MODULE 9

1. Public V Private
2. Holding Your Position (against any backlash OR claim to non acceptance)

YHWH (Creator) – Man – Government – Corp-oration (dead man speaking)

Hierarchy of Authority
YHWH (Creator & Heavenly Father)

Man
Create
Your
Standing Government

Corporations/
Entities/Persons

THE TWO WORLDS

Public(Statute) Private(Inherent Jurisd’n)

- Fiction Substance
- Person, Resident, Citizen, Trust Man, Woman, People
Tax Payer, Rates Payer, Driver,
Government Entity, Agent in B.C.
employee Commerce
- Reserve Bank Notes (RBN) Gold, Silver, Gold & Silver
Coins
- Acts, Statutes, Laws (7Million+) Commandments (10)
- Master: State/Mammon Master: Creator
- Obligations to the State Obligations to Creator
Tax, Rates, Fees, Fines,
Penalties, Registrations,
Permits, Mortgages
COSTS & BILLS, COSTS & BILLS
- Government assumes People assume
Responsibilities responsibility
- Slave/slavery Free/Freedom

Control mechanisms: Education, language, currency, media etc

Every Man is independent of ALL LAWS except those prescribed
by nature. He is NOT bound by any institution formed by his fellow
Men WITHOUT his consent. Cruden V Neale ZNC 338 May Term
1796
Governments make presumptions:

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Example: You are a citizen, a debtor, slave, person, ward of state, an enemy of
the state (Enemy of the State Act 1917)
How do you break these presumption?
‘Who is claiming I am a government entity, employee or agent or performed
some function of government at the time of the alleged offence?’ (Silence
…) or
‘Does the prosecutor have the evidence with him that discloses his law
applies to me? Present it now or forever hold your peace. I’m counting, one,
two three… (ask this question three times)
‘Sir, see, we have agreement. No-one here believes I am a government entity
or employee or that the complainant’s law applies to me. What order does
the law compel the court to make when the parties are in agreement? …..
When may I collect the court order?’
Ask questions or conditionally accept what is being offered. Remain in honour as
the Creditor. A Debtor answers questions. The Creditor controls the conversation
by asking questions or conditionally accepting an offer.
Hierarchy of Laws:
- Natural Law Creator’s laws
- International Law – The Uniform Commercial Code (UCC) – is Man made Law
In actual fact, it’s simply codes of a private corporation domiciled within Vatican
City. Private admiralty law. Intellectual property owned by a corporation. It is the
codification of a number of laws including statute law, the common law, maritime,
admiralty, the law merchant, equity, contract law
Statute Law arises government lawyers raise Bills which are assented to such
that statute laws are created through Parliament. It’s simply codification of a range
of laws including the common law.
- Federal law - statute law + common law
- State law - statute law + common law
- Local law - statute
- Parliamentary acts - statute
The three law groups are Equity (Contract Law), Statute Law and the Common
Law (Case Law precedent & hence MAN made law). Contract Law, of which
equity is a part, over rides the Common Law, to the extent of any controversy
between the two.
Contract Law has a number of components including
- consideration by both parties
- a meeting of the minds
- capacity to contract
- a purpose or defined objective to contract
- etc
Equity - fairness, justice, equitable & hence is the superior form of law.
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Judicature Act 1876 (Qld) S5(11) Generally in all matters not hereinbefore particularly
mentioned in which there is any conflict or variance between the rules of equity and the rules of
the common law with reference to the same matter the rules of equity shall prevail. And
similar in all the other Australian state’s Supreme Court Act.

