General Q&A: 24/01/2024

Question Answered During This Q&A Webinar

00:06:33 Brandon: Q. When completing a statement of account under the authority of the rules of equity, is there a particular principle or doctrine of equity that we rely on for that? I’m just trying to make the link so I know how to articulate it in court or round table meeting.

00:06:37 Brandon: Q. I have heard that you know of a guy that can help you invest. Are you able to share his details?

00:07:24 Brandon: Q. If our PN or money order is securitized and sold to an overseas fund manager, where does our Birth cert, tax file number and CQV trust come into the equation? Thank you very much for being here to teach us!

00:08:56 Michael Dominic: When is it suitable to claim damages when engaging with the public systems – past or present? Thanks Mark.

00:13:24 Claude: Can you make comment on this : When I showed the ATO lawyer today the 6 Federal laws that support PN and BOE as Australian currency and money, he said you cannot apply a definition from one act to another act unless there is a provision that says you can. So he said “The fact that there is an Australian currency definition in the banking act is not authority for that being definition that applies in a different act”

00:14:19 Claude: Please make comment on this when I had a discussion with the ATO lawyer today – When I pressed him to provide evidence to his claim he said “These are matters of legal submission, I don’t need to prove them, because to prove them I would need to give you legal advice. “…Then he stated Regarding the Banking Act 1959 –sect 39 that defines Aus currency – includes PN’s BOE’s etc he said “That means that where the words Australian currency are used in the Banking Act , this is what they mean. So you cannot comply with the definition, you have to find a provision that uses that definition in that act. So this is NOT a binding provision, this is an interpretative provision , this defines something, it doesn’t operate in its own sense.

00:21:48 Claude: Q) Can you make comment on this – When I stated to the ATO lawyer regarding the ATO Statement of Account bears the ATO’s signature pursuant to S97(2) and that is an Offer – He said that it is Not an Offer and “ HE said that if you are saying that any document that bears a signature , and anyone who receives that document is entitled to mark it up with legal obligations and then send it back to the other person,…then good luck with that. ”

00:21:56 Michael Dominic: What are these Trade Properties? I’ve heard you talk about so much. 00:22:13 Michael Dominic: Or Trade Accounts… can’t remember the name.

00:24:03 Brian: Q. When we buy multiple trusts from you, does it have to be of the same people or can we pool a few people together to take advantage of the bulk discount you offer? In the consultation meeting with you or the trust lawyer, do we all attend the same session?

00:26:33 secc1: Hi Mark, this question relates to your course on ATO tax minimisation. (1) My question is in the Affidavit, you refer to John Henry Smith as the name. My question is my ATO account is in the name John Smith only. I do have a middle name. So when I fill in the affidavit do I use John Henry Smith or John Henry? (2) Question two, you also mention that affidavit should be signed by a Notary not a JP. If this is the case, does the Notary only witness or apply their seal? Thanks.

00:28:14 Robert: I think the probate court may take the probate to a contested Will as my sister through a Lawyer has stated I do not consent to revokation of the grant of probate issued to her based on a wil that was revoked the statement my sister put in her Affidavit that she did not follow proceedures and supply my a copy before the directions hearing. What are my options if they try to take it to a contested hearing? in mothers final Will.

00:29:55 Robert: I denyed the Statement she had put in the affidavit as you said I should

00:34:11 Brian: Q. Do capital gains from listed stocks qualify as being our productivity of labour because I researched the companies before buying and selling? Or is it part of their system so we have to report it as supplemental income?

00:45:20 Claude: Q) Please make comment on this – When I asked this ATO lawyer today whether any Federal Laws are permitted to be in conflict between one another and within one another he said “Yes , there is a system for dealing with that and notably where Federal Laws are in conflict , the more specific law prevails, so where a law is of general application to entirety of society , is in conflict with a law that is more specific to a particular type of transaction, then the more specific law will prevail. “ When I asked him for evidence of that he said that “it is a general law and part of the common law that has been built up by judges over a very long time, so it is not a statutory law. It is a principle of common law which is binding .

00:57:13 Robert: Q, I have done everything you said in answering my question above incl Consultant Geriatician declaring mother of sound mind just before she wrote her Final Will. Is it possible to stop in becoming a contested Will and if so how can I do that?

00:59:29 Claude: Q) Where is the Bankers acceptance that states that “A payment refused discharges a liability” – Do you have the document for that.

01:03:58 John: Q: The ATO Lawyer meeting today re PN and BOE the lawyer stated that you cannot apply a definition from one Act to another Act unless there is a provision that says you can….Saying so the fact that there is an Australian Currency definition in the Banking Act is not authority for that being the definition that applies in a different act….

01:14:00 John: Q: The ATO lawyer stated that there is No Bill Of Exchange because you can only fill in a document if it is an incoate instrument? What are your thought?

01:21:21 John: Q: Is that a Maxium of Law: A payment refused discharges the liability?

01:23:04 Jennifer Zalme: Q) How do I obtain possession of the title of my late mother’s home if they refuse to apply for probate? I am the executor of her will.

01:27:32 Jennifer Zalme: ps. They have refused to release her original will.

01:30:29 Jennifer Zalme: I have only an unsigned copy.

01:31:03 John: Q: The ATO lawyer stated that the commissioner will not accept cash no different to not accepting PN, But I said to them I can pay my Tax liability with Aust reserve currency notes (cash) at the Aust Post .. Lawyer said it is the Post Office who is accepting it and the transferring electronic money to the commissioner of taxation ..it is not the commissioner who is accepting the cash. .. the cash will never go to the commissioner…. What are your thoughts?

01:32:01 Jennifer Zalme: They have refused to finish the probate process because she was not able to pay her account to them