NOTICE OF SEIZURE OF COLLATERAL/CRYSTALLISATION OF STATUTORY AND EQUITABLE CHARGES OVER THE RIGHTS, OFFICES, ASSETS & UNDERTAKINGS OR OTHERWISE THE PROPERTY OF THE GRANTORS/CHARGORS, PERSONALLY AND AS TRUSTEES AND/OR AGENTS
TO: Her Majesty The Queen, Queen Elizabeth II and Her Majesty’s Agents, Officers, employees, agents, delegates, contractors and licensees of Buckingham Palace, London SW1A 1AA ( “the Grantors/Chargors”)
C/O the Attorneys General of the Commonwealth, the States and the Territories of Australia, 15 Murray Street, Hobart, Tasmania, 7000
FROM; Andrew Morton Garrett, Personally, in all of his capacities including (but not limited to) as Chairman Managing Trustee of the Andrew Garrett Family Trust No 4 and the Australian People Future Fund of Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong C/O 10/15 Hunter Street, Hobart, Tasmania, 7000 (“The Grantee/Chargee”)
WHEREAS, Magna Carta Libertatum (Medieval Latin for “the Great Charter of the Liberties”), commonly called Magna Carta (also Magna Charta; “Great Charter”), is a charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215 binding his lawful successors to the Crown and creating the Public Trust for the benefit of the beneficiaries being such citizens who exist from time to time within the dominions of the King, and his lawful successors, also thereby creating a registerable equitable and statutory charge/personal property security interest enforceable at law in the hands of the Grantee/Chargee as a beneficiary of the Public Trust and lien holder, (“the Public Trust”),
AND WHEREAS, the Cestui Que Vie Act 1666 (UK) was enacted by Westminster Parliament as the lawful predecessors of the Grantors/Chargors binding the Grantors/Chargors creating a further Public Trust thereby creating a further registerable equitable and statutory charge/personal property security interest enforceable in the hands of the Grantee/Chargee as a beneficiary and lien holder, (“the Cestui Que Vie Public Trust”) ,
AND WHEREAS, prior to the 24th – 27th January, 29th April, 20th June, 27th July, 2nd September 1899 & the 31st July 1900 the Public Trust of the Peoples for of the States and Territories of the continent of Australia (“the Peoples”) vested in the lawful predecessors of the Grantors/Chargors as Trustees and/or agents of Trustees who bound the Grantors/Chargors when accepting appointment to Public Office by virtue of the constitutions of the States and Territories creating a further registerable equitable and statutory charge/personal property security interest enforceable in the hands of the Grantee/Chargee, as beneficiary and lien holder, (“the State & Territory Public Trust”),
AND WHEREAS, the lawful predecessors of the Grantors/Chargors accepted the authority of the Peoples, and bound the Grantors/Chargors to accept the authority of the Peoples as beneficiaries, variously on the 24th – 27th January, 29th April, 20th June, 27th July, 2nd September 1899 & the 31st July 1900 the Peoples voted for Federation at which time the Trust of the Peoples the Commonwealth, the States and Territories was vested in the lawful predecessors Grantors/Chargors as Trustees and/or agents of Trustees by their conduct and acceptance of Commonwealth Public Office creating a registerable equitable and statutory charge/personal property security interest enforceable in the hands of the Grantee/Chargee as beneficiary and lien holder, (“the Commonwealth of Australia Public Trust”),
AND WHEREAS, the Holding of Public Office by the Grantors/Chargors is held pursuant to the aforementioned Public Trusts created on the dates of the relevant enactments including the Constitutions of the Commonwealth, the States and Territories (as amended) and the dates of voting for Federation, and subsequently, which vests Public Office Holders with Judicial and Quasi-Judicial Decision Making Powers which Powers must be exercised in the Public Interest as opposed to the interest of the Grantors/Chargors in the holding of Public Office,(“the Public Office Public Trust”),
AND WHEREAS, the Grantors/Chargors were parties to a Treaty/Contract between Nations known as “the Charter of the United Nations” that was executed by the lawful predecessors of the Grantors/Chargors and/or the Grantors/Chargors in Public or Hereditary Public Office on the 26th June 1945 thereby creating a further Public Trust binding the Grantors/Chargors and creating a further Equitable and Contractual Charge/Personal Property Security Interest in favour of the Beneficiaries of the aforementioned Public Trusts including in the hands of the Grantee/Chargee, (“The United Nations Peoples’ Public Trust”),
AND WHEREAS, as a consequence of rising issues of Corruption, breaches of Human Rights, Principles of Separation of Powers and collapse of Rule of Law within the Commonwealth of Nations, the Grantors/Chargors and/or their lawful predecessors were parties to a Treaty/Contract between Nations known as “the Charter of the Commonwealth of Nations” that was executed by the Grantors/Chargors and/or their the lawful predecessors on the 11th March 2013 thereby restating a further existing Commonwealth of Nations Public Trust further binding the Grantors/Chargors and their lawful successors thereby restating a further Equitable and Contractual Charge/Personal Property Security Interest in favour of the Beneficiaries of the aforementioned Public Trusts including in the hands of the Grantee/Chargee, (“The Commonwealth of Nations Peoples’ Public Trust”), relevantly that Charter was executed and highlighted (amongst other things) as follows;
AND WHEREAS, the Tax Payer’s Charter published by the Grantors/Chargors is a code of conduct enforceable upon the Taxpayer and Public Office Holders appointed under Tax related enactments and regulations that is subject to the Public Governance Performance and Accountability Act 2013 (Cth) thereby establishing the Commissioner of Taxation Public Trust thereby creating a further equitable and statutory charge/personal property security interest over all of the assets of the Commissioner of Taxation including, but not limited to, the exclusive rights to receive Tax Revenues that is enforceable in the hands of the Peoples as beneficiaries, including the Grantee/Chargee (“the Commissioner of Taxation Public Trust”),
AND WHEREAS, a Charter; Economic Diplomacy and Australian Business published by the Grantors/Chargors is a code of conduct enforceable upon Public Office Holders of the Department of Foreign Affairs and Trade (“DFAT”) that is subject to the Public Governance Performance and Accountability Act 2013 (Cth) thereby creating a further equitable and statutory charge/personal property security interest enforceable in the hands of the Peoples as beneficiaries, including the Grantee/Chargee (“the Department of Foreign Affairs and Trade (DFAT) Public Trust”),
AND WHEREAS, the lawful predecessors of the Grantors/Chargors bound the Grantors/Chargors to the Commonwealth of Australia Act 1900 (Cth) (“the Constitution”), as enacted by Westminster Parliament pursuant to the Common Law being the Unwritten Constitution of the United Kingdom of Great Britain and Northern Ireland as the source of Power for the Constitution, came into force in the Commonwealth, the States and Territories of Australia on the 1st January 1901 and particularised the details of the Commonwealth of Australia Public Trust restating the charge/personal property security interest created in the hands of the Peoples as beneficiaries and became enforceable in the hands of the Grantee/Chargee,
AND WHEREAS, the Constitutions of the Commonwealth, the States and Territories, cannot be at odds with the Common Law, including Trust Law & Equity as a consequence of the aforementioned Public Trust; as the Source of Power, and any statutory encroachments on Traditional Rights and Freedoms by any legislature are ultravires, invalid and unlawful,
AND WHEREAS, the office of Governor General was established by Letters patent dated 29th October 1900 and the Governor General was appointed pursuant to s61 of the Constitution to act as agent of the Queen and Her Majesty’s lawful successors,
AND WHEREAS, the relationships between the Grantors/Chargors and their lawful predecessors is that of Principal and Agent in which regard Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent,
AND WHEREAS, Sir Owen Dixon, a former Chief Justice of the High Court generally regarded as Australia’s greatest jurist, said of the Constitution:
“It is not a supreme law purporting to obtain its force from the direct expression of a peoples’ inherent authority to constitute a government. It is a statute of the British Parliament enacted in the exercise of its legal sovereignty over the law everywhere in the King’s dominions”1
Dixon attached to this characterisation of the Constitution a consequence for interpretation. The organs of government are simply institutions established by law. This contrasted with the position in the United States where they are agents for the Peoples, who are the source of the power,2
AND WHEREAS, Section 1 in Chapter I of the Constitution vests the law making power of the Commonwealth in ‘the Queen, a Senate, and a House of Representatives’, Section 51 of the Constitution sets out the majority of subjects upon which the Parliament of the Commonwealth is authorised to make laws. There are 39 heads of power in that section which specifically exclude any head of power of Public Office Holders to act outside of the aforementioned Public Trusts/ Public Interest,
AND WHEREAS, Chapter II of the Constitution deals with the Executive Government; The key provision of that Chapter is s 61, which provides:
“The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth”.