Law Courts have different jurisdictions depending on the whether it’s a state or
federal court, subject matter jurisdiction and YOUR standing/jurisdiction.
High Court, Federal Courts are Commonwealth. These courts can hear statutory
(result of Breach of Contract & Tort) & Common Law matters.
Supreme Court, District Court & Magistrate Court are state courts. Supreme Court
can hear matters concerning statutory (result of Breach of Contract & Tort) &
Common Law offences. District & Magistrate Courts are statutory in nature &
hence summary jurisdiction = guilty & only the (commercial) penalty to be
determined, unless one is in dishonour by arguing or being belligerent by using
common law, Constitutional or other (state) laws as an example.
If you are establishing standing in the lower state courts, the courts begin with
- statute or administrative law/jurisdiction Once you successfully attain your
status in court, the magistrate may leave the court and return in an
- admiralty jurisdiction If you successfully attain your status in court as the free
man, the magistrate may leave the court again and return, this time in his highest
jurisdiction under cannon law (Holy Roman Empire statutory law) as the black
robe priest – serving under the adversary. Charges are simply spells and
incantations. To circumvent these processes/proceedings is to use Equity, by
offering immediately to settle & close all matters & offer to plead & pay upon proof
of claim…… Raise the stakes (Equity – Luke 19:8, 2San 12:6) by even offering to
pay 4 fold the commercial penalty (that alone will convert any minor criminal
offence such as traffic matter to civil = commercial penalty) upon proof of claim by
the informant/complainant that you are a public servant, government entity or
agent or performed some function of government, such as pay slip, payroll
records, time sheets that evidence what, when, how you got paid, what role you
performed & in what capacity, what job description & title was etc at the time of
the alleged offence, & if the informant/complainant fails to provide proof of claim
then they accept a 4 fold liability for filing a fraudulent & unsubstantiated claim &
for fabricating evidence, under the law of equity AND that they will provide
immediately their indemnity insurer’s number, name, address & contact details….
NOW you will have won the Magistrate/Justice over to your cause because you
are HONOURABLE & offered to settle, close & pay albeit CONDITIONALLY!
Common Law (case law precedent) & Statutory Law (Parliamentary codified law -
being a penalty for the breach of Contract) are simply different jurisdictions.
Remember, law of equity prevails

Equity Law arose – evolved as a result of the use of Trusts. Under the common
law, certain parties (beneficiary) could be denied remedy by the judicial process.
Equity enabled all damaged parties to access a remedy.
Common Law Statutory Law
Derived from Case Law. Fiction.
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Precedent Substance. Case law Codes of private corporations (eg Cth of
precedent & offences may be Australia)
jail-able even for minor offences. Not jail-able offences if one offers to settle,
FEUDAL System of UK close & pay
= master & slave relationship
SLAVERY – higher form of SLAVERY – benefits & privileges
benefits & Privileges
FEAR = false evidence appearing real. State & Federal legislation operates to
create fear
Our remedy is therefore under EQUITY LAW.
EG.
- ‘No Fee Simple rights now with land’ If you believe that, you’re correct. If
you don’t believe that you’re also correct. Fee Simple is an agreement between
the land owner/occupier and the Queen. It cannot be legislated away WITHOUT
the consent of the parties, ie. Without your or the Queen’s consent.
- Patriots Act = Terrorist Act! ALL based on …. FEAR!
WHO do acts apply to?Legal fictions = persons = government entities,
employees, agents. SO what is there to fear?
4 ways to COMMUNICATE - respond to a presentment – written or oral = offer
1. Full Acceptance Honourable
2. Conditional Acceptance Honourable – dishonourable
depending on INTENT
3. Silence Dishonourable
4. Argue Dishonourable

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3. Holding Your Position (against any backlash OR claim to non acceptance)

Last 3 sessions:
A Forming a contract by accepting the presented/delivered written offer on
YOUR terms under the authority given YOU under principles of Equity & Contract
Law. Offer & Acceptance.
B Adding a Default & Liability Clause & Notice to the completed NOT
NEGOTIABLE contract, the NOT NEGOTIABLE thereby limiting or negativing the
drawer’s liability - permitted under statute authority per BOE Act 1909 (Cth)
Sections 21(1) and 36(5)
Eg. On a court order. Is there a signature on the face of the 1st page? YES! A
Court seal! It’s an offer to Contract!
Does it say anywhere upon the face of it the words ‘NOT NEGOTIABLE’? NO!
Therefore maybe its also negotiable! Isn’t this fun instead of arguing? Look up the
legal definition of INSTRUMENT & what is included in the definition. Even
‘STATUTES’ are included.
‘The defendant cannot drive for 4 years’ – can be changed – redrafted to ‘can’
drive for four years ‘or longer/forever!’ YOU have ALL the statutory authority you
require to renegotiate the offer to contract! You have 3 days to do so or forgo the
opportunity to redraft their offer!
C 9 processes to discharge liabilities & then certifying the commercial default of
the defaulter – payee by their claim to non acceptance when in fact they DID
accept the tender of payment made.

