[brandon]

if they have taken payment, my understanding of contract law I was taught at uni was that a contract has been created. This also applies to retail sales contract which is formed when you pay for your milk, the store makes an offer by quoting a price, you accept that offer (meeting of minds) and when you hand over the cash the contract is ‘settled’ as the store accepts ‘consideration’ for the milk. Offer, acceptance, consideration. It’s why old lease contracts often had a ‘peppercorn’ rent because contract has to hold 3 principles.

I recently had this with a private parking fine and I tried to make a counter offer to their demand, they sent back the cheque saying as they don’t accept the offer they cannot accept the proposed payment ‘without prejudice’; which is effectively ‘all rights reserved’ because without prej is used to reserve all rights…

[brandon]

There was a webinar on this today…check and see when it goes up because Mark did address these types of things in it.

[brandon]

Taking that further, what happens if I as trustee changed countries? Is the trust still locked to the country it was setup in?

[brandon]

I am

[brandon]

I’ve just gone hunting and I can’t find it…I found the notice of the zoom, but there’s nothing there, or anywhere! Perhaps contact admin and ask if it exits and just was missed being posted .. July 3rd was the date.

[brandon]

quiet where I am … I’ve lost count how many people I know who are leaving tho.

[brandon]

actually it was a loss…i was hoping they would have cashed the cheque sent with my counter offer thereby securing acceptance of it. They didn’t cash it, they sent it back refusing my offer.

[brandon]

Q:

Re Foreign Beneficiary.

1) Does the term ‘foreign’ equate to current citizenship/naturalisation or to residency? Would an an australian born human be classed as ‘foreign’ if they are residing outside Australia but still an australian national?

2) In the sense of Foreign, I then move to the concept I’ve seen discussed regarding that only citizens are public, therefore if one is in the private that must mean you are not a citizen and therefore are ‘foreign’ even if you lived in Sydney all your life!

Would you mind clarifying? I’m finding it hard when people say be public or private but then the private trust can’t have a foreign beneficiary (whatever foreign means!) and is therefore bridging both private and public concepts because to judge is someone is foreign equates to defining ones citizenship. unless I’ve grossly mis-inner-stood!

Thanks you!

[brandon]

yes