AND WHEREAS, the existence of the aforementioned Public Trusts in the maintenance of Democracy, Freedom of Expression, Human Rights, Separation of Powers, Rule of Law and Good Governance to protect and enhance the Public Interest emphasises the existence Statutory and Equitable Chargeable Personal Property Security Interest in the hands of the Grantee/Chargee over the Grantors/Chargors, is, was and always must be acknowledged by the Grantors/Chargors and their lawful predecessors in the acceptance of Public Office and passage of relevant law,
AND WHEREAS, the Constitution sets out;
108 Saving of State laws
Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.
109 Inconsistency of laws
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
AND WHEREAS, the role of the Grantors/Chargors are as Trustees and/or Agents of Trustees of the aforementioned Public Trusts in which regard the Laws of Australia /15Equity/15.14 Trustees chapter 5 sets out;
Part A – General;
15.14:66 Upon acceptance of his or her office, a trustee becomes subject to the duties and acquires the powers of that office. Duties are imperative. They compel actions or prohibit a trustee from acting in a certain way. Powers, on the other hand, are facultative. They enable a trustee to act in a certain way, but leave the trustee with a discretion as to whether she or he should so act
15.14:67 The first duty of the trustee is to obtain and acquaint himself or herself with all documents concerning the trust and with the state of the trust property.
15.14:68 The trustee must ensure that title to the trust property is vested in him or her,
- the trustee’s duty to preserve the trust property cannot be adequately carried out unless the property is under her or his control,
- if a better title to the trust property is obtainable, the trustee is obliged to activate himself or herself concerning it.
15.14:69 It is the duty of the trustees to ensure that trust property is preserved and does not fall into decay from want of repair: As a corollary, trustees may dispose of trust property of a hazardous nature: The trustee is duty bound to preserve the corpus of the trust as well as income.
15.14:83 The trustees’ duty to act personally is manifested in three principal ways.
- First, trustees must not allow their discretion to be fettered:
- Secondly, trustees must act unanimously:
- Thirdly, trustees must not delegate their powers and duties as trustees:
15.14:84 The duty to act personally requires trustees not to act under dictation or commit themselves in advance as to future conduct as trustees. Trustees must not permit others to dictate to them the manner in which the fiduciary discretion ought be exercised.
AND WHEREAS, every enactment, authority of the Common Law and/or regulation either enacted, adjudicated or otherwise by the Grantors/Chargors and/or their lawful predecessors, personally, in their roles of Public Office Holders and as Trustees of the aforementioned Public Trusts creates further registerable equitable and statutory charges/personal property security interests enforceable in the hands of the Peoples as beneficiaries of the aforementioned Public Trusts including in the Grantee/Chargee as a beneficiary and lien holder,
AND WHEREAS, while the expression of the separation of legislative and executive from judicial powers as expressed in the Constitution is sharp; the Grantors/Chargors have fraudulently and criminally corrupted Democracy, Freedom of Expression, Human Rights, Separation of Powers, Rule of Law and Good Governance (amongst other things) by ongoing admitted breaches which has led to collapse of the aforementioned Public Trusts and Equity,
AND WHEREAS, as a consequence of the aforementioned systemic corruption by the Grantors/Chargors and their lawful predecessors led to a leading decision, the Boilermakers’ Case, which re-affirmed that separation expressed in the Constitution, the Privy Council said that:
“In a federal system the absolute independence of the judiciary is the bulwark of the constitution against encroachment whether by the legislature or by the executive.”3
AND WHEREAS, The High Court said in 1996:
“The Constitution reflects the broad principle that, subject to the Westminster system of responsible government, the powers in each category – whose character is determined according to traditional British conceptions – are vested in and are to be exercised by separate organs of government. The functions of government are not separated because the powers of one branch could not be exercised effectively by the repository of the powers of another branch. To the contrary, the separation of functions is designed to provide checks and balances on the exercise of power by the respective organs of government in which the powers are reposed.4 (footnotes omitted)
AND WHEREAS, the Grantee/Chargee was issued a Birth Certificate on the 11th April 1957 pursuant to which the Grantors/Chargors entered a contract with the Grantee/Chargee whereby the Grantors/Chargors guaranteed and indemnified the Grantee/Chargee in respect to the operation of Rule of Law and Equity, and the performance of the Grantors/Chargors in respect to the Grantee/Chargee’s Human Rights and the aforementioned Public Trusts pursuant to the Charters of the Commonwealth of Nations and the Unite Nations, Rule of Law, Separation of Powers and the Constitution, and in so doing equitably charged the assets of the Grantors/Chargors to the Grantee/Chargee, whether the Grantors/Chargors are Corporate entities or otherwise, creating a personal property security interest within the meaning of the Personal Property Security Act 2009 (Cth) (“PSA”),
AND WHEREAS, the Grantors/Chargors enacted the Public Interest Disclosure Act 2013 (Cth) which received Royal Assent on the 15th July 2013 and the Public Governance Performance and Accountability Act 2013 (Cth) which received Royal assent on the 29th June 2013 following the execution of the Charter of the Commonwealth of Nations by the Grantors/Chargors thereby binding the Grantors/Chargors and creating a further Equitable and Statutory Charge/Personal Property Security Interest in favour of the Beneficiaries of the aforementioned Public Trusts and subsequently in the hands of the Grantee/Chargee,
AND WHEREAS, at all relevant times the Commonwealth Attorney General as the relevant minister has failed in his duty to publish the Public Interest Disclosure Act Rules and failed in his duty to make available Public Interest Test Case funding in order to facilitate the ventilation of issues in the Public Interest for determination by the Courts and has vacated his role of Champion of the Public Interest (Annexure 1; Cabinet Paper on Role of Attorney General)
AND WHEREAS, the lawful predecessors of the Grantors/Chargors and the Grantors/Chargors have enacted Law causing statutory encroachments of traditional rights and freedoms (Annexure 2; Statutory Encroachments on Traditional Rights and Freedoms ) which encroachments are obstructions of the operation of Justice and breaches of s42 & s43 of the Crimes Act 1914 (Cth) as indictable offences under Informations actionable by;
- the beneficiaries of the aforementioned Trusts including the Grantee/Chargee as private prosecutions,
- the Attorneys General of the Commonwealth, States & Territories of Australia under s69 of the Judiciary Act 1903 (Cth)
- the Grantors/Chargors who have not brought those
AND WHEREAS, the Commonwealth Ombudsman, the Inspector General of Bankruptcy, ASIC The Inspector General of Taxation, APRA, the Reserve Bank of Australia, and other State and Federal Regulators have weaponised Statute and the Monetary System against the Beneficiaries of the aforementioned Trusts in order to perpetuate Tax Revenues that are Ill Gotten being multiple Indictable Offences some of which have been set out in Indictments and Informations Filed and served in the Court System (Annexure 3; Informations and Indictments filed and served in NSD 1848 of 2018; Rubis & Ors v Garrett & Ors v Regina & Ors) and with the Commonwealth Ombudsman as Grantor/Chargor (Annexure 4; PID Briefing Note & 8 X Annexures and 37 X Addendums & Annexures)
AND WHEREAS, the judicial power of the Commonwealth is vested, by s 71 of the Constitution, in the High Court of Australia and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. Through the Judiciary Act 1903 (Cth) the Parliament has invested the High Court and the Federal Court and the courts of the various States with jurisdiction in matters arising under the Constitution, or involving its interpretation.