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Holding Your Position (against any backlash OR claim to non acceptance by
the payee)
Once payment is delivered & the Certificate of Protest – Default – Dishonour is
completed & the COPY/IES delivered to the payee, & any other appropriate
parties, such as the registrar/clerk of a court if there is a proceeding already
underway, then the first sign of the payee – defaulter’s non acceptance of the
payment is taken as their commercial default whereby YOU are immediately
entitled to pursue a four fold award for breach of contract by the defaulter under
the terms of the Default & Liability Clause & Notice within YOUR NOT
NEGOTIABLE contract.
Some signs of the payee – defaulter’s commercial default are;
1. a phone call from an employee or agent of the payee stating the payee has not
accepted the payment instrument in consideration of the liability
2. A letter from the payee stating the payee has not accepted the payment
instrument in consideration of the liability
3. A new statement/bill/notice showing the same outstanding balance owed as
previously
Holding one’s position is entirely about mindset, attitude and the art of war in
regard to strategies to out manoeuvre your ‘adversary’, like playing chess.
Successful players possess the ‘do or die’ mindset, with no avenue of retreat and
the lines drawn behind them. ‘Never surrender, never retreat’. You mental
attitude to ‘step aside because I’m coming through, come hell or high water’!
Your mindset is already on the public record so YOU must decide what record
you create, the disposition of a mouse to be commercially ‘fleeced’ or a
Rhinoceros to keep clear of whereby the moment you ‘hold your position’ the
adversary retreats immediately and surrenders.
The public adversary is like a dog who can immediately detect with their senses
whether you’re in ‘fear’ mode and attack you, or in ‘conquer, get out of my way,
resilient, grit, determined’ mode and get out of your way.
You want to win?
First, make the DECISION and then INTERNALISE the winning attitude and
formulae and that ONLY you can do.
Where a matter involves a claim by a payee, such as an account statement of
notice, approximately 20% of such liabilities are discharged by simply delivering
tender of payment by Bill of Exchange, Promissory Note (includes cash), Cheque
or Money Order.
Another 80% of payees either remain ‘silent’ (acquiesce) or eventually stop
writing letters of solicitation to you when one competently ‘holds one’s position’,
so the liability is effectively discharged.

Upon any of the above three initial signs of the payee’s commercial default &
YOU have the statutory authority to pursue an award for damages for breach of
contract.
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However, as we are to show ‘mercy’ one may ‘notice’ the payee three times to
pay to you the amount of the award within seven days of receiving the first notice
by way of registered return receipt mail or by delivery by personal service a
‘NOTICE OF DEMAND FOR PAYMENT’ with supporting ‘Invoice’ noticing the
payee if it doesn’t pay you within seven days or you would investigate recovery
action of the debt. A week later, if no payment has been forwarded to you, you
deliver a ‘Default of Payment Notice’ & supporting ‘Reminder Notice Invoice’ by
registered return receipt mail stating payment is required within seven days or
recovery action would proceed. A week later, if payment has not then been
forwarded to you, you deliver a ‘Final Notice & Default Judgment’ & supporting
‘Final Notice Invoice’ again affording the payee seven days to correct their
commercial default & pay you or recovery action will proceed.
Of about the 80% of payees that continue collections on an account that you have
delivered payment against, this three step notice process is sufficient to cause an
estoppel of most payees.
If no payment is forwarded and the payee continues with their recovery action,
you now have statutory authority to;
1. a) If the defaulter – payee is an individual – person; lodge a claim/statement of
claim & supporting affidavit with all the evidence attached as exhibits & claim
your award for the amount disclosed in your Default & Liability Clause & Notice
of the contract, and
B) Phone the relevant Ombudsman & make a formal complaint & provide that
office with all your written documentation/communication in order to support
your complaint. The Ombudsman has a duty to follow up all complaints & it’s a
fabulous pressure point against the payee. The payee is charged a small
amount by the Ombudsman for its follow up of the complaint. If in two weeks
you haven’t had satisfaction & the payee is still soliciting you for further
payments, in its attempt to negotiate a NOT NEGOTIABLE contract, you lodge
a second complaint with the Ombudsman, & follow up with a call saying ‘the
payee is still harassing you & soliciting & they’ve failed to adjust the account to
reflect the payment already made, what’s going on?’. You may have to hold
your position if the Ombudsman makes any claim such as ‘they don’t accept
P.N.s or BOEs’, so you must reply with ‘are they claiming the Australian BOE
Act 1909 (Cth) is no longer valid & in force?’. He/she will be either silent or state
‘no, they’re not making that claim’, so you MUST immediately hold your position
& state ‘I thought so, so when are they correcting their records to show the
liability was discharged by a different performance, as permitted under the BOE
Act? If they don’t adjust the records within 72 hours I take it as their further
commercial default & INTENT to damage me. You’re now aware of the situation
so if you DON’T notice them immediately of their commercial default &
dishonour, you will be seen to be conspiring with them. I know you wouldn’t
wish to be in that position so you’d better NOTIFY them.’ The second approach
of the payee by the Ombudsman accentuates the financial penalty the office of
the Ombudsman charges the payee for the office following up the complaint.

