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CrownTonyMite

Member
March 13, 2024 at 11:31 am in reply to: RE: Broker that might be able to trace the disposition of securities?

***** Essentially;

Seeking to locate to trace the “disposition of our securities” (such as those traded on Bonds Market by Courts/ Administrative Tribunals – perhaps to use as a gauged to quantify our final ‘Quantum-Merit’ figure) RE: Settlement and Closure of our Case/Matter?
CrownTonyMite

Member
February 27, 2024 at 1:19 pm in reply to: RE: Broker that might be able to trace the disposition of securities?
By the way; VCAT seem to have folded and asked us to tell them what we want so they can write it in an Order (sounds like they’ve moved it into Chancery and negotiating this one privately);

. . . . . . . . . . . . (we have been Respondent/ Counterclaimant – We’ve never been the appellant – this is at VCAT stage where the overseeing VCAT member has finally folded and asked us to specify what it is we want) . . . . . .

* in an appeal… we would usually have a one page cover letter covering what the issue is and what you are also g the court to do as remedy.

All the details is then included on an affidavit with references to all your echo it’s in support of the affidavit.

Your package supplied all you particulars but now they need to know what you are asking the court for as remedy.

1. Financial losses plus interest

2. Personal losses

3. Stress and duress.

4. Costs

. . . although . . . There seems to be lots of dodgy cross-vested conflicts of interests going on in the background RE: disposition of securities (i/p) etc.

VCAT have dragged this out for almost 4 years – way above their capacity and now seem to have exposed themselves

Why would the court care if it dragged out?

Obviously in their favour, they have just asked us to point out in one or two liner of what it is we would like and they would write it out as an order, need to carefully craft something … Perhaps in the form of an nda there seems to be a lot of collusion going around for example he has a separate vcat case where a lawyer very formally employed lost a case with him for our refund with even the figures did not add up in terms of his deposits and reimbursements

* * . . . . . . . Any chance anyone would have reference to a broker that might be able to trace the disposition of securities?
- This reply was modified 1 year, 3 months ago by CrownTonyMite.
CrownTonyMite

Member
February 27, 2024 at 1:14 pm in reply to: A corporation shall not take a step in a proceeding save by a solicitor Rul1.17

By the way; VCAT seem to have folded and asked us to tell them what we want so they can write it in an Order (sounds like they’ve moved it into Chancery and negotiating this one privately);

. . . . . . . . . . . . (we have been Respondent/ Counterclaimant – We’ve never been the appellant – this is at VCAT stage where the overseeing VCAT member has finally folded and asked us to specify what it is we want) . . . . . . 

* in an appeal… we would usually have a one page cover letter covering what the issue is and what you are also g the court to do as remedy.

All the details is then included on an affidavit with references to all your echo it’s in support of the affidavit.

Your package supplied all you particulars but now they need to know what you are asking the court for as remedy.

1. Financial losses plus interest

2. Personal losses

3. Stress and duress.

4. Costs

. . . although . . . There seems to be lots of dodgy cross-vested conflicts of interests going on in the background RE: disposition of securities (i/p) etc.

VCAT have dragged this out for almost 4 years – way above their capacity and now seem to have exposed themselves

Why would the court care if it dragged out?

Obviously in their favour, they have just asked us to point out in one or two liner of what it is we would like and they would write it out as an order, need to carefully craft something … Perhaps in the form of an nda there seems to be a lot of collusion going around for example he has a separate vcat case where a lawyer very formally employed lost a case with him for our refund with even the figures did not add up in terms of his deposits and reimbursements

* * * * * . . . . . . . Any chance anyone would have reference to a broker that might be able to trace the disposition of securities?
CrownTonyMite

Member
July 25, 2023 at 11:04 am in reply to: Got job (Casual Contract) – But they want our fingerprints

Just got he following from MEAA Union Representative RE: Employment Finger-Print Scan: Phone Call Debrief
Inbox

Sukhmeet Grewal
10:28 AM (23 minutes ago)
to me

Hi Tony,

I hope this email finds you well !

Sending this email to debrief our phone call from earlier today.

As discussed, it’s clear that MCEC won’t be willing to accommodate your request of not using the Finger Print Scanner, regardless of the multitude of reasons that have been provided to them.

Further, from the Union’s perspective, we can continue to help out by attending any meetings between yourself and MCEC/MCET, or reaching out to MCEC/MCET Management Reps.

Thanks,

Sukhmeet Singh Grewal (he/him)

Organiser

ECS

On Mon, Jul 24, 2023 at 12:00 PM No-Name No-Person <tonymite@gmail.com> wrote:

RE: employer has deficiently caused default by silent acquiescence after being given 14 days (First Notice) to reply to and answer our Notice of Conditional Acceptance – Can I automatically file Affidavit of Default Judgement after my ‘first’ (and final notice) – and; in the interim file for Default Judgement at County/Supreme Court for Default Judgement ?

Dear Crown/s;

my employer has deficiently caused default by silent acquiescence after being given 14 days (First Notice) to reply to and answer our Notice of Conditional Acceptance -


The refusal, failure or neglect to reply to and answer our Notice is tantamount to their agreement to our notice and that if they themselves elected not to reply to our Notice, they themselves have accepted and agreed to the various stipulations made within our Notice, and; that only a reply that meets the following criteria qualifies as a proper and verified reply in that; 

It must be supported by an affidavit with full legible name, title and wet ink signature and address for service, sign and sworn or affirmed by any claimant as being true, correct, complete, certain and not intended to mislead and under the claimants full commercial liability and penalty for perjury and must answer each of the points indicated; therefore;

Q) Can I now send them an Affidavit of Default Judgement after my ‘first’ (and final notice) or is it procedural to execute three (3) Notices (First Notice Conditional Acceptance and two (2) following letters of of default – BEFORE – sending through the Affidavit of Default Judgement to the employer -

and;


Can I in the interim file for Default Judgement at County/Supreme Court for Default Judgement (either proceeding with Application for a New complaint – OR – Requisitioning an Order be carried out Ex-Parte)?

and;

I have the same scenario with the retirement village where my relative is at RE: Notice of conditional acceptance and
liability for “Covid 19” testing, wearing a mask, vaccinations and travelling freely (?) – as they are STILL compelling me to RAT – Test and wear Face Mask (even with medical exemption);


Your valuable and timely attention in overseeing my query is sought and sincerely appreciated;

Thanking you kindly in anticipation of your prompt attention and assistance in this matter -

: Crown.