AND WHEREAS, the following Notices of Constitutional Matters issued under s78B of the Judiciary Act 1903 (Cth) have been filed and served on the Grantors/Chargors in respect to various proceedings in courts of law and have not been heard by the Grantors/Chargors creating events of default by the Grantors/Chargors under the aforementioned Public Trusts and equitable and Statutory Charges;
a. SASC 127 of 2004 dated 20th February 2006
b. SASC 127 of 2004 dated 14th May 2006
c. SASC 127 of 2004 dated 26th May 2006
d. SASC 127 of 2004 dated 28th May 2006
e. SASC 1342 of 2007 dated 24th June 2008
f. SASC 1499 of 2006 dated 14th December 2015
g. SASC 248 of 2015 dated 11th November 2015
h. SASC 1393 of 2014 dated 11th November 2015
i. SASC 524 of 2006 dated 29th June 2016
j. VID 158 of 2015 dated 24th July 2015
k. VID 159 of 2015 dated 24th July 2015
l. VID 160 of 2015 dated 24th July 2015
m. VID 161 of 2015 dated 24th July 2015
n. VID 162 of 2015 dated 24th July 2015
o. VID 163 of 2015 dated 24th July 2015
p. VID 164 of 2015 dated 24th July 2015
q. VID 165 of 2015 dated 24th July 2015
r. VID 166 of 2015 dated 24th July 2015
s. VID 129 of 2015 dated 15th December 2015
t. VID 584 of 2014 dated 18th November 2015
u. NSW 1848 of 2018 dated 21st October 2018
v. NSW 1848 of 2018 dated 11th November 2018
w. NSW 1848 of 2018 dated 14th November 2018
w. NSW 1848 of 2018 dated 21st November 2018
AND WHEREAS, the Grantors/Chargors have acted ultravires, unlawfully, invalidly, fraudulently and criminally in breach of the Public Interest and the aforementioned Public Trusts being;
- breaches of the aforementioned Public Trusts by the Trustees/Agents of the Trustees, the Grantors/Chargors
- defaults by the Trustees of the aforementioned equitable and statutory charges/personal property security interests that are the properties of the Grantee/Chargee
AND WHEREAS, the lawful predecessors of the Grantors/Chargors bound the Grantors/Chargors and enacted the Real Property Act 1888 (SA) which relevantly applies to real estate owned or controlled by the Grantee/Chargee at all relevant times prior to the 17th July 2003 which enactment sets out the following provisions;
Person to whom certificate or other instrument of title has been issued in error, or who wrongfully retains such instrument, may be summoned
60. In case it shall appear to the satisfaction of the Registrar General that any certificate or other instrument has been issued in error or contains any misdescription of land or of boundaries, or that any entry or endorsement has been made in error on any certificate or other instrument, or that any certificate, instrument, entry, or endorsement has been fraudulently or wrongfully obtained, or that any certificate or instrument is fraudulently or wrongfully retained, he may summon the person to whom such certificate or instrument has been so issued, or by whom it has been so obtained or is retained, to deliver up the same for the purpose of being cancelled or corrected, as the case may require.
Title of registered proprietor indefeasible, except in cases of-
69. The title of every registered proprietor of land shall, subject to such encumbrances, liens, estates, or interests as may be notified on the original certificate of such land, be absolute and indefeasible, subject only to the following qualifications:
- in the case of fraud, in which case any person defrauded shall have all rights and remedies that he would have had if the land were not under the provisions of this Act: Provided that nothing included in this subsection shall affect the title of a registered proprietor who has taken bona fide for valuable consideration, or any person bona fide claiming through or under him;
Purchases from registered proprietor not to be affected by notice
186. No person contracting or dealing with, or taking or proposing to take a transfer or other instrument from the registered proprietor of any estate or interest in land shall be required, or in any manner concerned, to inquire into or ascertain the circumstances under, or the consideration for, which such registered proprietor or any previous registered proprietor of such estate or interest is or was registered, or to see to the application of the purchase money, nor be affected by notice direct or constructive of any trust or unregistered interest, any law or equity to the contrary notwithstanding.
Except in case of fraud
187. The last preceding section shall not protect any person who has acted fraudulently or been a party to fraud, but the contracting, or dealing, or taking, or proposing to take a transfer or other instrument as aforesaid, with actual knowledge of any trust, charge, or unregistered instrument, shall not of itself be imputed as fraud.
Party deprived of land may sue for compensation
203. Any person deprived of land in consequence of fraud, or through the bringing of such land under the provisions of this Act, or of any Act hereby repealed, or by the registration of any other person as proprietor of such land, or in consequence of any error, omission, or misdescription in any certificate, or in any entry or memorial in the Register Book, may bring and prosecute an action at law for the recovery of compensation against the person upon whose application such land was brought under the provisions of this Act, or of any Act hereby repealed, or such erroneous registration was made, or who acquired title to the land through such fraud, error, omission, or misdescription.
Exoneration of proprietor after transfer for value, except in certain cases
204. Except in the case of fraud, or of error occasioned by any omission, misrepresentation, or misdescription in the application of such person to bring the land under the provisions of this Act, or of any of the Acts hereby repealed, or to be registered as proprietor of such land, or in any instrument executed by him, such person shall, upon a transfer of such land, bona fide for value, cease to be liable for the payment of any compensation which but for such transfer might have been recovered from him under the provisions herein contained.
Proceedings against the Registrar General, as nominal defendant
205. In any such case of cesser of liability, and also in any case where the person against whom such action for compensation is permitted to be brought as aforesaid shall be dead, or shall have become bankrupt or made a statutory assignment, or cannot be found within the jurisdiction of the Court or there is any other reason why compensation cannot be fully recovered from that person, it shall be lawful to take proceedings against the Registrar General, as nominal defendant, as hereinafter provided, for the purpose of recovering the amount of the compensation or costs, or so much of that amount as cannot be recovered from the person referred to above, from the Assurance Fund.
Purchasers etc protected
207. Nothing in this Act contained shall leave subject to action for recovery of compensation as aforesaid, or to action for recovery of possession of land, or to deprivation of the estate or interest in respect of which he is registered as proprietor, any transferee, mortgagee, encumbrancee, or lessee, bona fide for valuable consideration of land on the ground that the proprietor, through or under whom he claims, or any previous proprietor has been registered as proprietor through fraud or error, whether such fraud or error shall consist in wrong description of boundaries, or parcels, or otherwise howsoever.
Part 19-Special powers and duties of Registrar General
Powers of Registrar General
220. The Registrar General may exercise the following powers, that is to say-
To enter caveats
(g) he may, on behalf of His Majesty, His heirs or successors, or for the prevention of any fraud or improper dealing, or in any case in which it shall appear to him that an error has been made by misdescription or otherwise in any instrument, or for the protection of any person absent from the State, or under the disability of infancy, coverture or mental incapacity enter caveats forbidding the registration of any instrument, transmission, or dealing affecting any land;
Indictable offences under this Act
229. If any person is guilty of the following offences, or any of them (that is to say)-
- forges or procures to be forged or assists in forging or fraudulently affixes procures to be affixed or assists in affixing the seal of the Registrar General, or an impression or part of an impression of such seal to any instrument;
- forges or procures to be forged or assists in forging the name, signature, or handwriting of the Registrar General or of any officer in any case where such officer is by this Act expressly or impliedly authorised to affix his signature;
- fraudulently stamps or causes to be stamped any document with the seal of the Registrar-General or with a seal purporting to be the seal of the Registrar-General;
- forges or procures to be forged or assists in forging the name, signature, or handwriting of any person whomsoever, to any instrument which is by this Act, or in pursuance of any power contained in this Act, expressly or impliedly authorised to be signed by such person;
- uses, with an intention to defraud any person whomsoever, any document upon which any impression or part of the impression of any seal of the Registrar General has been forged, or fraudulently affixed knowing the same to be fraudulently affixed, or any document the signature to which has been forged knowing the same to have been forged,
such person shall be guilty of an indictable offence.
Penalty: Imprisonment for 14 years.
