application. will be requesting a trust through you within the next couple of wks.

00:38:46 Nomes: Q: When will the last Q&A session you had be posted on your website. Just checked and still not there. Cheers

00:45:26 Paul – GoldCoast: Follow up Question, My Testamentary Trust owns 20% share of one company and 80% of another company of which I’m a Director(No Director ID ;-), so can I transfer these shares into a non-registered private trust?

00:46:34 telk1: Q: When doing a agreement with council to make regular payments for rates, and they want personal info e.g. pay slips, bank account details. can I not include most info on pay slip and not give bank account statement, (as private) but still agree to pay small amounts regularly. And when submitting info, include bill of exchange laws re: an offer made is an offer sufficient ( something like that, cant remember verbatium).

00:49:17 Nomes: Q: Further to previous….. They said they don’t even put ATF anymore just the peoples names. However they mentioned if I registered the trust with them as advised above there would be reference on the transfer papers (Like a booking number) but still not reference on the title itself. Would should I do to ensure the title is in the trust?

00:50:00 Daisy Doone: Question…. I noticed on examples of your Bill of exchange document itself, (module 4), that one example has the public-charitable cestui-que-trusts of…..name (obviously the wo/man concerned) at the top,   whereas another has just the all caps name, can one do either?  And can we help people  in trouble with these methods?

00:54:50 telk1: Q: Also, should I send all agreements made (private agreement, Hold-harmless & security & ucc1 file), to council to support my application of regular payment plan?

00:59:59 dc: I have a paid in full mortgage in qld bank, I am yet to discharge this should I Wait to sell and then move funds to a non registered trust , some suggestions please

01:01:22 Paul – GoldCoast: QU:  If we refuse a Digital ID, how will we interact with society when it switches over to Central Bank Digital Currency?

01:01:26 Nick: Q?  I owe 200k on my mortgage but want to get my house into trust to protect from pirates.  Would banks have an issue that I have a mortgage against the property.  How would I propose to the bank that I wish to put my property in trust?

01:02:17 Craig Jones: Q. hello Mark, in the BoE act, 3 witnesses can be used to witness a notice of protest in place of a public notary. Do you think 3 witnesses could replace a public notary in general (i.e. in other applications outside the BoE Act?) thanks

01:03:27 Daisy Doone: QUESTION……Where do you get the cardboard copies of the title deeds for ones property, please?

01:08:57 dc: Q: I am renewing my qld licence, sign ARR what could I say if they try to knock it back

01:09:11 GlenGS: Q BANK RELATED QUESTION – after sending the 3rd letter of the “DEFAULT – LIABILITIY CLAUSE – NOTICE” and they don’t reply or if its after the due date (WHICH MEANS THE BANK IS LIABLE) and then you just submit you request for  “summary judgement”, YOU SAID SOMETHING ABOUT that they often secretly extend/manipulate the due date so they don’t fall into default and are not liable.

Who is the culprit who would illegally change/manipulate the dates.

How do you get around this problem to force the judge to provide summary judgement since its a legal binding document

01:13:13 David: Hey dc, I just renewed my QLD licence and signed ARR. No issue, but I need to wait till my physical  licence arrives to be sure it is on there

01:13:23 Matilda: Q. Some of your modules that I’m trying to access seem to have a charge , are these not included in the annual membership ?

01:16:43 camille-ivorydeguzman: Q: What response can we expect from the ATO after using PN method to discharge a company liability?

01:17:45 Ivan McGrath: For a property held in the trustee’s name, do I use the trustee’s name as the owner on ucc1?

01:19:28 GlenGS: Q (VC before signature) I read just recently that if for example police get agressive to make you sign something (like a fine) do you MAKE SURE YOU WRITE … “VC” (Vi Coactus) before your signature

01:21:34 Daisy Doone: Yes, absolutely re the learning curve, I am watching as much as I can,  and I am trying to learn as fast as possible,I am just a bit soft when people are about to lose their properties,  it is shocking and very sad

01:23:39 Nomes: Q: Thanks Mark for all your advise so far… so if there is no requirement to have a reference in the titles office for property being held in trust then technically any other property I currently have can be moved into a trust without letting them know as they are saying that it is not necessary that they have a record of property held in trust.  Doesn’t make sense to me 🙂

01:23:44 GlenGS: @Matilda … with membership you can freely get the video which is related to that module …the charges are for the “extra information/documentation” that will be supplied with the module that you buy

01:24:04 Jane: Q. Hi Mark., if we buy a property outright with no mortgage, is there an obligation to pay council rates? In the sales contract, there is no mention of council rates or obligation to pay them.

01:32:50 Lee Smith – Verdani Capital: In the UK its now very hard to open Trust accounts. Im told you can just open a personal account in my own name and then hold a “Trust meeting” and nominate that account to be a Trust account, is that good practice to bypass a Trust Account?

01:39:54 telk1: Q: When searching on web to see if a possible trust name exists or not, how should I word it? My example would be the name family trust or the name non registered family trust?