Without Dishonour -Vexation or Frivolity –

Without prejudice – All Superior – indomitable-unalienable rights, dominion, powers, privileges,

indemnities and immunities, whether actual, contingent,inherent or prospective: retained – Non assumpsit –

Pursuant to the Crown Proceedings Act 1988 s (4) -U.C.c §1-308 and the Privacy Act 1988
CrownTonyMite

Member
June 4, 2023 at 2:01 pm in reply to: Got job (Casual Contract) – But they want our fingerprints

Greetings Folks;

I received the following;

RE: Finger scan info: Hi Tony,

Thank you for your reply.

You started with us on 13/02/2023. Please see attached the email we received from you with the signed contract, which included the details of fingerprint scanning. These had not been crossed out.

You attended a shift on 22/02/2023 for your induction.

Since then, you have not provided us with your availability for more shifts. You have also requested an exemption from finger scanning, based on your religious beliefs.

MCEC has requested you for information outlining the basis of this exemption, in order to make a determination.

We have communicated with you that the finger scanning process is the standard way in which we register attendance, and we are confident that it meets our policies on managing private information. We have also communicated that, once we have the information outlining the basis of the religious exemption, we are happy to accommodate the request to use a non-standard process for registering your attendance. We have also accepted that you want this process resolved, and hence have not terminated your employment under clause 22.8 in the MCET EBA, detailing 8-week availability.

You have sent us documents in response to this request via multiple channels.

Whilst we appreciate you sending through the documents you have; it is still unclear about the religious exemption you are seeking to not use the finger scanner at MCEC as none of the documents provided contain the requested information that can assist us in assessing the religious exemption.

In the interest of clarity, to review your religious exemption, we have requested the following information:

What is the religion you subscribe to? ( from looking at the document and google searches, it seems to be Christianity, is that right?)

What aspect of the religion (e.g., religious text, teachings, religious practices etc.) prevent you from using the finger scanner to scan into work. If there is a reference or a link, please include the reference or link. (just as an example, if you were to refer to a passage in the Quaran regarding not eating Pork, you can note the passage from the text.)

Despite the multiple follow-ups, we do not have this information since it was requested in April.

Therefore, we are directing you to make yourself available to be rostered for shifts, and to clock in and out using the finger scanner.

If you are unwilling to offer your availability, and clock your time using the finger scanner, we will be unable to roster you shifts, and your employment may be terminated as per clause 22.8 in the MCET EBA, detailing 8-week availability, should you meet the clause requirements.

I want to note that MCEC is open to considering the religious exemption at any time if you provide the relevant information.

Kind regards,

M

From: No-Name No-Person <tonymite@gmail.com>

Sent: Wednesday, May 31, 2023 2:46 PM

To: M

Subject: Fwd: Finger scan info

RE: Our Ref/Proof of Acceptance: MECC120523-01/RPP44 637000 51001 32190 36601/RPP44 63700 51001 41565 94605/RR160532239AU/RR160271290AU

Hi M

in relation to your email;

From: M Cu <mc@mcec.com.au>

Date: Mon, May 22, 2023 at 3:06 PM

Subject: RE: Finger scan info

To: No-Name No-Person <tonymite@gmail.com>

The Incumbent Office Held of Accountable Authority at Melbourne Convention and Exhibition Trust (MCEC) still have not answered the questions in our Notice and as we have stated in our Notice that; ‘

Th refusal, failure or neglect to reply to and answer our Notice is tantamount to their agreement to our notice and that if they themselves elected not to reply to our Notice, they themselves have accepted and agreed to the various stipulations made within our Notice, and; that only a reply that meets the following criteria qualifies as a proper and verified reply in that;

It must be supported by an affidavit with full legible name, title and wet ink signature and address for service, sign and sworn or affirmed by any claimant as being true, correct, complete, certain and not intended to mislead and under the claimants full commercial liability and penalty for perjury and must answer each of the points indicated; therefore;

and;

in relation to the following

For your reference; please find attached in this email;

As Good As Aval

Document List

1. Exhibit “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability”

Proof of Acceptance: RPP44 637000 51001 32190 36601/RPP44 63700 51001 41565 94605/RR160532239AU/RR160271290AU; –

2. MCEC_EBA_New_Starters_Paperwork_Tony_Mitevski

3. INDEMNITY-ASSURANCE-POLICY (Melbourne Convention and Exhibition Trust)

4. “P.P.TM-01”, being a true and correct copy of the Certificate of Mailing and being a true and correct copy of proof of delivery of

registered post mail envelope of “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of

Liability”

5. Notice of Ministries, International Diplomatic and Ecclesiastical Protections and Immunities (Summer Healing PCA PMA)

And please Note that via;

INDEMNITY-ASSURANCE-POLICY (MECE) IAP-MECE-11-05-2023 – that;

The Incumbent/s in Office at the Melbourne Convention and Exhibition Trust are herein indemnified of any liability for conformation

of the honourable discharge of their obligation/s to the estate of Tony MITEVSKI and its undersigned Authorised Representative; and;

Tony MITEVSK and this indemnity assurance policy and any other relevant derivative account/s are surrendered as surety for the indemnity of the Incumbent/s in Office at the Melbourne Convention and

Exhibition Trust in confirmation of the honourable discharge of their obligation/s to the estate of Tony MITEVSKI, and its undersigned Authorised Representative; and;

Again – that we are willing to accommodate for an alternative such as (but not limited to); the current “TSD Digital sign-in” which is already in place if that can at all be arranged – otherwise please refer to our formal response (attached);

If you have any further queries; we are happy to assist –

We hereby humbly thank you in advance for your prompt reply addressing this matter; and;

we respectfully await your proper and verified reply;

Kindest Regards;

Care of;

:Crown-Tony[Mitevski].

MCEC ID: 5676

Kindest Regards;

AndonisKruna, [2/06/2023 1:15 PM]

Finger scan info

No-Name No-Person <tonymite@gmail.com> Wed, May 31, 2023 at 2:51 PM

To: m

Bcc: S

. . .

: Addendum:

Once noticed Elvis wearing a Star of David (the symbol of Judaism) and a Christian cross necklace, asking if that was “kind of a contradiction.” Elvis, who was always reading about multiple spiritual beliefs, answered, “I don’t want to miss heaven on a technicality.”

https://medium.com/narrative/the-faith-of-elvis-he-became-the-kings-kid-brother-2c00d1f396c3

. . .