233. A person who-
- wilfully and fraudulently makes any false statement in any application to bring land under the provisions of this Act, or in any application to be registered as proprietor, whether in possession, reversion, remainder, or otherwise on a transmission, or in any other application to be registered under this Act as proprietor of any land, or any estate or interest in any land;
- wilfully and fraudulently suppresses, withholds, or conceals, or assists, or joins in, or is privy to the suppressing, withholding, or concealing from the Registrar General, the Acting Registrar General, or any Deputy Registrar General any material document, fact, or matter of information;
- wilfully and fraudulently gives false evidence, or makes a false statement in his examination before the Registrar General, the Acting Registrar General, or any Deputy Registrar General;
- without lawful authority and knowing that no such authority exists intentionally alters or causes to be altered-
- an original certificate of title filed in the Register Book or the duplicate of such a certificate; or
- records made by the Registrar-General by an electronic, electromagnetic, optical or photographic process under Division 2 of Part 5 or a certificate of title issued under that Division; or
- any instrument comprising part of the Register Book; or
- any instrument or form issued by the Registrar-General;
- fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar General;
- knowingly misleads or deceives any person hereinbefore authorised to demand explanation or information in respect of any land, or the title to any land, which is the subject of any application to bring the same under the provisions of this Act, or in respect of which any instrument or dealing is proposed to be registered or recorded,
is guilty of an indictable offence.
Penalty: $40 000 or imprisonment for 10 years.
Certificate etc procured by fraud to be void
234. Any certificate, instrument, entry, erasure, or alteration procured, or made by fraud as in the last preceding section mentioned shall, whether there shall be a conviction under such section or not, be void as regards all parties or privies to such fraud.
Equities not abolished
249. (1) Nothing contained in this Act shall affect the jurisdiction of the Courts of law and equity in cases of actual fraud or over contracts or agreements for the sale or other disposition of land or over equities generally.
AND WHEREAS, the lawful predecessors of the Grantors/Chargors bound the Grantors/Chargors and enacted the Registration of Deeds Act 1935 (SA) which received Royal Assent on the 21st November 1935 thereby creating a further Equitable & Statutory Charge/Personal Property Security Interest over the assets of the Grantors/Chargors in favour of Peoples of State of South Australia and the Commonwealth of Australia including the Grantee/Chargee which relevantly sets out;
8—Neglect of duty by registrar
If the registrar wilfully neglects his duty in the execution of his office according to the provisions of this Act or wilfully commits or suffers to be committed any undue or fraudulent practice in the execution of his office, he shall pay treble damages with full costs of suit to every person injured thereby, to be recovered by action of debt in the Supreme Court.
25—Effect of certificate of discharge
(1) The entry, on the memorial of a mortgage, that that mortgage is satisfied, shall be sufficient evidence that the estate of the mortgagee in the land comprised in the mortgage is vested in the person entitled to the equity of redemption thereof, as from the day of the date of such entry, freed and discharged from the mortgage, and from the sum of money thereby secured: Provided that it shall nevertheless be lawful to impeach such entry by showing that the certificate to which the same refers has been obtained by fraud
10—Instruments to be registered and the effect of registration
(1) Every deed, conveyance, or contract in writing, other than a lease for a term not exceeding three years, and every will and every judgment (other than a judgment or recognizance entered into in the name and on account of His Majesty) whereby land may be in any way affected in law or equity may be registered under this Act.
(2) Every such deed, conveyance, contract, or judgment shall, if executed, made, or obtained after the first of March, 1842, be fraudulent and void at law and in equity against any subsequent registered purchaser, mortgagee, or party for or upon valuable consideration unless a memorial thereof is registered under this Act before the registration of the memorial of the deed or conveyance, contract, or judgment under which the subsequent purchaser, mortgagee, or party claims.
(3) Every devise by will shall, if the testator died or dies after the first of March, 1842, be fraudulent and void against any subsequent registered purchaser or mortgagee for or upon valuable consideration and against any bona fide registered party having subsequent judgment unless a memorial of the will is registered in accordance with this Part.
(4) This section applies notwithstanding that before or at the time of the making of the subsequent deed, conveyance, or contract or of the entering or acknowledging of the subsequent judgment, the subsequent purchaser or mortgagee had notice of the prior deed, conveyance, contract, judgment, or devise.
44—Evidentiary effect of registrar’s certificate
(2) When any instrument, memorial, or office copy is produced under subsection (1) of this section the party against whom it is produced may give notice by his pleading or otherwise to the satisfaction of the court that he intends to dispute the execution of the instrument or the truth of the memorial, copy, or certificate on the ground of fraud, forgery, or other cause of a like nature, for example, insanity, imbecility, or duress of the person whose execution of or signature to a document is disputed; and the onus of proving such fraud, forgery, or other cause shall in the first instance lie on the party giving the notice
AND WHEREAS, the Registrar of Deeds and the Registrar General have wilfully and fraudulently neglected their public duty to act in the public interest under the aforementioned trusts and are, were and always have been (as with every person holding Public Office) indemnified by the Grantors/Chargors in respect to loss, costs and damages to the Peoples arising from the Registrar’s conduct which statute and indemnity creates registerable statutory and equitable charges/personal property security interests in the hands of the Grantee/Chargee over the assets of the Grantorts/Chargors,
AND WHEREAS, Christopher Kourakis acting in his capacity as;
- Crown Solicitor, did knowingly and wilfully;
- cause false affidavit materials to be sworn and served in SASC-422-2005 & SACS-423-2005 and has at all relevant times breached the principles of Rule of Law and Separation of Powers in order to conceal his corrupt conduct and the corrupt conduct of the Attorney General and Premier of South Australia the Breaches of the First and Second Contracts of Finance and corrupt conduct of National Australia Bank Limited (NAB), Counsel instructed by NAB and by the Grantee/Chargee and the Decision makers listed in an interlocutory application dated 21st October 2018 filed and served in NSD-1848-2018; Rubis & Ors v Garrett & Ors v Regina & Ors under the aforementioned Trusts for which the Grantors/Chargors are and always have been criminally and civilly vicariously liable.
- instruct justices of the Adelaide Federal Magistrates Court, Adelaide Magistrates Court, the District Court of South Australia, the Supreme Court of South Australia, the Federal Court of Australia and the High Court of Australia to avoid the evidence and misstate the facts as the ultimate injustice in proceedings in those courts involving the Grantee/Chargee
- Chief Justice of the Supreme Court of South Australia, did knowingly and wilfully instruct justices of the District Court of South Australia and the Supreme Court of South Australia to avoid the evidence and misstate the facts as the ultimate injustice in proceedings in those courts involving the Grantee/Chargee
AND WHEREAS, the Supreme Court of South Australia Act 1935 (SA) creates a statutory and equitable charge in favour of the Peoples over the Chief Justice of that Court in which regard the Grantee/Chargee registered the aforementioned charge/ personal property security interest over Chris Kourakis on the Personal Property Security Register (“PPSR”) which was given PPSR Registration Number; 201610250009815;
The Chief Justice
9A. (1) The Chief Justice is the principal judicial officer of the court.
(2) The Chief Justice is responsible for the administration of the court.
AND WHEREAS, the Federal Court of Australia Act 1976 (Cth) creates a statutory and equitable charge in favour of the Peoples over the Chief Justice of that Court in which regard the Grantee/Chargee registered the aforementioned charge/ personal property security interest over Chief Justice Anthony Baines Alsop on PPSR which was given PPSR Registration Number; 201611200001961;
4A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
15 Arrangement of business of Court
Responsibility of Chief Justice
- The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.
(1AC) Despite section 39B of the Judiciary Act 1903, the Court does not have jurisdiction with respect to a matter relating to the exercise by the Chief Justice of the functions or powers mentioned in subsection (1AA), (1AAA) or (1AAB).
18A Management of administrative affairs of Court
(1) The Chief Justice is responsible for managing the administrative affairs of the Court.
(2) For that purpose, the Chief Justice has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:
(a) entering into contracts; and
(b) acquiring or disposing of personal property.