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 If still no satisfaction is attained after two further weeks, & the payee still
harasses you with phone calls or notices, contact the Ombudsman a third time
& make your THIRD complaint, which has a dramatic effect, because it
escalates the financial penalty against the payee to a painful sum, apparently to
an amount of $9,000! The matter will likely dissolve and settle quickly now. If
not, lodge your claim and statement of claim at the appropriate court
C) Save much energy & time by contacting the payee by phone & asking them
why the account hadn’t yet been corrected to show the liability as discharged
by virtue of the payment instrument delivered earlier. If they say, the PN or
BOE (that is already recognition, acceptance & confession the instrument
delivered for payment is valid) isn’t acceptable payment, you ask ‘are you
claiming the BOE Act 1909 is invalid or no longer applicable or in force &
effect?’ They won’t admit to that so you say ‘ok, so now that you confirmed it is
valid, when is the account being adjusted to reflect the full discharge of the
liability or who am I holding liable for damaging my commercial interests?’ Hold
the clerk, their supervisor, & the head of accounts liable if they don’t adjust the
account to show the liability as discharged by virtue of the payment you
delivered
2. If the payee is a company or corporation (has an ACN #); Most of the above in
‘1’ is applicable other than lodging a claim/statement of claim & supporting
affidavit (only done for individuals or persons) but add to this; deliver to the
payee & their legal representative by registered mail return receipt a
CREDITOR’S STATUTORY DEMAND FOR PAYMENT OF DEBT. The payee
has 21 days to pay up or you can lodge an APPLICATION FOR WINDING UP
of the company in the Federal Magistrate’s Court or Federal Court. That ought
to scare the pants off the payee!
If you take the matter to court you will require to drill yourself to not argue &
how to use your adversaries legal representative as your second witness so
you may attain agreement between the parties & hence a court order in your
entity’s favour. That’s the subject matter of module 17.
A good example of holding one’s position occurred on Monday night at 10pm
when David’s lawyer telephoned David with several questions regarding the
P.N. payment process. The phone piece was passed over to me. Either David
wasn’t yet fully conversant to address the questions, was loath to answer or
didn’t wish to give too much away because an ‘educated’, interested and
competent lawyer is valuable in the market place & might be offered an
opportunity with the banks! However such a lawyer is valuable for supporting
the process of ‘Holding One’s Position’.
His were very intelligent questions such as;
1. Q: “How is it you, the drawer, decide where the meeting for presentment of
acceptance and payment of the note occurs?”
A: Doesn’t the drawer or maker have statutory authority under S69(2) of the
BOE Act 1909, and also doesn’t section 45 & 50 apply to BOE? Wouldn’t
S92 & 93 be appropriate for PNs?
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2. Q: “Why are you meeting?”
A: Because we wish to give the payee every opportunity to present their PN
for payment, & we’ve chosen a date OUTSIDE the 72 hours so as to entrap
them under contract law – after they have been in possession of the note &
contract for longer 72 hours the contract is settled! If they attempt to
negotiate the amount, we will ask them for proof of authority to do so when
the contract is settled, closed, limited and negatived (S21(1) & 36(5). (A
lawyer volunteered to us the 72 hour cooling is under statute law!)
3. Q: “What if the payee returns payment within 72 hours of receiving it?”
A: Doesn’t that also discharge the liability against the drawer-maker by virtue
they expressed they abandoned their claim? Imagine you paid $2 for an
orange drink & the attendant said you could keep your $2, it’s on the house.
Is the juice yours? YES. Is the money yours? YES. Are you still obligated to
the attendant? NO Therefore isn’t the liability to the attendant discharged?
YES
This scenario occurred on a court order that was accepted by the acceptor –
farmer (lender to take possession of the property and $7 million in cash) and
returned to the court with an amount of consideration to support a simple
contract (S32)1)). Mail is delivered to this isolated community one a week as
it takes seven days to reach it. The completed court order contract was back
within the farmer’s hands within 72 hours of him delivered it by express post!
The farmer drew up and delivered to the court a ‘Notice of the Court’s
Abandonment of Court Order’. The court failed to reply! It acquiesced and
accepted it had abandoned its own court order!
4. Q: “You cannot force someone into a unilateral contract!” “How is it unilateral
when the payee signed the Statement of Account, therefore being an offer
ONLY?” The corporation’s seal is its signature.
5. Q: “How can you change a court order?” or “You can’t change a Court
Order!!”
A: Doesn’t the Court Order bear the payee’s valuable signature (its seal) &