‘M’ missed quoting the above

: Addendum:
CrownTonyMite

Member
May 24, 2023 at 5:05 pm in reply to: Got job (Casual Contract) – But they want our fingerprints

After sending the following;

RE: Our Ref/Proof of Acceptance: MECC120523-01/RPP44 637000 51001 32190 36601/RPP44 63700 51001 41565 94605/RR160532239AU/RR160271290AU

Hi L’;

thank you again for your thoughtful email response and acknowledging you have received my Notice of Conditional

Acceptance and for your continual efforts to bring resolution to this matter;

just to clarify, break and rebut any presumptions that we choose not to use the finger scanner as per the policy and; will be assumed we are not making ourselves available, with premise we ‘may’ be terminated – however;

The Incumbent Office Held of Accountable Authority at Melbourne Convention and Exhibition Trust (MCEC) still have not answered the questions in our Notice and as we have stated in our Notice that; ‘

Th refusal, failure or neglect to reply to and answer our Notice is tantamount to their agreement to our notice and that if they themselves elected not to reply to our Notice, they themselves have accepted and agreed to the various stipulations made within our Notice, and; that only a reply that meets the following criteria qualifies as a proper and verified reply in that;

It must be supported by an affidavit with full legible name, title and wet ink signature and address for service, sign and sworn or affirmed by any claimant as being true, correct, complete, certain and not intended to mislead and under the claimants full commercial liability and penalty for perjury and must answer each of the points indicated; therefore;

For your reference; please find attached in this email;

As Good As Aval

Document List

1. Exhibit “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability”

Proof of Acceptance: RPP44 637000 51001 32190 36601/RPP44 63700 51001 41565 94605/RR160532239AU/RR160271290AU; –

2. MCEC_EBA_New_Starters_Paperwork_Tony_Mitevski

3. INDEMNITY-ASSURANCE-POLICY (Melbourne Convention and Exhibition Trust)

4. “P.P.TM-01”, being a true and correct copy of the Certificate of Mailing and being a true and correct copy of proof of delivery of

registered post mail envelope of “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of

Liability”

And please Note that via;

INDEMNITY-ASSURANCE-POLICY (MECE) IAP-MECE-11-05-2023 – that;

The Incumbent/s in Office at the Melbourne Convention and Exhibition Trust are herein indemnified of any liability for conformation

of the honourable discharge of their obligation/s to the estate of Tony MITEVSKI and its undersigned Authorised Representative; and;

Tony MITEVSK and this indemnity assurance policy and any other relevant derivative account/s are surrendered as surety for the indemnity of the Incumbent/s in Office at the Melbourne Convention and

Exhibition Trust in confirmation of the honourable discharge of their obligation/s to the estate of Tony MITEVSKI, and its undersigned Authorised Representative; and;

Again – that we are willing to accommodate for an alternative such as (but not limited to); the current “TSD Digital sign-in” which is already in place if that can at all be arranged – otherwise please refer to our formal response (attached);

If you have any further queries; we are happy to assist –

We hereby humbly thank you in advance for your prompt reply addressing this matter; and;

we respectfully await your proper and verified reply;

Kindest Regards;

Care of;

:Crown-Tony[Mite’].

MCEC ID: XXXX
CrownTonyMite

Member
May 24, 2023 at 2:11 pm in reply to: Got job (Casual Contract) – But they want our fingerprints

once noticed Elvis wearing a Star of David (the symbol of Judaism) and a Christian cross necklace, asking if that was “kind of a contradiction.” Elvis, who was always reading about multiple spiritual beliefs, answered, “I don’t want to miss heaven on a technicality.”

https://medium.com/narrative/the-faith-of-elvis-he-became-the-kings-kid-brother-2c00d1f396c3
CrownTonyMite

Member
May 24, 2023 at 2:05 pm in reply to: Got job (Casual Contract) – But they want our fingerprints

After our Response (as follows): RE: Our Ref/Proof of Acceptance: MECC120523-01/RPP44 637000 51001 32190 36601/RPP44 63700 51001 41565 94605/RR160532239AU/RR160271290AU

Hi L’y;

thank you again for your thoughtful email response and acknowledging you have received my Notice of Conditional

Acceptance and for your continual efforts to bring resolution to this matter;

just to clarify, break and rebut any presumptions that we choose not to use the finger scanner as per the policy and; will be assumed we are not making ourselves available, with premise we ‘may’ be terminated – however;

The Incumbent Office Held of Accountable Authority at Melbourne Convention and Exhibition Trust (MCEC) still have not answered the questions in our Notice and as we have stated in our Notice that; ‘

Th refusal, failure or neglect to reply to and answer our Notice is tantamount to their agreement to our notice and that if they themselves elected not to reply to our Notice, they themselves have accepted and agreed to the various stipulations made within our Notice, and; that only a reply that meets the following criteria qualifies as a proper and verified reply in that;

It must be supported by an affidavit with full legible name, title and wet ink signature and address for service, sign and sworn or affirmed by any claimant as being true, correct, complete, certain and not intended to mislead and under the claimants full commercial liability and penalty for perjury and must answer each of the points indicated; therefore;

For your reference; please find attached in this email;

As Good As Aval

Document List

1. Exhibit “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability”

Proof of Acceptance: RPP44 637000 51001 32190 36601/RPP44 63700 51001 41565 94605/RR160532239AU/RR160271290AU; –

2. MCEC_EBA_New_Starters_Paperwork_Tony_Mitevski

3. INDEMNITY-ASSURANCE-POLICY (Melbourne Convention and Exhibition Trust)

4. “P.P.TM-01”, being a true and correct copy of the Certificate of Mailing and being a true and correct copy of proof of delivery of

registered post mail envelope of “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of

Liability”

And please Note that via;

INDEMNITY-ASSURANCE-POLICY (MECE) IAP-MECE-11-05-2023 – that;


The Incumbent/s in Office at the Melbourne Convention and Exhibition Trust are herein indemnified of any liability for conformation

of the honourable discharge of their obligation/s to the estate of Tony MITEVSKI and its undersigned Authorised Representative; and;

Tony MITEVSK and this indemnity assurance policy and any other relevant derivative account/s are surrendered as surety for the indemnity of the Incumbent/s in Office at the Melbourne Convention and

Exhibition Trust in confirmation of the honourable discharge of their obligation/s to the estate of Tony MITEVSKI, and its undersigned Authorised Representative; and;

Again – that we are willing to accommodate for an alternative such as (but not limited to); the current “TSD Digital sign-in” which is already in place if that can at all be arranged – otherwise please refer to our formal response (attached);

If you have any further queries; we are happy to assist –


We hereby humbly thank you in advance for your prompt reply addressing this matter; and; 

we respectfully await your proper and verified reply;



Kindest Regards;

Care of;

:Crown-Tony[Mite’].

MCEC ID: XXXX



Kindest Regards;

. . .

Subject:

RE: Finger scan info (Just got a job – But they want our fingerprints -)

Hi T,

I hope you’re well.