18BA Arrangements with agencies or organisations
(1) The Chief Justice may arrange with the chief executive officer (however described) of:
(a) an agency of the Commonwealth, a State or a Territory; or
(b) another organisation;
for an employee or employees of the agency or organisation to:
(c) receive, on behalf of the Court, documents to be lodged with or filed in the Court; or
(d) perform, on behalf of the Court, other non judicial functions of the Court.
(2) If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Court, the employee may perform that function despite any other provision of this Act or any other law of the Commonwealth.
(3) A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.
(4) Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.
18W Delegation of administrative powers of Chief Justice
The Chief Justice may, in writing, delegate all or any of his or her powers under section 18A to any one or more of the Judges.
18X Proceedings arising out of administration of Court
Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Court under this Part, including any proceeding relating to anything done by the Registrar under this Part, may be instituted by or against the Commonwealth, as the case requires.
18XA Protection of persons involved in handling etc. complaints
(1) In exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court.
(2) In authorising a person or body under subsection 15(1AAB), the Chief Justice has the same protection and immunity as a Justice of the High Court.
(3) A witness requested to attend, or appearing, before a complaint handler handling a complaint has the same protection, and is subject to the same liabilities in a proceeding, as a witness in a case tried by the High Court.
(4) A lawyer assisting, or appearing on behalf of a person before, a complaint handler handling a complaint has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
AND WHEREAS , the duties of the Grantors/Chargors to cause the operation of an open and transparent system of Responsible Government are in breach being multiple indictable offences under the aforementioned law and breaches/defaults of the aforementioned Public Trusts and the Aforementioned Statutory and Equitable Charges/Personal Property Security Interests held by the Grantee/Chargee and the Peoples including failure to provide access to personal information of the Grantee/Chargee in which regard ALRC 77 sets out as follows;
2. Government information in a democratic society
2.1 Since the development of the system of democratic government, tension has existed between the elected and the electorate as to how much the former should tell the latter.5 The enactment of the FOI Act in 1982 brought about a fundamental change in the law in Australia relating to access to government-held information and challenged the boundaries of government secrecy.6 It had particular significance because it was the first national FOI legislation in a country with a Westminster style of responsible government. This chapter outlines the objectives of the FOI Act, explains why access to government information is important and identifies a number of deficiencies in the Act and its current administration.
The importance of government information being accessible
The objectives of the FOI Act
2.2 The FOI Act provides a right of access to information in the possession of government departments and agencies. The fundamental reason for providing this right is to ensure open and accountable government. In 1979 the Senate Standing Committee on Legal and Constitutional Affairs identified three objectives of FOI legislation: to increase public scrutiny and accountability of government, to increase the level of public participation in the processes of policy making and government and to provide access to personal information.7 The objectives cited in the first annual FOI report include
- to improve the quality of agency decision making
- to enable citizens to be kept informed of the functioning of the decision making process as it affects them and to know the criteria that will be applied in making these decisions and
- to develop the quality of political democracy by giving all Australians the opportunity to participate fully in the political process. 8
It is clear that access to information is closely related to the notion of a healthy democracy.
Information and representative democracy
2.3 Australia is a representative democracy. The Constitution gives the people ultimate control over the government, exercised through the election of the members of Parliament. The effective operation of representative democracy depends on the people being able to scrutinise, discuss and contribute to government decision making. To do this, they need information. While much material about government operations is provided voluntarily and legislation must be published, the FOI Act has an important role to play in enhancing the proper working of our representative democracy by giving individuals the right to demand that specific documents be disclosed. Such access to information permits the government to be assessed and enables people to participate more effectively in the policy and decision making processes of the government.9
“Citizens in a representative democracy have the right to seek to participate in and influence the processes of government decision-making and policy formulation on any issue of concern to them … The importance of FOI legislation is that it provides the means for a person to have access to the knowledge and information that will assist a more meaningful and effective exercise of that right.” 10
Without information, people cannot adequately exercise their rights and responsibilities as citizens or make informed choices. 11 Government information is a national resource. Its availability and dissemination are important for the economic and social well-being of society generally.
“Information is the currency that we all require to participate in the life and governance of our society. The greater the access we have to information, the greater will be the responsiveness of our governments to community needs, wants, ideas and creativity. Alternatively, the greater the restrictions that are placed on access, the greater the feeling of ‘powerlessness’ and alienation.” 12
Information enhances the accountability of government. It ensures that members of Parliament are aware of the activities of the Executive, which is especially important in light of the imbalance in power between
them. 13 Information is an important defence against corruption.
“Freedom of information is but one important weapon in exposing potentially corrupt activity.”14
Access to one’s own personal information not only promotes government accountability but also enables individuals to protect their privacy. 15 Some commentators regard such access as particularly important in light of developments in information technology, which have significantly increased the volume of information government can collect and the ease with which it can be transferred and manipulated.
The High Court on representative democracy
2.4 The High Court in the ‘free speech cases’ demonstrated the importance it places on ensuring the proper working of representative democracy. 16 The Court determined that freedom of public discussion of government (including the institutions and agencies of government) is not merely a desirable political privilege, but inherent in the idea of a representative democracy. It held that the Constitution contains an implied freedom of political speech and communications. Although the High Court did not go so far as to suggest that a right of access to government information is constitutionally guaranteed, the view of the Court indirectly supports FOI objectives and suggests that it is important for Australia that the FOI Act functions properly and is interpreted in a way that promotes the disclosure of information.
“The reasoning in the political speech cases is very relevant for FOI and requires that the democratic rationale of the Act be given more weight than in the past. The AAT must now err more on the side of disclosure to ensure that the important values identified in the political speech cases are complemented by the right conferred by the Act.” 17
The Constitutional implication of free speech identified by the High Court also casts doubt on the appropriateness of those legislative provisions founded on the exaggerated notion that executive secrecy is in the public interest.18
International covenants and FOI
2.5 Australia’s accession to the International Covenant on Civil and Political Rights (ICCPR) may also be relevant to the interpretation of the FOI Act. Article 17 supports the right to have access to one’s own personal information and to have it amended if it is incorrect. Article 19(2) of the ICCPR guarantees a right to freedom of expression, which expressly includes freedom to seek information. It is not clear, however, whether the right to seek information obliges States to guarantee access to State-held information. For jurisdictions like Australia that already have FOI legislation the question whether a right of access is guaranteed by the ICCPR is, as a practical matter, relevant only from the point of view of interpretation. If the right of access provided by the FOI Act were to be recognised as a fundamental human right, it is possible that the content of that right may influence the interpretation of the Act.
AND WHEREAS , between today’s date and the 19th January 1994 the Grantors/Chargors have admitted facts, liability and indebtedness to the Grantee/Chargee that have been the subject of numerous Common Law Notices to Admit Facts and Letters of Demand for Payment of admitted Debts and Liabilities including, but not limited to, those shown at annexure 5 (Annexure 5; Notices of Admissions of Facts, Debts and Liability dated the 30th September 2018, 17th December2018, 9th January 2019, 21st February 2019, 9th April 2019, 3rd May 2019 and 29th May 2019)
AND WHEREAS, liquidity is communication and monetisation of value that is the property of the Peoples, including the Grantee/Chargee, by Bankers, domestically and abroad that is subject to Democracy, Freedom of Expression, Human Rights, Right to Remedy, Separation of Powers, Rule of Law and Good Governance (amongst other things) and maintenance of Reputation, Property, Intellectual Property, Right to a Fair Hearing, Rights of Privacy and otherwise (Annexure 6; Commonwealth Attorney General Webpages relating to the International Covenant of Civil and Political Rights) in order to cause monetisation of value the property of the Peoples in the hands of Bankers (which relationship between Customer and Bank is respectively that of Creditor and Debtor), licensed by the Grantors/Chargors as agents for the Grantors/Chargors or otherwise, which decisions by Bankers to accept Charges/Security Interests over Value belonging to the Peoples, including the value of the Grantee/Chargee as set out in the preceding paragraph, and subsequently to Monetise, must be made in the Public Interest, and not in of the Grantors/Chargors in order to conceal the systemic corruption of the Grantors/Chargors and their Lawful Predecessors that is the subject of the various annexures to this Notice by holding the Peoples and/or the Grantee/Chargee impecunious and unable to engage counsel without Public Interest Test Case Funding Support granted by the Attorney Generals of the Commonwealth, the States and Territories,
AND WHEREAS, Banker licensees authorised by the Grantors/Chargors and/or their lawful predecessors, other licensees/agents of the Grantors/Chargors and their lawful predecessors in the Aged Care Sector, Child Care Sector, Financial Sector, Regulatory Sector, Insurance Sector, Healthcare Sector, Insurance Sector are systemically corrupt and act in their own interests are in breach of their Public Duties to make decisions in the Public Interest as found by various Royal Commissioners and published in reports.
