[Tinsel777Member@tinsel777Join Date: 2008Post Count: 23]

September 4, 2012 - 4:33 am

I have read the beginning of this post & I wanted to ask Josh why he was targeting areas where it is proposed for Coal Seam Gas Mining?

Has anyone on this thread even bothered to do any due diligence as to the detrimental effects of this process, not only to the environment (it poisons our very precious deep water table) but it is devastating lives in health issues (especially in children) also the poor farmers who have had their land stolen by these crooked corporations, aided & abetted by an equally corrupt government!!

Anyone with even a slight conscience should do their own research into this travesty that has been allowed into our country. A good place to start are these links:

http://www.sbs.com.au/news/article/1642781/QA-Health-and-environmental-impacts-of-CSG (also take a good look at the comments at the end of this article).

http://www.smh.com.au/opinion/the-question/is-coal-seam–gas-worth–the-risk-20110819-1j20j.html

http://www.huffingtonpost.com/2012/08/29/us-poverty-environment-health_n_1836599.html (CSGM has been used in the USA much longer than in Australia, where devastating health conditions are now emerging (including birth defects & cancers) as well as water contamination.

http://www.catholicreligiousaustralia.org/index.php/109-justice-network/378-coal-seam-gas-mining-and-the-human-and-environmental-impacts

http://www.abc.net.au/local/stories/2012/07/06/3540381.htm

We should be boycotting areas where these mines are being set up & the corporations who are responsible.

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March 2, 2012 - 10:00 am

Terryw wrote:

Tinsel777 wrote:

Here is a link to a letter from the former federal Attorney General confirming what I have just said about the non recognition of local councils. http://www.larryhannigan.com/Attorney_General_Referendum_Letter.pdf
 

This letter says the constitution doesn't recognise local government. This is true. But does it mean all local government regulations are invalid? No. It a local government enacted something that is contrary to the constitution then it would be invald – eg. they are going to set up their own tarrifs on trade between blacktown and penrith. This would be contrary to the constitution and be an invalide law.

Are rates state local government taxes? probably. Are the unconstitutional? Possibly, but they are still being charged so there must be cases where someone has challenged a council in charging council rates and they must have lost – otherwise the could be no rates.

Not necessarily Terry. I do know of people who have not paid their rates for years, standing on common law, & there is nothing that the local council could do about it. It is an individual descision & the councils are hardly going to advertise the fact are they? They are not going to stop billing the majority because the minority have cottoned onto their fraud.

People have choices & the more people who choose to stand up for their rights the more it will get noticed. I do not think that there is enough people doing it right now to make a 'splash in the ocean'.

Again it comes back to the people being educated – like anything else in life.

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March 2, 2012 - 9:50 am

I do not have case law. I do know that there are cases testing this. I do not know how they have progressed. Maybe ask the website owner. I am only a citizen trying to do my own due dilligence, lol.

Whatever you may think of the website & the views on it & you are entitled to your opinion, as are we all, they are winning the battle & doing an excellent job at helping out the average struggling person. They do not get paid for this, it is all free.

Those letters may not be up to your standard but I do know they have won victories for people & in the end that is all that matters doesn't it?

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March 2, 2012 - 9:40 am

Yes exactly!

However it has done so on many occasions & you would be shocked to know what they are, how far reaching & how they affect us. There are plenty of examples on these websites.

Would it surprise you to know that there are applications currently before the criminal court against many of our politicians, past & present, including the PM?

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March 2, 2012 - 9:18 am

Terryw wrote:

Also please give an example of common law over ruling legislation

I'm sorry, isn't this what you meant by this post?

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March 2, 2012 - 8:45 am

Ok, the information on variable rates:

For a loan contract or any agreement under Common Law there are eight essential elements.

There must be –

(1) an offer;
(2) acceptance;
(3) sufficient consideration;
(4) capacity to contract;
(5) intention to enter legal relations;
(6) legality of purpose;
(7) genuine consent; and
( certainty of terms.

