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do you have evidence of the falsehood? A He said, they said situation might cause who ever is hearing the matter to err on the side of caution and grant the order…

In Victoria, I think this is probably the form completed? Declaration of Truth: https://www.mcv.vic.gov.au/sites/default/files/2020-03/Declaration%20of%20Truth.pdf

I don’t know where you are so just throwing that one out there.

As to a private prosecution I don’t have any examples of a PP to go on. I’d ask in the next Q&A. It could be put in to action after the hearing.. which is where the act would most likely be confirmed. Although if the document is whats used it says falsely making that document is an offence under the FVPA 2008

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You could serve papers on the day if the case has been lodged. The DPP will review the case and have the power to take it over. If they do they will often withdraw it.

If there is a FVIO in place, the subject of it, might not be able to file private prosecutions but that is probably dependant on the scope of the FVIO.

As per MJ. good question for the Q&A. It is possible to monetise a crime, so you are not looking for a criminal conviction but a claim of the monetary penalty of such e.g. perjury + liquidated damages.. which I think is 3x the financial penalty.

For commonwealth look at the Statutory Declarations Act 1959

Victoria: Crimes Act 1958 S. 314 (2)

Other state acts are available….

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have the ATO contact her by Mail? Then time can be given to considering what they sent and what the reply should be.

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It might depend on how you stand.

If the strawman (legal person) doesn’t participate then consent is assumed. Perhaps the strawman (legal person) has a personal representative. A PP. OR you give notice of a limited appearance.

Often times you just want to get rid of the problem and if it’s an easy problem to get rid of e.g. there is no evidence, such as they are relying on mobile speed cameras, then do it as the person just to get it over with and move on.

What ever is most expedient.

You might want to view some material by BillTurner7554 on YT or MatrixDecoded on bitchute.

Things I would want to focus on.. why BT7554 says you don’t want to go to court. What the legal definition of the word “appearance” is.. as per BT7554. Start with his videos posted in the year 2023. There are only 6 or so. Maybe skip over the banking one and come back to it if curious.

Is it lawful to be the person? MatrixDecoded – The Identity Trap. or Is it illegal to use the legal name?

Court is also about participating in a trust from which $$ are trying to be extracted. Who gets the $$/benefit and who gets the $$/Bill depends on what role you take. The roles appear to be up for grabs.

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The correct process is an annulment. Then if granted the case starts over.

If you do not attend court, the prosecutor takes on both roles in court. 1st they stand on the left of the court and state the prosecutions cause. Then in your absence they go and stand on the right of the court and address the court in your name conceding your guilt and requesting a judgement.

This is why, if they go through with the hearing you need to be there.

Your paper work is nothing if not presented to court… as it is evidence but only evidence if entered into court.

In some cases the matter will be withdrawn before the hearing, other times not. Many times the first thing that happens in court is either prosecutor withdraws or the Judge/Maji comes up with a technical reason why they are dismissing the matter. .. if the paper work they suddenly see looks troublesome…

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Thank you

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you could probably call them and ask them.

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@saul-james I was wondering if you wouldn’t mind clarifying what your JP’d declaration is please?

Is it the document in the pack with the word “Asserveration” at the top of it that then goes on to say All credits held in name <Persons Name> at the ATO are result of productivity of my labour… etc?

Thank you.

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I wonder if the STC is receiving any secret commissions?

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Do you have your land title?

Is it a title “In Fee Simple” all 3 words required.

have you read the land tax assessment act. I think it is the 1976 WA Act. I may come back and correct that if I learn otherwise.

Read section 35 regarding appeals.

Issues relating to land can be dangerous ground as the Government will go after the land with great enthusiasm. Read Section 45. Read Section 50 & 51.

I find it interesting that land owners are obliged to furnish the State Tax Commissioner with an annual return on the 30th of June each year for the purposes of obtaining a tax assessment and failure to do so enables the STC to make their own assessment and possibly apply penalties for the failure to furnish a return.

I wonder how many land owners furnish the STC with a return? I wonder if penalties are applied?

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I forgot to mention. Go to the website for the court in your state that will handle the Default judgement. it will be Magistrates Court or County Court given the amount involved.

Download their default judgement paperwork. Read that and make sure you cover any other requirements they have listed as well. Best to make sure you have everything covered than discover something that has been missed when you go to file your D.J. application.

Their paperwork will probably include a Stat Dec requirement as per Bricky’s post.

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The ATO can sometimes be understanding, especially if there is a paperwork snafu that’s not your fault. just be straight with them and explain the situation. Maybe write down the sequence and the dates so it’s clear in your head and easy to grasp for someone who is not familiar with the situation.