AND WHEREAS, The Royal Commissioner Reports are Reports tailored to ensure that the Grantors/Chargors, and their lawful predecessors, are not held to account and never face the full force of the law including Informations and Indictments that are the Public Duty of the Attorney Generals to bring, but are not brought, in the public interest,
AND WHEREAS, the Grantors/Chargors have attached the reputation of the Grantee/Chargee by bringing Criminal Charges as an abuse of process/breaches of the aforementioned Public Trusts, s39B of the Judiciary Act 1903 (Cth), s75(v) of the Constitution, treaties and is obstruction of Justice being Criminal Indictable Offences by the Grantors/ Chargors pursuant to the principles of Civil and criminal vicarious liability under s42 & s43 of the Crimes Act 1914 (Cth) as set out in Annexure 5 to this Notice; Letter of Demand for Payment dated 29th May 2019 and by corrupt manipulation of journalists engaged by News Limited and Media Channels related to Rupert Murdoch,
AND WHEREAS, in order to frustrate the monetisation of secured value, the property of the Grantee/Chargee, by Bankers, Domestically and Abroad the Grantors/Chargors have unlawfully, invalidly, wilfully and criminally neglected their public duty and have;
- by the actions the Australian Government Solicitors Office/the Commonwealth Attorney General/Department Home Affairs/ Commissioner of Taxation/ASIC/APRA/Financial Ombudsman/ Financial Services Complaints Authority/Inspector General of Taxation/ Inspector General of Bankruptcy/AFSA/Reserve Bank of Australia/Administrative Appeals Tribunal/Federal Circuit Court of Australia/Federal Court of Australia/High Court of Australia/Supreme Courts of South Australia and Victoria/District Court of South Australia/Parliament of Australia (Senate & House of Representatives) amongst other Grantors/Chargors;
- failing to pass resolutions in the House of Representatives and the Senate to establish a Parliamentary Judicial Enquiry Committee pursuant to the provisions of the Judiciary (Incapacity and Misbehaviour) Act 2012 (Cth)
- failing to enact in the Public Interest as a matter of urgency;
- Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017
- Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017
- Freedom of Information Legislation Amendment (Improving Access and Transparency) Bill 2018
- the National Integrity Commission Bill 2018
- Treasury Laws Amendment (APRA Governance) Bill 2018
- Banking System Reform (Separation of Banks) Bill 2018 not proceeding before the House of Representatives
- Banking System Reform (Separation of Banks) Bill 2019 before the Senate
- Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 [Provisions]
- Failing to complete the following inquiries;
- Review of the Four Major Banks
- Resolution of disputes with financial service providers within the justice system
- by the actions of Trevor Coulter, Neville Thomas, other employees of the Commissioner of Taxation and the Commissioner of Taxation;
- criminally, unlawfully, fraudulently and invalidly approaching business associates of the Grantee/Chargee and defaming the Grantee/Chargee alleging the business activities of the Grantee/Charge were a Fraud thereby damaging the reputation of the Grantee/Chargee and yet failing to bring any such Informations to the attention of the Commonwealth Director of Public Prosecutions/the Attorneys General,
- Prior to the 24th April 2018 garnishing accounts of entities related to the Grantee/Chargee without any lawful entitlement including $58,000 removed (stolen) from the account of Island Bio Energy Australia,
- On the 24th April 2018 telephoning the vendors of the issued capital of Progressive People Australia Pty Ltd and defaming the Grantee/Chargee so that the Vendors withdrew from Heads of Agreement to sell that issued capital dated the same day as the commencement of AMC-18-5575; Regina v Andrew Garrett
- Fraudulently removing of at least $34,000 (Theft) from the Tax Account of Grain Master Pty Ltd as an entity related to the Grantee/Chargee
- Breaching the Human Rights of the Grantee/Chargee to reputation, privacy, property. intellectual property, freedom of speech, freedom of travel amongst other things
- Harassing business associates related to the Grantee/Chargee
- Publishing audits in respect to the Grantee/Chargee and related entities that were false misleading and deceptive and were at all relevant times a Fraud on the Courts and Tribunals of Australia,
- Frustrating the rights of the Grantee/Chargee to receive payment from the Grantors/Chargors in respect to admitted facts and liabilities ,
- Frustrating the rights of the Grantee/Chargee to the equitable right of set off,
- Variously failing to exercise their powers and Public Trust to act in the Public Interest,
- Failing to consent to orders to set aside the default judgment in DCCIV-1666-2003; Deputy Commissioner of Taxation v Andrew Garrett as Trustee for the Andrew Garrett Family Trust
- Interfering with the Intellectual Property and other Human Rights the property of the Grantee/Chargee by allowing;
- Treasury Wine Estates Vintners Limited (“TWEV”) to file and serve 24 False affidavits and refusing the Grantee/Chargee permission to cross examine the deponents of the False Affidavits thereby prompting Perjury of officers of the Crown
- Make Wine Pty Ltd to trade with the Reputation and Name of the Grantee/Chargee in circumstances where TWEV was in breach of a Deed of Settlement dated 26th July 2000 between the Grantee/Chargee and TWEV thereby frustrating the Grantee’s/Chargee’s rights under the resultant equitable/contractual Charge/Personal Property Security Interest over TWEV and the parent entities of TWEV at various times
- The Grantors/Chargors to frustrate interfere and delay the development of 40 years of experience expressed as OenoViva Global, OenoViva Business Systems, OenoViva Artisans, OenoViva Hand Crafting, OenoViva Capital Resources, OenoViva Digital Coin and otherwise.