Locky has passed on this email, thank you for sending this through. I am looping in Sukhmeet as well, for convenience.

My understanding from Locky is that you are claiming religious exemption from finger scanning. The document you shared was not clear on the basis of the religious exemption and spoke to our privacy policy.

For clarity, could you please respond to the below 2 questions, preferably by email, by end of this week.

What is the religion you subscribe to? ( from looking at the document and google searches, it seems to be Christianity, is that right?)

What aspect of the religion (e.g., religious text, teachings, religious practices etc.) prevent you from using the finger scanner to scan into work. If there is a reference or a link, please include the reference or link. (e.g., if you were to refer to a passage in the Quaran regarding not eating Pork, you can note the passage i.e., Quaran 2:173.)

For clarity and shared understanding, we are confident that the fingerscanning process meets all Australian legislation and our policies with regards to privacy and use of your information. We are also confident that the original contract signed by you had the terms of fingerscanning spelled out, and not crossed out by you.

If you have any questions or concerns, please don’t hesitate to reach out.

Thanks,

M.
CrownTonyMite

Member
May 10, 2023 at 1:25 am in reply to: Got job (Casual Contract) – But they want our fingerprints

Hi T,

To support your request for an alternative scanning in process, can you please provide supporting documentation on why you are unable to use the finger scan machines?
Can you send these through within the next 5 business days, and the sooner the better so we can sort this out?

Thank you

. . .

Hi T,

Here is a copy of MCEC’s Privacy Statement. I hope this addresses any concerns you may have around using the finger scanners.

Cheers

. . .

Hi T,

Thanks for your email.

The MCEC Privacy Statement addresses the concerns raised in your previous email and explains how your information is used.

We are happy to provide you a further 3 business days to read the Privacy Statement and raise any further questions you may have.

After those 3 business days, it is expected, as per the contract you have signed, that you will follow the process to clock your time at MCEC.

If you choose not to use the finger scanner as per the policy, it will be assumed you are not making yourself available, and you may be terminated if that time exceeds 8 weeks, as per clause 22 in the MCET Agreement 2022.

Thanks,

. . .

Thanks L;

Not exactly sure of what exactly to do with the attached ‘MCEC Privacy Statement’ – as we have addressed all of matters pertainant in our ‘Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability’

Re: Biometric finger scan time capturing –

Our Ref: MECC280423-01

Please let us know how we can further assist?

Kindest Regards;

Care of;

:Crown-T.

MCEC ID: 5676
CrownTonyMite

Member
May 10, 2023 at 1:24 am in reply to: Got job (Casual Contract) – But they want our fingerprints
Notice-of-Conditional-Acceptance-Notice-and-Demand-for-Further-and-Better-Particulars-and-Notice-of-Liability-MCEC-John-DOE.docx 38 KB Word Document - Click to view

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Copy Download Link
CrownTonyMite

Member
May 10, 2023 at 12:54 am in reply to: Got job (Casual Contract) – But they want our fingerprints

Hi L;

thanks for your response and conditionally accept your efforts to bring resolution;

We will get something to you – hopefully in the next couple days;

Conditional Acceptance is in accordance with U.C.c §1-308, PPSA and the Privacy Act 1988 (in particular; 6.88 (onwards); ‘Sensitive information’ i.e.: racial/ethnic origin; religious beliefs/affiliations; philosophical beliefs; membership to our professional-trade association/trade union and biometric information – as defined in the Privacy Act 1988);

and;

Within and under the International Protections and Immunities of the By-laws and policy of our Private-Membership within our Religious Organisation and Trade Union (Private Members Association – PMA); indicate by- way-of Crown-Prerogative; For the Avoidance of Trespass on ‘Private’ Property controlled and owned by Crown in right; and for the Avoidance of Breach of 100% Security Interest in (Public) Trust and Copyright of Crown in right – 

Two hundred and thirty million Australian dollars (AU$230,000,000.00) on wind up payable on demand into account owned by the Crown a body corporate under Diplomatic Privileges and Immunities Act 1968 or Diplomatic Privileges (UPU) Order 1959 or Diplomatic Privileges (Common Fund for Commodities) Order 1983 -

and;

for any “Adverse Action”, intentionally or unintentionally, committed against Crown in right
(Crown Proceedings Act S4; National Provident Fund Restructuring Act 1990; Crown Debts (Priorities) Act 1981)

Note:

“Law of Nations – Chapter III: of the Constitution of a State, and the Duties and Rights of the Nation in this respect.

#30. Of the support of the constitution and obedience to the laws.

The constitution and laws of a state are the basis of the public tranquillity, the firmest support of political authority, and a security for the liberty of the citizens. But this constitution is a vain phantom, and the best laws are useless, if they be not religiously observed: the nation ought then to watch very attentively, in order to render them equally respected by those who govern, and by the people destined to obey. To attack the constitution of a state, and to violate its laws, is a capital crime against society; and if those guilty of it are invested with authority. They add to this crime a perfidious abuse of the power with which they are intrusted. The nation ought constantly to repress them with its utmost vigour and vigilance, as the importance of the case requires. It is very uncommon to see the laws and constitution of a state openly and boldly opposed: it is against silent and gradual attacks that a nation ought to be particularly on its guard.” -

It would be considered a breach of international law to coerce one state to join or observe another state (‘foreign state interference’) – Whereby; “No state shall pass any law that impairs the obligation of contract (Social compact agreement)”;

and;

We are happy to accommodate for an alternative such as (but not limited to); the current ‘QR’ back-up system which is already in place if that can at all be arranged – otherwise please refer to our formal response which is in the pipeline but if this current response suffices to have something arranged and put in place; please let us know and we will forfeit any formalities should they become redundant;

If you have any further queries; we are happy to assist –

Kindest Regards;

Care of;

:Crown-T.

MCEC ID: 5676

. . .

Hi L;

thanks for your response and conditionally accept your efforts to bring resolution;

We will get something to you – hopefully in the next couple days;

Conditional Acceptance is in accordance with U.C.c §1-308, PPSA and the Privacy Act 1988 (in particular; 6.88 (onwards); ‘Sensitive information’ i.e.: racial/ethnic origin; religious beliefs/affiliations; philosophical beliefs; membership to our professional-trade association/trade union and biometric information – as defined in the Privacy Act 1988);

and;

Within and under the International Protections and Immunities of the By-laws and policy of our Private-Membership within our Religious Organisation and Trade Union (Private Members Association – PMA); indicate by- way-of Crown-Prerogative; For the Avoidance of Trespass on ‘Private’ Property controlled and owned by Crown in right; and for the Avoidance of Breach of 100% Security Interest in (Public) Trust and Copyright of Crown in right – 

Two hundred and thirty million Australian dollars (AU$230,000,000.00) on wind up payable on demand into account owned by the Crown a body corporate under Diplomatic Privileges and Immunities Act 1968 or Diplomatic Privileges (UPU) Order 1959 or Diplomatic Privileges (Common Fund for Commodities) Order 1983 -

and;

for any “Adverse Action”, intentionally or unintentionally, committed against Crown in right
(Crown Proceedings Act S4; National Provident Fund Restructuring Act 1990; Crown Debts (Priorities) Act 1981)

Note:

“Law of Nations – Chapter III: of the Constitution of a State, and the Duties and Rights of the Nation in this respect.