The problem with varible interest rates is in number 8, that it is NOT 'a certainty of terms'.

In fact the word 'variable' in the Oxford Dictionary means 'uncertain'. So in actual fact the banks are commiting contract fraud under Common Law. The uncertain terms of varible interest.

Individuals have used this argument in courts in recent times.

I hope this helps.

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March 2, 2012 - 8:29 am

Hope this answers one of your questions regarding constitutional law ruling over all.

In September 5th 2006 the Case of – Forge versus Australian Securities and Investments – all seven High Court Judges stated unanimously that the Constitution reigns supreme.

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March 2, 2012 - 7:33 am

No, you didn't offend me Terry. That is ok. I understand your scepticism.

The reason why these laws are not challenged in the High Court is because most people are unaware that they do contradict our constitution & yes you are right, they do become invalid. However what people need to realise is ignorance is not bliss.

In regards to the part of the constitution regarding varible interest rates, I would have to look it up the same as you. I read it/heard it during the many hours I have put into researching this but I am a long way off of becoming an expert on the subject.

There is a strong constitutional movement here in Australia as well as in the UK, Canada & the USA.

People in the Australian movement have been researching & putting this into practise for many number of years now. They would be the ones to talk to specifically about this.

I did however come across these recently. Remember how in a previous post I stated that local governments are unable to make laws, by-laws etc?

Here are a couple of 'template' letters that can be used in regards to local councils trying to enforce their laws.
http://www.larryhannigan.com/laws01.htm
http://www.larryhannigan.com/law02.htm

They have already been used very successfully on a number of occasions by individuals.

Who among us would love not to have to to pay council rates? Considering this is after all a property investing site & council rates can add up to a lot.

Here is a link to a letter from the former federal Attorney General confirming what I have just said about the non recognition of local councils. http://www.larryhannigan.com/Attorney_General_Referendum_Letter.pdf

The gentleman who owns & runs this website, as well as many others, has been fighting constitutional battles for many years so he would be a great person to ask about variable interest I'm sure.

If I come across the information again, I will certainly forward it onto you.

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March 2, 2012 - 6:22 am

You didn't have to be sarcastic.

I said nothing about a court hearing constitutional matters. I said the High Court agreed with our constitution.

Common law can be used in any court because IT IS the law. The Commonwealth of Australia is a Common Law Jurisdiction and that all the Courts of Australia are Common Law Courts.

I didn't say that these threats came from the banks. You presumed that. I did not say where they came from.

I knew the barrister this happened to personally. This person was so scared that they left the law altogether, others have received threats too. It goes on all the time in certain circles.

The murders were as a result of a person claiming (in the supreme court) that another "certain" court was acting in an unconstitutional manner & also brought up allegations of lawyers taking bribes. It was in the news. It is all true. This evidence was presented by a retired police officer who was also well conversed in constitutional law & had been helping the murdered person in their case.

Many people have been led to believe that legislation takes precedence over common law but it does not. Do your own due diligence. Have you actually studied our constitution? It was put in place to protect the people.

The original Constitutional Commonwealth of Australia are still in operation and still exist for they can only be removed by a referendum of, for and by the people. The people of Australia have not voted in a referendum to have the Constitution of Australia removed. It still stands.

Just last year some citizen's in the UK arrested a judge for treason using common law. Their legislation was useless to prevent it.

People in Australia have successfully contested speeding fines, parking fines, paying council rates & charges using common law. Where was the legislation in these cases?

Some people do not want to believe this could be true because it would open up a pandora's box wouldn't it? Not to mention the revenue out of the window.

Having said that it must be done properly & in order & why these people have spent a huge amount of time doing their due dilligence. In the end the law (common law) prevailed.

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March 2, 2012 - 4:22 am

Yes well Terry , that is the multi million dollar question isn't it? lol.

Not charging varible interest is actually written into our constitution, which is common law.. Common law is above every other law or act in the land & if the latter breaches the former, then the former prevails. There is now a tsunami of laws/acts which are in breach of our constitution, including the way some courts operate, like the family court.