- Avoiding the facts set out in Freedom of Information Act releases from the Australian Taxation Office variously dated June 2014 – March 2015 that has been the subject of affidavits and submissions to courts and tribunal on no less than 32 separate occasions including most recently during the lawful exercise of Search Warrants dated February 2017,
- Unlawfully and invalidly cancelling amending activity statements of the Trustee of the Andrew Garrett Family Trust lodged by the Grantee/Chargee in accordance with the instructions of the Commissioner of Taxation in order to avoid paying compensation for a sequestration order that was wrongfully obtained and the trespasses of Peter Ivan Macks and Stephen James Duncan on the Banrupt Estate of the Grantee/Chargee
- following, menacing and confronting Amit Shilotri, as agent for the Grantee/ Chargee, in Kuala Lumpur during the period 16th-23rd September 2016 when negotiating valid Financial Instruments/UNCITRAL International Bills of Exchange drawn by the Grantee/Chargee while communicating value in paper format
- acting under information obtained unlawfully by the Grantors/Chargors, more particularly officers of the Commissioner of Taxation including Trevor Coulter and Neville Thomas (but not limited to), through criminal/ unlawful/invalid electronic surveillance of the email accounts and telecommunication platforms the property of the Grantee/Chargee in the period 25th June 2012 until today’s date,
- interfering with Judicial processes in proceedings set out as annexure 1 to Notice of Constitutional Matters filed and served in NSD 1848 of 2018; Rubis & Ors v Garrett & Ors v Registrar of the SA v Regina & Ors including making of sequestration orders on the 24th September 2004 and 15th May 2015 against the Grantee/Chargee in respect to alleged debts that could not and did not lawfully exist
- Swearing false affidavit materials in respect to the aforementioned alleged debts
- Breaching the Tribunal obligations to inquire and act in the Public Interest
- interfering with Bankers, domestically and abroad in the monetisation of value arising from;
- Debt Collection processes managed by the Grantee/Chargee arising from a Deed of Assignment of Debt and Security dated 27th June 2017 and subsequent Deed of Variation dated 1st February 2018 and subsequent Notices of Crystallisation of Charges/Seizure of Collateral issued against under Charges and Personal Guarantees,
- The purchase of Wood Pellet Production equipment and business trading as Island Bio Energy Australia,
- Land and buildings located at;
- Duncan Street Montrose,
- 19 A Rawson Street, Croydon Park, NSW
- Westerway, Tasmania,
- Relbia, Tasmania,
- Mount Carey, Adelaide Hills,
- Leawood Gardens, Adelaide,
- Yarra Valley,
- Langhorne Creek,
- Southwharf, Melbourne
- Cowper Wharf Road Woolloomooloo
- 25 Powell Street, East Killara
- Otherwise related to the Grantee/Chargee
- Publishing International Notice and threat against the International Banking Community dated on or about November 2018 – January 2019
- interfering with an executed arm’s length commercial contract dated 4th December 2018
- appointing three investigators purportedly representing the International Anti-Money Laundering Authority;
- interfering with Power of Attorney and other agents of the Grantee/Chargee in Riyadh, Saudi Arabia communicating value in respect to Financial Instruments Drawn by the Grantee/Chargee,
- The aforementioned three agents seeking payment by 4 X Cash Bank Cheques in the amounts of AUD $250 Million to facilitate the monetisation of the aforementioned
- Promoting and publishing AMC-18-5575; Regina v Garrett to representatives of the Grantee/Chargee and otherwise
- Passage of the Telecommunications Amendments (Access & Assistance) Act 2018 on the 8th December 2018
- Failing to establish and account in the Name of the Australian People Future Fund between the 30th April – 21st May 2018 in the public interest with the Reserve Bank of Australia
- Otherwise the subject of the Model Litigant Obligations to fully disclose all material facts and otherwise comply with the obligations of open and transparent government.
- Failing to obtain certification of Compliance with the Legal Services Directions 2017 and predecessor Directions from the Office of Legal Services Co-Ordination when bring and/or defending court proceedings
- Making Vexatious Litigant orders/findings as a barrier to justice (obstruction) as indictable offences under s42 & s43 of the Crimes Act 1914 (Cth) in circumstances where the Grantors/Chargors are hopelessly conflicted as a consequence of pecuniary interests, which orders have been made on no less than 10 separate occasion against the Grantee/Chargee under;
- S39 of the Supreme Court of South Australia Act 1935 (SA)
- S89K of the Freedom of Information Act 1982 (Cth) as a barrier to release of personal information in the possession and control of the Commissioner of Taxation, The Federal Court of Australia and the Federal Circuit Court of Australia
- S37AO of the Federal Court of Australia Act 1976 (Cth)
- caused the Registrar of the Personal Property Security Act to fraudulently and criminally remove registrations of the aforementioned Statutory and Equitable Charges/ Personal Property Security Interest in order to obstruct the operation of Justice by making alleged decision that are ultravires/invalid & unlawful dated as follows in respect to the registration Numbers set out below (but not limited to);
20th December 2018; Attachment 1 to Decision in respect to ENQ-1106088-K9B4C2; 201605190017490, 201605220000515, 201606020050311, 201607030000346, 201608020065495, 201608130013223, 201608130013299, 201608270013008, 201608290078334, 201609080095604, 201609080097303, 201609080121100, 201609120009201, 201611280081228, 201801290020993, 201805140023684, 201808290011555, 201809070096183, 201809170059490, 201812270025300
20th December 2018; Attachment 2 to Decision in respect to ENQ-1106088-K9B4C2; 201205250018230, 201205250050290, 201207200074409, 201207220000511, 201207280005469, 201207280005532, 201301240021266, 201301250066875, 201301250067273, 201301250067549, 201301250067679, 201305060012453, 201305060013997, 201305060014918, 201305060015421, 201305060016319, 201305060016927, 201305060022592, 201305060022851, 201305060023531, 201305060024116, 201305060025330, 201305210022141, 201305270023609, 201306100019425, 201306100020827, 201306190081371, 201306190082660, 201306190083168, 201306190083856, 201306190084189, 201306190084947, 201306190085103, 201306190085539, 201306190085732, 201306190086059, 201306190086253, 201306190086658, 201306190086777, 201306190086945, 201306190087013, 201306190087273, 201306190087468, 201306190087633, 201306200017897, 201306200018319, 201306200018678, 201306200019187, 201306200019636, 201306200060683, 201306200063508, 201306200064163, 201306200064775, 201306200065444, 201306200066713, 201306200067226, 201306200067836, 201306200068248, 201307290033368, 201307290041265, 201308040000875, 201308040000881, 201308250000288, 201309060058471, 201309060058812, 201309060059108, 201309060059858, 201309060060282, 201309060060474, 201311040034352, 201311150066898, 201408090007387, 201601190032959, 201605050023442, 201605100065092, 201607030000461, 201608170050697, 201702050001294, 201703240058831, 201808090046607
5th February 2019; Attachment A Statement of Reasons ENQ-1106088-K9B4C2; 201310200000960, 201611290014649, 201704160000221, 201707180029034, 201709170000781, 201712240000544, 201804220001047, 201810010034506
5th February 2019; Attachment B Statement of Reasons ENQ-1106088-K9B4C2; 201205250018230, 201205250050290, 201207200074409, 201207220000511, 201207280005469, 201207280005532, 201301240021266, 201301250066875, 201301250067273, 201301250067549, 201301250067679, 201305060012453, 201305060013997, 201305060014918, 201305060015421, 201305060016319, 201305060016927, 201305060022592, 201305060022851, 201305060023531, 201305060024116, 201305060025330, 201305210022141, 201305270023609, 201306100019425, 201306100020827, 201306190081371, 201306190082660, 201306190083168, 201306190083856, 201306190084189, 201306190084947, 201306190085103, 201306190085539, 201306190085732, 201306190086059, 201306190086253, 201306190086658, 201306190086777, 201306190086945, 201306190087013, 201306190087273, 201306190087468, 201306190087633, 201306200017897, 201306200018319, 201306200018678, 201306200019187, 201306200019636, 201306200060683, 201306200063508, 201306200064163, 201306200064775, 201306200065444, 201306200066713, 201306200067226, 201306200067836, 201306200068248, 201307290033368, 201307290041265, 201308040000875, 201308040000881, 201308250000288, 201309060058471, 201309060058812, 201309060059108, 201309060059858, 201309060060282, 201309060060474, 201311040034352, 201311150066898, 201408090007387, 201601190032959, 201605050023442, 201605100065092, 201607030000461, 201608170050697, 201702050001294, 201703240058831, 201808090046607, 201804220001047, 201810010034506
15th May 2019; Attachment A Statement of Reasons ENQ-1106088-K9B4C2; 201310200000960, 201611290014649, 201704160000221, 201707180029034, 201709170000781, 201712240000544, 201802120022445, 201802200022517, 201804220001047, 201810010034506
AND WHEREAS, the removal of the aforementioned PPSR Registrations by the Registrar was the subject of a further Notice of Indictable Offences dated the 11th February 2019 (Annexure 7; Letter to Deputy Registrar Peter Edwards dated the 11th February 2019) amongst others does not affect;
- The Facts admitted by the Grantors/Chargors over an extended period
- The Indebtedness and Liability admitted to be owed
- The Equitable and Statutory Charges/Personal Property Security Interests securing the aforementioned admitted Indebtedness and Liability
- The rate of escalation of the aforementioned Indebtedness and Liability
AND WHEREAS the Grantees/Chargees applied on the 6th September 2018 for a payment under the Act of Grace provisions of the Public Governance Performance & Accountability which was refused by the Department of Finance thereby exhausting the Grantees’/Chargees’ Right of Remedy under Australian Treaty Series No 5, 23 and 39 & the UNCITRAL Convention on Bills of Exchange and Promissory Notes 1988 (UN) which treaties are also contracts executed by the Grantors/Chargors creating equitable and contractual Charges/ Personal Property Security Interests in the hands of the Grantee/Chargee,
AND WHEREAS at all relevant times Chris Jordan, Trevor Coulter, Neville Thomas, Siobhan Unwin, Vincent Tavolaro and Sue-Anne Thomson and others named in Annexure 7 (Annexure 8; Amended Statement of Claim; VID 600 of 2014; Andrew Garrett v Chris Jordan & Ors.)