#30. Of the support of the constitution and obedience to the laws.

The constitution and laws of a state are the basis of the public tranquillity, the firmest support of political authority, and a security for the liberty of the citizens. But this constitution is a vain phantom, and the best laws are useless, if they be not religiously observed: the nation ought then to watch very attentively, in order to render them equally respected by those who govern, and by the people destined to obey. To attack the constitution of a state, and to violate its laws, is a capital crime against society; and if those guilty of it are invested with authority. They add to this crime a perfidious abuse of the power with which they are intrusted. The nation ought constantly to repress them with its utmost vigour and vigilance, as the importance of the case requires. It is very uncommon to see the laws and constitution of a state openly and boldly opposed: it is against silent and gradual attacks that a nation ought to be particularly on its guard.” -

It would be considered a breach of international law to coerce one state to join or observe another state (‘foreign state interference’) – Whereby; “No state shall pass any law that impairs the obligation of contract (Social compact agreement)”;

and;

We are happy to accommodate for an alternative such as (but not limited to); the current ‘QR’ back-up system which is already in place if that can at all be arranged – otherwise please refer to our formal response which is in the pipeline but if this current response suffices to have something arranged and put in place; please let us know and we will forfeit any formalities should they become redundant;

If you have any further queries; we are happy to assist –

Kindest Regards;

Care of;

:Crown-T.

MCEC ID: 5676
CrownTonyMite

Member
May 10, 2023 at 12:53 am in reply to: Got job (Casual Contract) – But they want our fingerprints
Hi Crown;

I just got a job – But they want our fingerprints;

”Re: Records of Attendance
A condition of employment is the recording of your work attendance by finger scan time capturing units.

By accepting and commencing employment with MCET, you provide your consent to the collection, use and storage of this personal and biometric health information by MCET as required. In general, MCET will not store images of fingerprints.

These units use radio frequency technology in conjunction with a pattern recognition algorithm to produce a numerical template for the basis of authentication for time capturing.”

I didn’t cross out/edit or negotiate that part of but signed Crown – All rights Reserved;

I need to notice them now of Conditional Acceptance (at $230m part-thereof under PPSR Lien/Copyright Act) and Religious/PMA/Trade-Union By-Law conflicts & breaches (I guess);

They mights just say no thank you your employment contract is Terminated (as it is a Casual position);

What would be the best angle with least friction/controversy?

Regards;

Private-Member;
:Tony[Mite’].

. . .

“Hi T,

To support your request for an alternative scanning in process, can you please provide supporting documentation on why you are unable to use the finger scan machines?
Can you send these through within the next 5 business days, and the sooner the better so we can sort this out?”

Thank you
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CrownTonyMite

Member
April 24, 2023 at 9:49 pm in reply to: RE: Court Hearing Notice for an Infringement Offence (s.40 Infringement Act. 200

Yes I applied the above process and the ‘matter’ had been ‘finalized’ before any of the ‘matters’ were to be ‘heard’ in the public;

I have since got onto even more efficient process (indemnification of the courts via a ‘Bond-Order/Performance-Bond’
CrownTonyMite

Member
February 23, 2023 at 11:46 am in reply to: Got job (Casual Contract) – But they want our fingerprints

As Quoted;

“…you provide your consent…”

BY stating You that is not YOU!!! (i.e. i/we/us/our/ Principal-Executor; Crown in right;

INCOME TAX ASSESSMENT ACT 1997 – SECT 4.5Meaning of you

If a provision of this Act uses the expression you , it applies to entities generally, unless its application is expressly limited.

Note 1: The expression you is not used in provisions that apply only to entities that are not individuals.

Note 2: For circumstances in which the identity of an entity that is a managed investment scheme for the purposes of the Corporations Act 2001 is not affected by changes to the scheme, see Subdivision 960-E of the Income Tax (Transitional Provisions) Act 1997 .

http://classic.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s4.5.html

Religious Grounds sets them on the back-foot more so than Commercial Liens and Fee Schedules as far as I can tell;

I’ll try and word up the Conditional Acceptance in Ecclesiastical form to sound ‘Religious’

They also do have a ‘QR’ Back-Up process in case of fingerprint failure which I am happy to acquiesce to and they do have Photo-ID as well; (including a copy of our Drivers License);

Regards;

Private-Member;

:Tony[Mite’].

All Superior Rights Retained –
CrownTonyMite

Member
January 30, 2023 at 3:44 pm in reply to: RE: Notice-Conditional-Acceptance-Moreland-Council VALUATION AND RATE NOTICE
Copy of:

Recoveries Reconstruction; Moreland LETTER-OF-DEMAND (attached):
Recoveries-Reconstruction-Moreland-LETTER-OF-DEMAND.pdf 283 KB PDF - Click to view

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CrownTonyMite

Member
January 23, 2023 at 11:38 pm in reply to: NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE (Default Judgment ‘Ready’)?
To Re-Cap;

just determining whether at this stage (as per the attached PDF) the process followed (at the time) suffices with the 3 x step Commercial Process; as per the final notice dated Wednesday, the 01st of June, 2022 “NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE” (comprehensive of; Affidavit of Service and THIRD PARTY DECLARATION FOR VERIFICATION AND PROOF OF SERVICE) now suffices to be eligible for a;

‘DEFAULT-JUDGEMENT’/ NOTICE OF MOTION DEFAULT JUDGMENT FOR LIQUIDATED CLAIM; Whether any of the following (in any combination) are required?;

CREDITOR’S STATUTORY DEMAND FOR PAYMENT OF DEBT Affidavit accompanying statutory demand DEFAULT AND LIABILITY CLAUSE & NOTICE

Before we can proceed with a Commercial Lein/Caveat – and what would be the criteria to do so?