If you have a tax agent they can probably get you on the extended return list. April the following year before you have to lodge your returns.. of course the down side is you have to pay the agent to file your return. Not sure if it can be retroactive.. i.e. added to that list after the regular return return deadline has passed.

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Just another note…. failure to reply is when they don’t reply at all OR they send you something but do not respond to all your claims/points or ignore your points or claims. This is Non Response and you would simply state they failed to reply or respond.

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reputational damage.

it is worth doing a 3 letter process to cut down on time wasted. Time is ticking and if you do not get your self into a position of a secured party creditor you will miss out.

Keep a record of each letter. Ask 2 friends (of good standing) to witness the letter.

Put the word Notice in bold at the centre top of the text. Before “Dear So and So”

You would write a letter outlining the claim you have and why, which is this letter you have posted above.

Perhaps include that all responses to be in writing. If they call and try and argue or brush you off further .. tell them all responses in writing.

Send by registered mail with delivery confirmation. Get a tracking number.

When they do not respond, Send a second letter, you appear to have failed to answer my previous letter. Notice of Non Response. Give them an opportunity to respond and resolve the matter.. by giving you your refund. Include copies of previous letter and supporting Docs.

Have it witnessed by 2 good people. Send by registered mail with delivery confirmation. Get a tracking number.

When they fail a second time… send 3rd Letter Notice of Default. You have failed to remedy the situation or you have failed to respond. Give some days.. 14 or 28 you decide. Include copies of previous letter and supporting Docs.

Get it witnessed by 2 good people.

Send by registered mail with delivery confirmation. Get a tracking number.

Then take copies of all your letters and your delivery confirmations to the Magistrates court and fill out an Application for Default Judgement. Pay the fee and get the Magistrate/Judge to give you a default judgement. You shouldn’t need to go into court but the Magistrate/Judge might call a hearing.. up to them.

Take that Judgement to the Sheriff and get them to collect on the Judgement. They will charge but you add that to the claim as costs.

Also…..

When you make copies of documents, take the original and the copy to the post office and get the Manager to certify your copies. They will compare them, stamp the copy and sign it and charge you $2.50 per page. You can give the certified copy to the Magistrate/Judge with your App for Default Judgement.

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yes you do not have to give a TFN. If you do not, 50% of all interest will be given directly to the ATO and is not recoverable. The remainder of interest will be charged tax at the Personal Income Rate.

If you can get a non interest bearing account then it doesn’t matter. This what I did initially, however the bank I used closed all non interest bearing acc’s and I had to open another acc. Obviously they pay a pittance in interest anyway so it’s here nor there. Just means doing time wasting calculations on tax returns.

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It would be great to sit down with Rom and conduct a structured interview following a series of questions so the responses are organised.

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it stopped 1 week after I posted this.

• This reply was modified 1 year, 12 months ago by  G Forrest.

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I’m getting SPAM from other places now. Its clear my email has been released from this site. Could the owner please stop giving out our email addresses. There is no permission for this. Please stop it.

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I have heard and confident that I have read this somewhere….. that a Justice of the Peace or perhaps 2 x Justices (justii?) have the equivalent authority as a Magistrate or Judge. In other words, it is possible to achieve a Judgement such as a Default Judgement with the signature(s) of Justice(s) of the Peace.

I’ve been looking for a usable reference for this and wondered is anyone had one they could point me to please?

Is there limitations on what type of matter this applies to?

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what about unsolicited services under the consumer protection act?

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I do pay my fuel. I claim the maximum without a log book. Now that fuel is expensive I’ll be running a log book for 1 qtr to see which is the higher claim. I claim for home office, part power etc. Everything possible. I look at what people are claiming and what is left over and wondering how that can be possible. I must be setup wrong is all I can think.

This new posting editor is not very good. Very slow and many times I’m typing and nothing is showing up..

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I had a quick question about foundations. Did you need 2 people to set them up? Or is 1 person sufficient?

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ok thank you. I was curious how someone can come up with ~75% of income as legitimate expenses to get under the tax free threshold. My personal expenses don’t get me beyond even 10%. But I’m in a company which expenses before distributions. Then I’m taxed on that…..

this new posting editor is terrible.

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Could you please explain what other work related expenses are? do you need/have documents for those?

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@damianx303 What are you being taxed on?

Vacant Residential Land?

Sounds like it’s a rental or business if it’s got an income? Rural?

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I was wondering what the context or question was that resulted in the anwer in that PDF? Was it related directly to a question about setting up a trust bank account or something entirely different?