does it say anywhere on the court order that it is ‘NOT NEGOTIABLE’?
OTHER PRESSURE POINTS TO HOLD YOUR POSITION
6. Q: “But it says in this letter that the (payee) does not accept the PN/BOE as
payment, says so right here!”
Doesn’t action over ride words (It’s NOT what is said but what was done (act
& intent) that counts – they held onto the PN or BOE. Now look up the
LEGAL meaning of ‘acceptance’ … continue)
Did they not receive the PN/BOE?
Did they not take something offered?
Did the payee not retain possession for over 72 hours after attaining the PN?
Isn’t that evidence of assent = agreement = acceptance
(The above Qs are components of the legal definition of acceptance)
If the payee proceeds to court, you can either:
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 a) Send by registered mail a Notice of NON CONSENT to the payee & the
court that you DO NOT consent to the matter proceeding to court & you
reserve your right to settle privately, thereby depriving the court of authority
& jurisdiction to hear the matter OR
b) Lodge an application for Order to Strike Out the plaintiff – payee’s
claim/statement of claim on the basis it’s vexatious & frivolous by virtue it
has no cause of action when payment was already delivered
Here’s another secret king hit knockout weapon!
When belligerent payees (eg. State Penalties Enforcement Registry (SPER))
claim your BOE delivered to them in good faith as tender of payment (key words)
(say to discharge a traffic liability), was unacceptable, you, being the beneficiary,
immediately write back to the SPER Registrar by way of Notice (see file enclosed
within this module titled ‘SPER Notice’) & direct the CEO/CFO/Registrar or any
other head honcho, in this SPER case Natalie Barber, and direct her, as the
public Trustee, to immediately instruct her appropriate underlings within the
accounts department to correct their public records to show the liability against
your entity and commercial estate was discharged by an earlier delivered
payment, see attached copy of payment instrument, or you would be forced to
subpoena her into court as YOUR material witness & answer as to why her
organisation hadn’t adjusted their records to show the liability as discharged after
delivery of payment, as your records showed! You might also cite section 60 of
the Trade Practices Act that specifically discloses the offence of harassment,
coercion and solicitation by corporations against their clients.
What do you suppose is the outcome of such a Notice?
NO MORE harassing statements from any payee including the dragon SPER!
Same applies for council parking infringements, traffic related infringements etc.
After writing to a council Mayor instructing HIM to notify his appropriate
subordinates to correct the council records to show we had NOT at ANY time
CONSENTED to accept their OFFER of the parking ticket, no further Reminder
Notices were issued thereafter!
It is recommended you not pursue matters via litigation nor accept invitations to
attend courts until you have studied court procedures and the rules (appropriate
civil and criminal) as well as how to properly address the court as a creditor
(module 17) as the playing field isn’t level & playing in their ‘den of thieves’
domain requires a level of competency few people have.
Understanding how to ‘respond’ in court isn’t technically difficult but it’s an art and
takes much drilling as well as backbone.
If you employ a lawyer;
1. the court will deem you ‘incompetent’
2. Worse, no lawyer will extend themselves for you for fear of being discharged
from the Bar Association or Law Society. They’re almost a lost cause!
3. Lawyers often compromise your case, on your behalf, so as to maximise their
personal gain from the case. They are mercenaries. Lawyers from both sides
of the controversy collude with the intent of draining both sides until the money
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 is exhausted and then magically a solution arises! Is this true? Ask an ‘honest’
retired lawyer!
4. The lawyer’s loyalty is 1st to the Bar, then to the Commonwealth, then to the
state, then to the court, before they have any interest in assisting you.
Do you really expect your remedy from them, unless they’re not directly
challenging any group to which their higher loyalties lie?
Some other Example Responses in ‘Holding Your Position’;
In court…
7. Judge: “How can $1 discharge a greater liability, that’s ridiculous & you’re just
trying to attain some unjust enrichment!”
You: Sir, what does it say in the BOE Act 1909 (Cth) S32(1)? Doesn’t it say
one can use an amount of ANY CONSIDERATION SUFFICIENT TO
SUPPORT A SIMPLE CONTRACT & isn’t $1 a part of an amount of ANY?
And what does S14(2) of the BOE Act 1909 (Cth) say, doesn’t it say where
more than one sum is expressed to be payable on a bill, the LESSER OR
LEAST, as the case may be, of the sums so expressed to be payable shall
be taken as the ONLY sum ordered to be paid by the bill, & doesn’t S8
clarify what elements are missing that the drawer, accepter or indorser may
add & complete if the bill is found wanting, & complete as HE OR SHE
THINKS FIT under principles & doctronies of Equity & Contract Law (You