Would we ‘still’ – yet be required to complete an additional three(3) step Notice/s of Default – plus – an Affidavit (such as Form 7 Affidavit accompanying statutory demand or perhaps a DEFAULT-JUDGMENT Statement of Claim) to accompany or follow up from the “NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE” ( which is already clearly indicating that there have been at least three(3) Notice-of-Demand Letters for payment of outstanding invoices – irrespective of the previously supplied and attached Affidavit of Service and THIRD PARTY DECLARATION FOR VERIFICATION AND PROOF OF SERVICE as an ancillary document – therefore ratifying the three(3) step process and Motioning it into the realm of a ‘DEFAULT-JUDGEMENT’ (by ‘default’) or does there yet-still need to be an Application for such a Default Judgment to be called by the County/Federal Circuit Court/s (in Victoria)?

i.e,: Do I gotta do the entire 3 x step process again – then follow up with with an Affidavit and statement of Claim (Default Judgment) and put a Commercial Lien on the property of the dishonorable client or do I merely just follow up with the Affidavit/DEFAULT-JUDGMENT Statement of Claim or am I good to go straight into the Commercial Lein process?

Regards;

By:Crown in right of Tony MITEVSKI©

All rights, dominion, powers, privileges,

indemnities and immunities, whether actual,

contingent, inherent or prospective: Reserved
- This reply was modified 2 years, 4 months ago by CrownTonyMite.
- This reply was modified 2 years, 4 months ago by CrownTonyMite.
CrownTonyMite

Member
December 13, 2022 at 12:44 am in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off
(Lengthy (overkill??); Notice Cond Acc Moreland Meri-bek City Council (Crownin right of T”y M”E (sanitised))

Perhaps I’ll remove any Endorsed discharge/Conditional Acceptance of Payment Plans subject to providing ;”Further and Better Particulars and Show Cause;
- This reply was modified 2 years, 6 months ago by CrownTonyMite.
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CrownTonyMite

Member
December 6, 2022 at 9:46 am in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off
Greetings Crown;

(if you have the patience) just a quick proof that we’ve got the correct papertrail as we address: VALUATION AND RATE NOTICE from Moreland City Council (Now Meri-bek City Council) and whether or not we would be required to Rescind and Surrender any current presumed con-tracts with Moreland City Council (Now Meri-bek City Council) or in that fact;

‘The Australian Government’, also known as the ‘Commonwealth Government’, a foreign privately owned American company, file number: 333-163307 CIK: 0000805157;

(removing substance ‘gold and silver coins’ replaced with a global ‘private’ Fiat Currency System of Plunder, by this, indenturing everyone with a Birth Certificate on the land called ‘Terra Australis’ a land mass commonly known and called ‘Australia’ being the continent of ‘Terra Australis’ due to the unlawful global bankruptcies of all sovereign countries circa 1933, by this, usurping all de-jure governments of this world and turning them into privately owned hostile corporations/franchise’s making it that; a ‘member’ or ‘citizen’ be of a BAR Association (PMA), of foreign city-states, corporate, private or political entities (as a company with a president, for mutually considered private-members of that association having the rights and protections afforded to them as a peaceful assembly and are well known between members), within the exclusive economic zone of Australia, external territory, foreign government, Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, political subdivision(s), body politic(s) foreign or domestic); and -

Moreso;

Whether we would also require to enter into a Treaty with the People and Members of; The Land of the Wurundjeri People (Comprehensive of the Wurundjeri Council) – or (alternatively)?

Can we continue on with a ‘Conditional Acceptance’ of a (Conditional) ‘Payment-Plan’ provided upon first obtaining Moreland City Council (Now Meri-bek City Council)s’ presented sworn or affirmed proof of claim/evidence sustaining or attesting to their line of authority and perhaps – simultaneously offering to set-off/discharge any liability via either;


whereby Crown in right assumes all creditor rights (CRDGSA 2009) and;

Crown – holder in due course, forgives the debtor’s liabilities/debt because of the natural love and affection Crown has for the debtor and is treated as having discharged liabilities/paid the debt on the date on which the creditor forgives it thus forthrightly requisitions by Crown-Prerogative-Direction that any liability be settled and discharged as ALL-DEBTS-ARE-DUE-TO-THE-CROWN-creditor (ITA 2007; EW44, CD(P)A 1981) or alternatively;

https://legislation.govt.nz/act/public/2007/0097/latest/DLM1515339.html?search=sw_096be8ed81c92211_love_25_se&p=1&sr=2


http://classic.austlii.edu.au/au/legis/cth/consol_act/cda1981256/s3.html

https://www.legislation.gov.au/Details/C2006C00538

via;

Bills of Exchange Act 1909 (Money Order/Promissory Note/Billof Exchange)

https://www.legislation.gov.au/Details/C2012C00128


Your valuable and timely attention is sought and sincerely appreciated;

Thanking you kindly in anticipation of your consideration -

Pax Tecum;

Principal – Crown in right – Settlor

Administrator-Executor of:

Tony MITE’ Estate/Unit TRUST (a Body Corporate)

Without Vexation or Frivolity -Without prejudice -

All Superior-indomitable-unalienable rights retained -

Non assumpsit -

* * *

———- Forwarded message ———
From: :No-Name :No-Person <tonyhouseofmite@gmail.com>
Date: Tue, Dec 6, 2022 at 12:02 AM
Subject: VALUATION AND RATE NOTICE For the period 1 July 2022 to 30 June 2023; ASSESMENT NUMBER: 1XXXXXX8; DATE OF ISSUE: 26.07.2022; Property Address; 1OX-1OX Lxxxx Road, FXXXXR; Victoria state; Property Description CT8XXX/3XX, CT-8XXX/3XX Lot 3 LP5XXXX, Lot 4 LP5XXXX
To: <reception@wurundjeri.com.au>, <media@wurundjeri.com.au>, <heritagebookings@wurundjeri.com.au>, <rapofficer@wurundjeri.com.au>, <research@wurundjeri.com.au>, <genealogy@wurundjeri.com.au>, <narrap.admin@wurundjeri.com.au>, <events@wurundjeri.com.au>, <EarlyEducation@wurundjeri.com.au>, <education@wurundjeri.com.au>, <culturalconsultations@wurundjeri.com.au>

Principal – Crown in right



Private-Member, Private-Person

Agent-Authorised Representative, acting for its Beneficiary through:

Tony MITE;© Estate/Unit TRUST (Ens-Legis/Body Corporate)

(“I”, “me”, “my”, “myself”, ”we”, ”us”, “our”)

Jointly and Severally Care of:

V. MITE’© Estate/Unit TRUST (Ens-Legis/Body Corporate)

M. MITE’I© Estate/Unit TRUST (Ens-Legis/Body Corporate)

P.O. Box [437] Fxxxxxx

Melbourne

Victoria state



To all Presiding Wurundjeri People and Members of;
Accountable Authority (in each and all capacities)
Jointly and Severally Care of;
The Land of the Wurundjeri People (Comprehensive of the Wurundjeri Council)
(Collectively “you”, “your”, “yourselves” and “Respondents”)


Tuesday the 5th of December, 2022


RE: VALUATION AND RATE NOTICE For the period 1 July 2022 to 30 June 2023; ASSESMENT NUMBER: 1XXXXXX; DATE OF ISSUE: 26.07.2022; Property Address; 1XX-1XX Lxxxx Road, FXXXXXR; Victoria state, Property Description CT8XXX/3XX; CT-8XXX/3XX Lot 3 LP5XXXX, Lot 4 LP 5XXXX

Dear People and Members of Accountable Authority (in each and all capacities), Jointly and Severally Care of;
The Land of the Wurundjeri People (Comprehensive of the Wurundjeri Council);

We Jointly and Severally hereby wish to meet all obligations and liabilities in ALL matters pertaining to: VALUATION AND RATE NOTICE For the period 1 July 2022 to 30 June 2023; ASSESMENT NUMBER: 1XXXXXX; DATE OF ISSUE: 26.07.2022; Property Address; 1XX-1XX Lxxxx Road, FXXXXXR; Victoria state, Property Description CT8XXX/3XX; CT-8XXX/3XX Lot 3 LP5XXXX, Lot 4 LP 5XXXX (attached); in ALL matters pertaining to the above in order to oversee the full discharge and settlement and closure of all financial obligations for the above disclosed statement of account in good faith in full and final satisfaction of any liability; upon obtaining your presented or affirmed attestment -

Regarding the property owned by the Crown;

Advanced Property Law, Section 3.3.2 – The nature of an estate;

In the Court of Exchequer-Walsinghams Case (1573) 2 PL 547, 555; 75 ER 805, 816:

Under the feudal system a subject or citizen cannot own land, as radical title to that land is vested in the Crown; If the Crown grants land to a citizen, but cannot grant ownership of that land, which is retained by the Crown, what may it grant? The answer is provided by the doctrine of an ‘estate’, which really has to be considered separately from the land itself on a Crown grant of land, the Crown may not grant ownership of the land, but rather ownership of an estate in that land, one should conceive of an imaginary ‘object’ or ‘thing’ hovering above the land. This is what is owned by the citizen, not the land itself certainly, ownership of an estate gives certain rights to possession of that land, but this is very different from saying that it also confers ownership of that land. An estate is essentially the right to possession for a period of time. The land itself may be fixed and permanent, but the estates in it really represent the time a citizen may have a right to possession of that land -

Constitution Act 1902 – SECT 4, Application of Act –

For the purposes of this Act, the boundaries of New South Wales shall comprise all that portion of Australia lying between the one hundred and twenty-ninth and one hundred and fifty-fourth degrees of east longitude, reckoning from the meridian of Greenwich and northward of the fortieth degree of south latitude, including all the islands adjacent in the Pacific Ocean within the latitude aforesaid, and also including Lord Howe Island, save and except the territories comprised within the boundaries of South Australia, Victoria, and Queensland, as at present established -

Australia, in reference to a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but may not include any other external Territory (tribal mainland)

http://www5.austlii.edu.au/au/legis/cth/consol_act/aia1901230/s2b.html

The Foreign Acquisitions and Takeovers Act 1975 – Terms & definitions;

“Australia”, when used in a geographical sense, includes the external Territories;

”foreign government” means an entity (within the ordinary meaning of the term) that is:

(a) a body politic of a foreign country; or

(b) a body politic of part of a foreign country; or

(c) a part of a body politic mentioned in paragraph (a) or (b);

”offshore area” means:

(a) the exclusive economic zone of Australia; or

(b) the continental shelf of Australia.

”relevant Australian assets” means:

(a) Australian land, including legal and equitable interests (within the ordinary meaning of the term) in such land; or

(b) Securities in an Australian entity;

”Separate government entity” means an individual, corporation or corporation sole that:

(a) is an agency or instrumentality of a foreign country or a part of a foreign country; and

(b) is not part of the body politic of a foreign country or of a part of a foreign country.

”Entity” means a corporation or a unit trust;

“acquisition of property” has the same meaning as in paragraph 51(xxxi) of the Constitution;

(a) a foreign person;

”Australian entity” means an Australian corporation or an Australian unit trust;

”Australian subsidiary” of a foreign entity means an Australian entity that is a subsidiary of the foreign entity.

Registrar must keep Register

The Registrar must keep a Register of Foreign Ownership of Australian Assets (the Register ); “asset” includes an interest in an asset;

Meaning of interest in a security

(1) A person holds or acquires an interest in a security if he or she has any legal or equitable interest in that security

PERSONAL PROPERTY SECURITIES ACT 2009 – SECT 7 Application in the external Territories

Extension to Norfolk Island

(1) This Act extends to Norfolk Island;

(2) A reference in this Act to “Australia” includes a reference to Norfolk Island.

Extension to other external Territories

(3) This Act extends to such other external Territories (if any) as are prescribed by the regulations for the purposes of this section.

(4) Without limiting subsection (3), if an external Territory is prescribed for the purposes of this section, regulations prescribing the external Territory may provide that:

(a) only some of the provisions of this Act apply in the external Territory; and

(b) provisions that apply in the external Territory only apply in specified circumstances;

(5) If:

(a) an external Territory is prescribed by the regulations for the purposes of this section; and

(b) in a provision of this Act that applies (either generally or in particular circumstances) in the external Territory there is a reference to “Australia” or a reference to a term the definition of which includes a reference to “Australia”; then, unless the contrary intention appears, the reference to “Australia” in that provision as so applying, or in that definition as applying for the purposes of that provision as so applying, includes a reference to that external Territory.

