General Q&A: 19/02/2025

Question Answered During This Q&A Webinar

00:05:10 Daisy Doone: QUESTION…Re The certificate of protest, is this only relevant when using the BOE and payments refused? But what do you send when for the 4th communication, if you had asked questions in the 3 notice PAP and they had defaulted on all 3 notices by not replying at all. Can you send them the certificate of protest/ dishonour/ default as in the form specified in the certificate of protest in the actual BOE Act? If not, what does one actually send them after they have defaulted 3 times by not replying? An Affidavit?

00:08:37 Bill k: Q: In the U.S., The county came and took my wife to the hospital in an ambulance & we have no insurance. Can I pay that bill with a PN?

00:09:26 dail bird: Q : CAN THE DRAWER OF THE BOE BE THE WITNESS OF THE NOTARY ON THE CERTIFICATE OF PROTEST?

00:14:06 Kevin: Q…Hi Mark. In a Statutory Demand matter, after serving this on a loan company, would any response from an interloping lawyer representing (or employed) by the loan company also make them liable under the Default and Liability Clause?

00:15:44 dail bird: Q; We have an 80 year old lady where the council is going to auction her property due to not paying rates. the CEO reckons he does not need a warrant to auction or court order or certified valuer to value the property. We are hitting them with a BOE on the next rates. What else would you recommend ?

00:22:32 dail bird: Having had a magistrate not allow the poor victim to be represented by a friend, how could we reply to the magistrate to allow a non bar member represent the victim.

00:24:37 Kevin: Q…After completing the 3 Notice of Demand for Payment of Debt and the interloping lawyer representing a loan company defaulted by failing to respond to my notices, what is the correct wording for their agreeemnt to any terms and conditions specified in the notices? Is it “your failure to provide us the particulars sought will create and confirm your agreement by tacit assent” or is the use of “tacit” redundant?

00:32:38 Chris Timbury: Q: I often have the clerk at the courthouse ask me to put the paper work on the bench and then she will turn through the pages as it sits on the bench. What is the best way to hand it to them? If they ask me to put it on the bench can I leave and bring it back later or even try a different courthouse?

00:33:33 Chris Timbury: Q: Does an appeal set aside the court judgment?

00:34:13 Michael Burt: Q: Hey Mark… where can I find an example of a fee schedule? Is there one on the s.e. website?

00:43:20 Kevin: Q…Mark, did you mean the interloping lawyer representing a loan company would be jointly and severally liable for the default amount owing if the following clause was included in the Notice and Demand: “Within the universal maxim of law ‘notice to agent is notice to principal and notice to principal is notice to agent’. All addressed parties Jointly and Severally as well as their Successors, Nominees and assigns”?

00:52:53 Bill k: Q: In the U.S. , do I need to present the PN for payment using a notary?

01:04:28 Kevin: Q…In the following statement included in a demand notice for payment of debt, “your failure to provide us the particulars sought will create and confirm your agreement by tacit assent”, is the use of the word ‘tacit’ redundant or required?

01:05:11 Chris Timbury: Q: I cant find any legislation on “Refusal of payment’ Is there any on the site?

01:08:01 Kevin: Q…Mark, would a interloping lawyer representing a loan company be jointly and severally liable for the default amount (or debt) owing if they weren’t included in the Default and Liability Clause but you included the following clause in the Notice and Demand: “Within the universal maxim of law ‘notice to agent is notice to principal and notice to principal is notice to agent’. All addressed parties Jointly and Severally as well as their Successors, Nominees and assigns”?

01:12:59 pjaish: I have just joined, ato. emailed them, recommendation? start again with your system??

01:13:01 Peter Hipe: Why was Winston thrown in gaol in the USA?

01:14:32 Reagan Kloepfer: Q. Hi Mark, We have been challenging the council about paying rates. A debt collector contacted us, we send a letter back that we had no contract with them. Then we noticed that our bank account was garnished for the council rates. What would you do from here to reclaim our money?

01:15:44 Ross Goulter: Q. If land was originally in fee simple is there a process to get it out of Torrens title and back to fee simple.(Queensland)

01:20:38 Kevin: Q…If you haven’t done the digital ID notices and govcorp made it compulsory to get one to continue receiving Centrelink payments, what would you do to continue to receive fortnightly payments if they threatened to withhold them?

01:21:31 Steve Portelli: just wanted to ask about Foundation vs Private Trust and would you just choose one or can you run both?

01:22:53 Kevin: If you were receiving fortnightly Centrelink payments, can you think of a way of not having to declare any overseas spousal income?