The banks have held onto this monopoly for a very long time & it is extremely profitable so they will not give it up without a fight obviously. Taking them to court would most likely be futile when the courts also act outside of our constitution on many occasions & quite often are seen to support the banks (especially in foreclosure cases).

The only court to have ruled to uphold our constitution in recent times is the High Court.

In other courts I have heard of people reciving death threats for trying to upset the status quo & I personally know of a barrister that this happened to as well as a couple of recent murders. So please be careful as greed for money breeds corruption & it is rife in our society now.

Our most powerful weapon is always 'people power' but as I have mentioned, a majority of our nation's people do not know their rights & it would take a huge number of the population to have any effect.

Unfortunately us Australian's can be a very laid back people so getting people to 1/ educate themselves on their rights & 2/ then act on them, may prove difficult. My question to them is, "what kind of a place do you want to leave for your children & your children's children"?

However if we allow successive governments to keep eroding our rights we will only have ourselves to blame as things are only going to get worse. People of all walks of life are struggling to make ends meet & our homeless poulations are growing at a shocking rate. Unfortunately they now include families with children (living in tents & cars) where both parents hold down permanent jobs.

This is disgusting when we live in such a resource rich country – it has been badly mismanaged for years by successive governments (all parties) & the pressures for their greed & mistakes have fallen on the average citizen's shoulders.

Too much to bear for many.

If you are still interested in pursuing this, lol, I can PM you some web links & videos so you can do your own due dilligence.

Everybody should download a copy of their constitution both federal & states. We need to educate ourselves. I can PM the links if anyone is interested.

There is a thought going around which says "if you sleep on your rights, you will lose them". So true.

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March 2, 2012 - 3:21 am

Hi Terry

Thanks for the info & yes I do understand what you are saying. The problem I have is that there are now too many rules & regs, always with money attached, on the population instead of regulating the greedy coporations that need it the most.

The 'free people' & 'unconstitutiinal' statements come from the fact that I have been studying this a lot lately & found that many of the laws, acts & rules we have been made to live under (mostly for the financial benefit of governments & corporations like the banks) are in fact illegal under our constitution.

It is unfortunate that many citizens of this country do not know their rights under our constitution, especially since it was stopped from being taught in our schools in 1975.

Just my beef right now so just ignore it if you have no interest in it, lol.

Many people do not realise that variable interest rates charged by the banks are illegal, so are council by-laws (we voted that one out in a 1988 referendum) but now accept it as a fact of life without questioning it. So parking & speeding fines are all illegal too.

There is so much more & unfortunately people are totally clueless as to the erroding of their rights & why it is happening.

Not many people know that under our constitution our government has the power to restore the financial balance & not be indebted to the banks. We shouldn't have a deficit nor be so highly taxed. A majority of our taxes go to paying the government's debt to the banks.

There are laws in our constitution where our government can make it's own money for infrastructure but instead allows the banks to create money out of thin air instead where they then charge us interest on this fictitiously created wealth.

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March 2, 2012 - 2:23 am

Hi Terry

I didn't realise that I had to be as I have heard of other people in the past doing this without being licenced. Who's regulations state that I have to have a licence to help someone find a property to buy?

It is so typical where now so called "free people" are so regulated that they cannot do anything without paying for it.

It is unconstitutional too.

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March 2, 2012 - 2:05 am

Thank you Paul for your quick & honest reply.

I did some more research last night & I like the way Dave & Julie present their seminars. I watched the hour long video on their website after a Google search & scrolling through a lot of other sites to find what I was looking for. I do realise that any business takes work, especially to get started.

Although I have not invested in RE before it is something I have always had a passion for so I have done much research in the past. Unfortunately due to circumstances outside of my control, I have not been in a position to invest in the usual ways. I do have my family home though so that is a start. I just need the guidance on how to go about vendor finance & the legal's etc as I feel that this modality is the way to go for me right now.