Acts Interpretation Act 1901 definition of Australia(6) To avoid doubt, this section applies despite paragraph 17(a) of the Acts Interpretation Act 1901 (definition of Australia );

PERSONAL PROPERTY SECURITIES ACT 2009 – SECT 249 Non-referring State operation – interests

General rule

(1) This Act operates in a non-referring State in relation to a security interest, or another interest, in personal property, if the interest includes an interest in any of the following:

(a) a constitutional corporation;

(b) money borrowed on the public credit of the Commonwealth;

(c) an ADI account, other than an ADI account relating to State banking;

(d) an ADI account that relates to State banking extending beyond the limits of the State concerned;

(e) a policy of insurance, other than State insurance;

(f) a policy of State insurance extending beyond the limits of the State concerned;

(g) a bill of exchange or a promissory note;

(h) a copyright, a patent of an invention or design, or a trade mark;

(i) a facility that provides postal, telegraphic, telephonic or other like services;

(j) a fishery in Australian waters beyond territorial limits;

(k) a lighthouse, lightship, beacon or buoy;

Constitutional interests exclusively – severable operation

(2) Without limiting subsection (1), this Act also has the effect it would have if this Act operated in a non-referring State in relation to a security interest, or another interest, in personal property, to the extent only that the interest were in any of the things mentioned in that subsection;

http://classic.austlii.edu.au/au/legis/cth/consol_act/ppsa2009356/s20.html

COPYRIGHT ACT 1968 – SECT 8A

Prerogative rights of the Crown in the nature of copyright (1) Subject to subsection (2), this Act may not affect any prerogative right or privilege of the Crown.

(2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person may not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the license of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown , the person would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the license of the owner.

(3) Nothing in subsection (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work;

Crown AKA Traditional Owner-ship of an EstatNo appointment has been granted to any foreign state or State, government agents or trustees of that state or State to manage the Crown land property “by title in a NAME”; held in allodium vested in the Crown or mark for trade” allegedly an estate held in fee simple – The estate is usually referred to as a person, citizen, tenant or an inhabitant under administration by a foreign State or state or territory outside of the continental mainland usually confused with a Crown birth domiciled in a foreign company – A Crown entity foreign to the economic trade zone of any body politic, shall not be confused as an asset on a public register or person inside the area of any state or State or territory, district, municipality, shire or any other body corporate nor be a secured interest as particulars of information relating to an estate created as an event for resettlement aka birth certificate being an imaginary person, object or title as it is intellectual property wholly owned by the traditional owner aka Crown, assuming creditors rights controlling the patent, grant or endowments in the name of the estate or nativity birth and creation of title (native title) -

Crown may appoint an Agent –

Your valuable and timely attention and professional services in overseeing the settlement of the balance of this account is sought and sincerely appreciated;

Thanking you kindly in anticipation of your prompt attention and assistance in this matter -

Our very best regards and blessings;

Verily;

Principal – Crown in right – Settlor

Administrator-Executor of:

Tony MITE’ Estate/Unit TRUST (a Body Corporate)

Without Vexation or Frivolity -Without prejudice -

All Superior-indomitable-unalienable rights retained -

Non assumpsit -
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CrownTonyMite

Member
December 28, 2022 at 3:58 pm in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off

It’s an adaptation of methods from this site; instead of depending on BOE Act 1909; we’re relying on;

Income Tax Act 2007

EW44 Consideration when debt forgiven for natural love and affection

When this section applies: first case

(1)

This section applies when—

(a)

a person is a debtor; and

(b)

the creditor is a natural person; and

(c)

the creditor forgives the debtor’s debt because of the natural love and affection the creditor has for the debtor.

When this section applies: second case

(2)

This section also applies when—

(a)

a trust is a debtor; and

(b)

the trust was established mainly to benefit 1 or both of the following:

(i)

a natural person for whom the creditor has natural love and affection:

(ii)

an organisation or a trust whose income is exempt under section CW 41 (Charities: non-business income) or CW 42 (Charities: business income); and

(c)

the creditor is a natural person; and

(d)

the creditor forgives the debtor’s debt.

Two points about subsections (1) and (2)

(3)

For the purposes of subsections (1) and (2),—

(a)

the debtor’s debt includes an amount accrued and unpaid at the time of the forgiveness; and

(b)

the means by which the debt is forgiven, whether in a will or otherwise, is immaterial.

Consideration

(4)

The debtor is treated as having paid the debt on the date on which the creditor forgives it.

Defined in this Act: amount, consideration, income, pay

Compare: 2004 No 35 s EW 46

https://legislation.govt.nz/act/public/2007/0097/latest/DLM1515339.html?search=sw_096be8ed81c92211_love_25_se&p=1&sr=2
CrownTonyMite

Member
December 28, 2022 at 2:40 pm in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off
Hi Private-Members;

I just received the following from Momentum Energy (attached) suggesting; there a is no basis in law whether under the Contracts, in legislation or the general law, for this assertion. Consequently, MTV continues to be party to the Contracts and liable for all amounts owed under the Contracts …
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CrownTonyMite

Member
November 24, 2022 at 11:59 am in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off
In this case (see attached); I’m particularly relying upon the following clauses for discharge;

Quote:

“Please find enclosed Endorsed Statement-of-Account instrument delivered in good faith in full and final satisfaction of any liability to Hydro Tasmania & Momentum Energy whereby Crown in right assumes all creditor rights (CRDGSA 2009) and;

http://classic.austlii.edu.au/au/legis/cth/consol_act/cda1981256/index.html#s3

http://classic.austlii.edu.au/au/legis/cth/consol_act/cda1981256/s3.html

Crown – holder in due course, forgives the debtor’s liabilities/debt because of the natural love and affection Crown has for the debtor and is treated as having discharged liabilities/paid the debt on the date on which the creditor forgives it thus forthrightly requisitions by Crown-Prerogative-Direction that any liability be settled and discharged as ALL-DEBTS-ARE-DUE-TO-THE-CROWN-creditor (ITA 2007; EW44, CD(P)A 1981) and;”

https://legislation.govt.nz/act/public/2007/0097/latest/DLM1515339.html?search=sw_096be8ed81c92211_love_25_se&p=1&sr=2

[Can anyone recall what (CRDGSA 2009) is an abbreviation for?]

If this is met with resistance after 3 step process and holding my ground; I may have to resort to measures in Bill of Exchange Act (BOE) i.e. Money Order, Promissory Note, Bill of Exchange;

Pax Tecum;

Principal – Crown in right – Settlor

Administrator-Executor of:

Tony MITE’ Estate/[Unit]TRUST (a Body Corporate)

Without Vexation or Frivolity -Without prejudice –

All Superior-indomitable-unalienable rights retained –

Non assumpsit –
- This reply was modified 2 years, 6 months ago by CrownTonyMite.
CrownTonyMite

Member
November 24, 2022 at 11:58 am in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off

Hey tashi;

I have not yet attempted Credit-Card Discharge (waiting for that Golden Moment !!)
CrownTonyMite

Member
November 22, 2022 at 10:11 pm in reply to: RE: Discharge of Liabilities/ Debt via A4V/Set-Off

It’s all part of the learning curve for the long-term for greater leverage as a Secured Party Creditor – in Legislation ‘Crown in right (assumes Creditor position) also known as ‘The Responsible Person’.

Once we can handle these smaller matters; we can move onto greater matters – thanks for your input 🙂