watch the demeanour of the Judge change after that barrage! He’ll now be
meek as a lamb & on YOUR side!)
Is the ONLY amount required to be paid on the bill not the sum certain as
disclosed at S8 & S14(1) of the BOE Act 1909 (Cth) & did I NOT deliver
payment to the TENOR of my ACCEPTANCE pursuant to S60?
(If you want an instant result & judgment in your favour….use the second
witness principle as soon as possible and leave the Judge alone)
8. Judge: “That’s not a BOE/PN, it’s rubbish & you KNOW IT! We’ve had these
in courts before & none of them succeed!”
YOU: Really? Sir, you’re not practicing law from the bench are you, you’re
not acting in bias for the plaintiff are you? (That will shut him up promptly)
Sir, is the plaintiff not claiming the BOE had insufficient consideration to
discharge the liability, or it was not sufficient different performance to
discharge the liability? Does he (lawyer – who remains silent) have some
evidence?
YOU: Sir, I can’t hear him, I think he has laryngitis or the cat’s got his tongue!
Could you ask him again please, is he claiming the BOE delivered to the
plaintiff had insufficient consideration to discharge the liability, YES or NO?
Lawyer: (Silence)
YOU: Sir, could you ask him for the 3rd and final time …..
Judge: No, we’re not going there, we know where this is going, there’s no
need to, I’ll reserve my decision & if you don’t like my order then you can
appeal it!
YOU: It’s true Sir, we don’t have to go there, but we will, is the lawyer claiming
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 the BOE delivered to the plaintiff had insufficient consideration to discharge
the liability, YES or NO? Oh, he failed to answer. We have agreement Sir.
When may I collect the court order, this afternoon? (Hand him up your
PRACTICE ORDER)
Judge: No, I’m reserving my decision …
YOU: Sir, with respect, what order does the law compel the court to make
when the parties are in agreement?
(By rights & due process, he ought make a judgment to strike out the
plaintiff’s claim, but its unlikely because you will wipe out an industry so they
will simply reserve their decision… so you can say …)
YOU: Sir, with respect, we would IMMEDIATELY appeal your decision & I
object to and do not consent to your decision to reserve your decision when
the court record shows we already have agreement between the parties
For more responses to the ‘fish hooks’ claims that may be directed to you, see the
enclosed file titled ‘RESPONSES’. These ‘fish hooks’ are designed to distract
YOU & attempt to get you to argue instead of ‘hold your position’ by asking a
question or seeking proof of claim.
Internalise these responses – of which there are perhaps 6 or 8 key common &
underlying responses for the 1,000’s of fish hooks
Further strategies to ‘Hold Your Position’
1. You can apply to a default listing agency, such as Equifax Pty Ltd, and default
list the payee. Ensure all your documentation in support of the application is
intact. Let the CEO of the defaultee – payee (your adversary) know in your
earlier Notice that you will proceed to this step as one of several steps to
enhance recovery of their debt to you.
2. Contact the Ombudsman’s office and lay a formal complaint. They are duty
bound to assist you and this usually causes an abrupt halt against any further
solicitation by the defaultee – payee for at least three months. Filing three
complaints, each in successive months escalates the amount of the account
charged the payee by the Ombudsman and will place your case on the top of
the list to be dealt with by the payee.
3. You may disclose in your earlier Notice that the situation requires exposure
within the media.
4. You may approach a superior of the individual you’re dealing with at the
payee’s office or approach the industry’s governing body to investigate the
harassment, stalking and solicitation.
5. You may approach your local Federal and State Minister or the appropriate
Minister governing the industry you’re dealing with, and lay a formal
complaint or seek their involvement.
6. You may seek the assistance of the office of the state Attorney General or
Federal office of the Governor General if the matter justifies it.
7. You may approach the office of Fair Trading, Consumer Affairs with a formal
complaint. In the case of borrowing, both Banks and subsequent Debt
Recovery Agencies (and any other corporation) are precluded from
harassing borrowers and they must abide by a (Banking) code of conduct
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 the Fair Debt Collection Practices Act (FDCPA) and the Telephone
Consumer Protection Act (TCPA) respectively. The National Credit Code
2009 is also useful in exerting pressure on banks.
8. A formal complaint has dramatic effects and consequences, this is the
subject of module 25.
9. Using a Fee Schedule to recoup from the claimant – defaultee – payee
money for the time you spent answering their vexatious (unsubstantiated)
claim.
You can lay a range of pressure points that may compel the defaultee – payee’s
performance. That is the subject matter of module 14.
A final example, and certainly the list isn’t endless, of ‘Holding Your Position’ is