There are plenty of bargains of quality properties in my area right now, which is a fairly new estate with restrictive covenants & an extremely popular area as houses do not usually stay on the market as long as other areas.

Even though there is a lot of RE for sale in my city, it is still one of the fastest growing areas in WA with rentals in high demand & my estate is the choice to live in over other areas in the city. I know my city very well, which areas to buy in & where not to go. <moderator: delete advertising>
 
I do have some other ideas where I can save money once I get started, using SMSF, where taxes can be brought down to zero on any capital gains & some income, especially at my age, to help speed up the wealth building process, which would benefit me greatly right now, especially at retirement.

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March 1, 2012 - 12:47 pm

This is a subject that I have been thinking about for some time. I was sent an e-mail about the Siacci System.
My question is has anybody heard about this but more importantly has anyone been to one of their seminars & are doing it successfully?
Thanks

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July 18, 2010 - 8:36 am

I have actually known of someone who quite successfully placed a caveat onto another persons property because of a debt owed. It isn't that hard to do.

Also fairly recently there was a program on TV that reported on some credit card companies who had sold people's properties (without their knowledge) for the small amount owed & overdue on the credit card(s). The first these people knew about it was an eviction letter.

One couple that this happened to was elderly so I am presuming that, to be able to do this, the property had to be unencumbered.

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July 15, 2010 - 1:20 pm

Hi

Just wanted everyone to know that I finally got the caveat removed from my property. It took awhile but patience won out in the end. It was quite simple once I was able to find out how to do it. 

It cost me $220 & I ended up getting a property settlement agency to fill out the application to lodge at the Landgate office (for a 28 day application). This meant that he had 28 days from receiving the notification of the application to object.

He had to go to the Supreme Court to do this but it is expensive to do that & he has run out of excess funds now so he didn't object. Also he owes his lawyer a packet so the lawyer has dropped him.

I also found out that once a caveat has been removed it cannot be placed back on the property.

It is still ongoing but I can now at least see a light at the end of the tunnel.

Thank you for all the suggestions & support.

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June 8, 2009 - 6:14 am

Scott No Mates, I did think about renting out the property but rentals here (for me to rent another place) are really high & to get a place as big (need the bedrooms) & as nice as mine (especially in the area it is in) would cost far more than what I am currently paying on my mortgage, which would put me in a worse position financially. Plus I would have to do all the bits of maintenence that now need doing (more cost). Even just getting the bedrooms I would need for all of us, even in a not so nice area is really expensive to rent here! Demand far outstrips supply. Also in some areas & also in Perth, there are many areas where potential tenants are bidding on properties to try & secure a rental! Totally illegal but it is happening here all the time. So even being able to rent a place here is dicey at best. There are no guarantees & waiting lists are long.

Also I really do not think that it would solve the problem, it is about me owning a property (or anything else for that matter). At the moment it is mine & the children's family home & why he is trying to get the children removed through the family court. I have also come across some shocking abuses of power re: the family court that my ex is trying to use to his advantage now. Like what was already mentioned, he has the money to do it whereas I have not been successful in getting any kind of legal representation nor even legal advice (to represent myself) as it seems that lawyers these days want it all or nothing! If you do not have the money to pay them (& upfront) …………….. too bad! The ICL is hopeless as well & is definitely siding with my ex instead of looking out for the children's best interests, which is what he is supposed to be doing! He has already ignored several damning reports regarding the welfare of the children when they were with my ex!

Keiko, that is putting it mildly ………………. I do actually have evidence on him, (concerning back taxes & also fraud) but he is so vindictive (I have witnessed this many times with other people & even towards his own family) that he would try & make it all about me. He has done this to me on many occasions. He uses threats to get his own way. (Now he is using the courts to get his own way). Using them to bully myself & my children. He has tried to blackmail me many times into giving him what he wants – total control over my life …………… we are divorced, I wish he would just leave us alone!