when under threat, duress or under attack yourself.
Remember, CONTRACT LAW prevails so for any adversary or offerer to attempt
to compel you to perform certain conditions MUST already be fulfilled which
include;
1. There must be in place a pre-existing contract, which may include an implied,
concealed and never revealed (Masonic!) contract
2. There is a breach of contract permitting the offerer authority or reasonable
cause to approach you or compel you to perform
3. You have previously agreed to be an employee or agent of the state and
Commonwealth and therefore subject to its laws and jurisdiction
You can break any and all of the above three ‘presumptions’ to an implied or
concealed and never revealed contracts by what you say and how you say it. Life
is about communicating as a creditor. NEVER testify (make a statement or claim),
being the position of a debtor, but answer a question or direction with either
another question or seek proof of the claimant – offerer’s claim, including proof of
a contract, proof of a breach of contract, proof of authority to make the claim,
proof you are subject to their law and proof their law applies to you. These apply
particularly in civil and semi criminal (like traffic) matters where there are no
victims. A corporation can never be harmed! It’s dead!
Example 1: A claimant’s letter soliciting you for money for a liability already
Discharged.
1. Quickest mechanism to attain settlement is to contact the claimant – defaultee
– payee by phone and speak to someone in authority who can make decisions,
notice them that tender of payment was already effected and the liability was
discharged and for what reason was the account not credited, who handled the
matter and perhaps who benefitted from the proceeds of the payment
instrument and WHO is to be held liable for misappropriation of the credits from
the negotiable instrument delivered as tender of payment? Many people have
attained closure over the phone simply holding individual people to account.
This takes a level of competence and firmness over the phone. Be prepared
and perhaps have a phone script so you come across competent, firm and not
one to be messed around with. Any claim made such as ‘we don’t accept (type
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 of payment instrument)’ be prepared with an immediate knock out punch reply
that psychologically makes the respondent fall off their chair or run for cover.
2. If ‘1’ fails resort to writing by way of NOTICE to the CEO, CFO or whoever
heads the organisation and hold them accountable and liable for the non
performance of their underlings, and instruct the head honcho to direct the
accounts to be corrected to reflect payment was made and the liability
discharged. If he doesn’t do so and confirm it in writing by way of a current
account showing the balance as zero within seven days of the date of your
notice you will pursue him personally for negligence, delinquency and breach of
fiduciary duty and subpoena him into court to testify against himself and for
you! This is a king hit powerful tool and works magically. Virtually all matters not
already settled earlier are settled privately by this process.
To date, only lenders have proceeded with litigation where mortgages are
concerned and have exerted their full ‘force’ in an effort to prevent ‘slaves’
escaping financial bondage. Some remedies in that area are shared within
Module 27.
Example 2: A police officer directs you to pull over to the side of the road when
travelling within your car
1. The direction to pull over is simply an ‘offer’ and IF you pull over you have
already contracted by accepting the offer. This presumption of a contract can
be overturned. If there’s no genuine reasonable cause then having directed you
to pull over is evidence of a false arrest!
2. Firstly, the police officer requires, by law, to have reasonable cause to pull you
over. You are NOT compelled to conduct business with the police officer if you
do not WISH to. Contract law implies CONSENT. Where you drunk and was the
car swaying across the road? NO! Where is the reasonable cause?
There are several case law judgments in recent times in Australia that confirm
you are NOT compelled to conduct business with the police without your
consent, UNLESS you are under arrest – implying there was already
reasonable cause.
So when approached by the police officer (P.O.), you only need ask:
You: ‘Am I under arrest today”
P.O.: No, we just want to see your licence’ OR ‘no, we’re doing breathalizer’s’
You: ‘Fine, I don’t consent! I haven’t had a drink and I’m very busy, so am I now
free to go’
P.O.: ‘No, we need you to blow into this’
You: ‘Hang on, you said I wasn’t under arrest, you know contract law prevails,
so for the second time, am I free to go?’
P.O.: ‘No, we want you to blow into here
You: ‘Thank you for your offer, however, as you know, Contract Law prevails
and for you to contract you need my consent by free will. There have
been several judgements in NSW and Victoria whereby one cannot be
compelled to do business with a police officer UNLESS they were already
under arrest. As I have already expressed I don’t consent and I’m in a