He refuses to own any property, (probably why he resents me for having any). He has a car (that he doesn't use because his company has given him a new one plus all the free fuel he wants) that he manipulated me to signing over to him (yes it was in my name & paid for). I know silly me but he is very good at manipulation! I would go so far as to say – a professional! I do not know what else he may have etc as he has kept everything as secretive as possible including where he is living (his apartment is also company provided, I know that much).

I just cannot be devious like he is. It is not in my nature to do it & he knows it. I have just been so naive where he is concerned. My only concern now is for the children as he has a history of violence & he made threats towards them last year when they wouldn't do what he wanted.

However when the only recourse is to use a corrupt system (family court) that is all about money (for the lawyers) & if you have it, you can do what you want ……………… there will never be any true justice for families.

I thought about sitting in the court to get more experience except I do not have the time as I also home educate my 3 children. One has had a learning difficulty & another a disability & this was the only way that they were ever going to get the best education for them that wasn't going to cost a fortune. My ex is also trying to put a stop to this as well.

This is only the tip of the iceberg ………………….. you wouldn't believe what tactics he is manipulating the courts into doing! It is totally unjust & I have talked to other families who have not been forced to go through these extreme measures! Like I said, I am being totally bullied from all sides!

Does anyone know anything about settlement? The 12 months is up after our divorce next month. What happens if we do not settle by then?

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June 4, 2009 - 4:34 pm

Thanks guys

I have exhausted just about every avenue I can think of, including the ones suggested in this topic.

He is just about being vintictive, there is no other reason for this. He has now resorted to underhanded tatics to take the children (against their will – they are teenagers now) & now he is talking about going after my property! I really dont care anymore. It is the children that I am concerned for.

It is about time that he got over himself & got on with his life & let everyone else get on with theirs.

I wonder if he got everything his own way would he be satisfied then? I think not, lol!

Anyway the value of the property has dropped & I haven't been able to maintain it so it doesn't have that much equity in it now.

Anyone want a 2 1/2 year old house in a super suburb (probably one of the fastest growing areas in WA – even in this economic climate) at below cost? lol!

At least I was able to negotiate with the bank to bring the repayments down to a more managable level so that was good. Thank God for lower interest rates!

I think that if I just got out of it at least he would leave us alone then (hopefully). I actually feel like he has been stalking me because he has been secretly taking photos of my house & placing them in nasty e-mails to me & carbon copying to the lawyers etc. I think he has lost the plot!

The children & I have lived in the house for 2 1/2 years now. He has never lived there nor is his name on the title!

If I get out of it, I can always start again. Only I wont make the mistake of having assets in my own name in future!

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March 9, 2009 - 2:01 pm

Hello Terryw

Thank you for your reply. The statement about 'not wanting me to move' was what he sent in an e-mail as the reason for the caveat. He is far too savvy to put that on the caveat itself. I actually think that his lawyer did it on his behalf. I will endevour to find out.

I may have to represent myself in the family court to get it dealt with as Raddle suggested. I find it all very complicated & the paperwork unnecessary. Maybe I can scrape together enough to just get some legal advice & help with an affidavit etc & then represent myself.

Raddle, the Community Legal Centre did try to help me last year but they are so overwhelmed with clients needing their help & so undermanned that they really weren't much help at all. Also they cannot handle anything as complex as my case.

I tried to mediate with my ex last year but he wouldn't comply & I have also asked him what money he wanted from the house if I sold it. He replied that he didn't want anything. The only conclusion I can come up with is that he is just trying to make my life as difficult as possible. For what reason, I really do not know.

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March 9, 2009 - 5:07 am

Hello Raddles

Thank you for your input.

I have done every one of those options you suggested, last year when I was trying to find out what I could do.

I was not notified because my ex husband had put down his PO Box address as my postal address. I only found out when I tried to sell the house to get out of debt etc. It was good that the RE Agent was a friend so he was really good about it all as I had to withdraw it from sale.

The titles office were no help either as they said it could only be removed through court (family court can also make an order to do this). It was also going to cost me a small fortune to find out the reason for the caveat (I still do not know what reason he gave, I only have what he put in the e-mail as mentioned in my last post).