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 hurry, you stated I wasn’t under arrest so for the 3rd and final time am I
free to go or is this not a free country anymore and are we all slaves like
former Soviet Union?’
P.O.: ‘Yes, you can go…’
OR
P.O.: (Any threat is compelled performance and you need to record it because
you are not legally compelled to perform UNLESS you are under arrest –
or there is reasonable cause and to this stage there was none but you
need the evidence)
You: ‘Oh, now that you’re threatening me & I’m recording this, of course I’ll
Comply with your unconscionable offer to contract. Where’s your business
card & what’s your name and badge #. I’ll file a formal complaint to your
indemnity insurer! (He will likely rip up the ticket to prevent risk of job loss)
(If your side window is up within an inch of being closed it’s likely you will be
directed to go. The police are waking up that they can only intimidate so far)
For a more complete overview of ‘addressing a police officer’ is the subject of
module 18.
In summary, to gain competence in ‘Holding Your Position’ requires:
1. Appropriate mindset
2. A range of Strategies and Pressure Points
3. Will and backbone
4. Internalising some key response lines
5. Never argue but rather ask questions or seek proof of claim of the
complainant – offerer – defaultee – payee
6. Study and more study
7. Lots of practice and application
8. Most of all ‘role play’. Practice role playing behind the mirror of your car.
Often there’s useable downtime that can be harnessed when travelling in
the car. Manifest a sparring match between your adversary and yourself.
Imagine … what your adversary will say, what ‘fish hook’ will be directed to
you and then picture your smooth, confident, competent, quick and firmly
stated reply that wipes your adversary off the playing field.
Does that afford you a smile?
Have fun playing the ‘Hold Your Position’ game & score some great wins!
Addendum:
Examples:
4 February 2014 Man ‘surrendered’ (must have been a war going on!) to police at
a Brisbane Prosecutions office. He was asked if he was the person on the warrant
and on his license. He stated he was not and was a man, that the entities on the
warrant and license were used for commercial purposes only and that he used
them only under PROTEST because with out a license he would be assaulted
and possibly killed by the police. He did not consent to being that name nor did he
consent to anyone committing offences against him including threats violence
S75, piracy S80, Wrongful Arrest S252, Serious or Common Assault S335 – 340,
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Kidnap for Ransom (Courts & Police) S354A, Deprivation of Liberty S355, Threats
S359, Obtaining ID with intent to commit offences S408D, Demanding Property
with Menace (Your Name) S14, and personating S514 of the Criminal Code Act
1899 (Qld) – or your state or country.
The police did not exercise the warrant against him and he left the police station.
Early February 2014 the local Council attempted to force new home owners to
connect the house to the public mains water, in a semi suburban housing estate.
The owners refuse to provide consent as they don’t wish to participate in
therapeutic treatment by state supplied fluoridated water.
The Council requires;
1. The customer’s consent
2. To establish the home owners are customers
3. Establish there is a bona fide wet ink signature contract between the parties
whereby the home owners consented to not only being customers and
accepting the offer of poisonous town water supply, but that the home
owners consented to subjugate their status to that of a serf or slave
4. Establish they have an equitable interest in the property or title of the
property by providing the bona fide wet ink signature document that
establishes the council purchased an interest in the property and is not
simply a third party debt collector for a foreign corporation
5. Establish the Council is bona fide by’
A) providing an opportunity to examine the original bona fide wet ink
signature document that establishes it attained Royal Assent or Letters
Patent and
B) Evidence of a referendum whereby the electors voted overwhelming to
endorse local government or councils
C) providing an opportunity to examine the original bona fide wet ink
signature document that establishes the executive and political
mechanisms that enabled the creation of Councils was duly authorized
and empowered by a bona fide government in its original jurisdiction
under the Commonwealth of Australia elected by the common people of
Australia and not a foreign corporate entity registered in a foreign
jurisdiction and controlled by foreign interests to the detriment of the
common people of Australia
Game over! Is that an example of holding one’s position?
Jake: 2017. SPER - $12,000 statement of account. $1.05 BOE & received a new
statement showing zero balance.

Tony: $1.6M loan on 3 farms: Offer to reduce loan by $700k accepted by Tony,
after duly considering the options (under directions).
Have fun playing the ‘Hold Your Position’ game and create your own victories!

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