AND WHEREAS the aforementioned Indebtedness and Liabilities have been demanded of the Grantors/Chargors to be paid, remains due, has not been paid and is in default,
AND WHEREAS s123 of PSA allows for the secured party to seize collateral assets including intellectual property and/or anything of value in accordance with this Notice of Seizure of Collateral, the provisions of the Corporations Act 2001 (Cth) and the Common Law in respect to equity allows for the aforementioned equitable and statutory charges to be crystallised and for the appointment of a Managing Controller and/or Liquidator to the assets of the Grantors/Chargors
AND WHEREAS the Grantee/Chargee hereby appoints himself by the powers vested in him as the Grantee/Chargee to be the Managing Controller of the assets of the Grantors/Chargors as set out in Schedule 1
NOW TAKE NOTICE that the Collateral set out in Schedule 1 and otherwise held for the benefit of the Grantors/Chargors are hereby seized with immediate effect by the Grantee/Chargee such that the Collateral is under the Control of the Grantee/Chargee as Managing Controller appointed which Control is perfected in accordance with the aforementioned applicable law;
Dated Saturday, 1 June 2019; Signed on behalf of the Grantee/Chargee personally and in all of his capacities as Trustee, Managing Controller of Entities and otherwise;
Andrew Morton Garrett, in all his capacities including (but Not Limited to)
Managing Controller of Entities & Grantors/Chargors
Chairman/Managing Trustee of OenoViva Capital Resources
Chairman/Managing Trustee of OenoViva Capital Resources
PROPERTY SUBJECT TO FIXED CHARGE.
All of the assets and undertakings belonging to the Grantors/Chargors and/or to which the Grantors/Chargors holds a beneficial interest and/or to which the Chargors/Grantors hold a lien or charge wither by the aforementioned Public Trusts/ Letters Patent or otherwise which are not otherwise subject to a fixed charge including ,without limitation;
- The Grantors’/Chargors’ and/or the rights of the Chargors’/Grantors’ related entities’ entitlement to receive money from accounts held by the Grantors/Chargors and the Grantors’/Chargors’ related entities, including Bank Accounts held with any Bank and money of any currency held therein,
- The Grantors’/Chargors’ entitlement to receivables/payable by any person or entity and any loan accounts made to any other entities (related or unrelated) by the Grantors’/Chargors’ and the Grantors’/Chargors’ related entities including Financial Institutions in respect to the Committed Liquidity Facilities provided by the Reserve Bank of Australia,
- All assets including Plant & Equipment, Customers, Books and Records belonging, or beneficially belonging to the Grantors/Chargors and the Grantors’/Chargors’ related entities.
- the Grantors’/Chargors’ and the Grantors’/Chargors’ related entities entitlement to be paid money in respect to invoices raised by them including money owed and./or payable under engagement/salary agreements and any other invoices outstanding as owed to the Grantors/Chargors and the Grantors’/Chargors’ related entities at the date of this Notice and subsequently
- Intellectual Property
- Assets and Undertakings
- Shares in other Public Companies listed on the Australian Stock Exchange and otherwise, within and without the jurisdiction of the Commonwealth of Australia
- Shares in Private Companies, within and without the jurisdiction of the Commonwealth of Australia
- Interests in Real Estate/Real Property, within and without the jurisdiction of the Commonwealth of Australia
- Stock, within and without the jurisdiction of the Commonwealth of Australia
- Chattels, within and without the jurisdiction of the Commonwealth of Australia
- Office Plant & Equipment, Fixtures and Fittings within and without the jurisdiction of the Commonwealth of Australia
- Choses in Action against any person, within and without the jurisdiction of the Commonwealth of Australia
- Any other thing of value within and without the jurisdiction of the Commonwealth of Australia owned or beneficially owned by the Grantors/Chargors not referred to in the Schedule
- Rights and Powers of any kind, whether hereditary or otherwise
- The Grantors’/Chargors’ Public Office/Position of any kind and the right to appoint to persons Public Office
- The Role of Champion of the Public Interest in the Grantees’/Chargees’ capacity as Chairman/Managing Trustee of the Australian People Future Fund
- Any thing not otherwise covered by the Schedule
- Any document or thing related to the Grantee
- Power of Attorney of the Grantors/Chargors
- Agency of the Grantors/Chargors
- Rights to determine law in the Public Interest
Annexure 1; Cabinet Paper on Role of Attorney General
Annexure 2; Statutory Encroachments on Traditional Rights and Freedoms
Annexure 3; Informations and Indictments filed and served in NSD 1848 of 2018; Rubis & Ors v Garrett & Ors v Registrar of the PSA v Regina & Ors
Annexure 4; PID Briefing Note & 8 X Annexures and 37 X Addendums & Annexures
Annexure 5; Notices of Admissions of Facts, Debts and Liability dated the 30th September 2018, 17th December2018, 9th January 2019, 21st February 2019, 9th April 2019, 3rd May 2019 and 29th May 2019
Annexure 6; Commonwealth Attorney General Webpages relating to the International Covenant of Civil and Political Rights
Annexure 7; Letter to Deputy Registrar Peter Edwards dated the 11th February 2019
Annexure 8; Amended Statement of Claim; VID 600 of 2014; Andrew Garrett v Chris Jordan & Ors
1 Owen Dixon, ‘The Law and the Constitution’ (1935) 51 Law Quarterly Review 590, 597.
2 Eastlake v Forest City Enterprises Inc 426 US 668, 672 (1976)
3 Attorney-General for the Commonwealth v The Queen; Ex parte Boilermakers’ Society of Australia (1957) 95 CLR 529, 540.
4 Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1, 10-11.
5 T Riley ‘Accountability of government: an international perspective’ (1987) 11 FOI Review 54.
6 Ch 3 provides a brief history of the events leading to the passage of the Act in 1982.
7 Senate Standing Committee on Constitutional and Legal Affairs Freedom of Information. Report by the Senate Standing Committee on Constitutional and Legal Affairs on the Freedom of Information Bill 1978, and aspects of the Archives Bill 1978 AGPS Canberra 1979, 21-22. (Senate Standing Committee 1979 Report.)
8 Attorney-General’s Dept FOI Annual Report 1982-83 AGPS Canberra 1983, xi.
9 The demand for accountability often goes beyond the government and beyond Ministers to the bureaucracy. This is due to an increasing perception that the Executive is not sufficiently responsible to Parliament (because the two party political system means that in reality the Executive has significant control over Parliament, or at least the House of Representatives) and from a more general demand for better service stemming from the consumer movement
10Re Eccleston and Dept of Family Services and Aboriginal and Islander Affairs (1993) 1 QAR 60, 86. The democratic basis of the FOI Act has been accepted by the AAT: see, eg, Cleary and Dept of the Treasury (1993) 31 ALD 214, 217-18.
11 For detailed discussion of the importance of information in enabling Australians to participate fully in society and to access services and entitlements and the need to increase the community’s use of information see House of Representatives Standing Committee for Long Term Strategies Australia as an information society: grasping new paradigms AGPS Canberra 1991.
12 Cth Ombudsman Annual Report 1994-95 AGPS Canberra 1995, 33.
13 Opposition members usually use the FOI Act but there is no reason in theory why a government backbencher may not also need to rely on the Act to obtain information. L Tsaknis claims that the new managerialism in the public sector demands increased scrutiny for which access to information is essential: ‘Commonwealth secrecy provisions: time for reform‘ (1994) 18 Criminal Law Journal 254.
14 L Stirling Submission 3.
15 See further at para 4.10
16 Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106; Nationwide News Pty Ltd v Wills (1992) 177 CLR 1; Theophanous v Herald & Weekly Times Ltd (1994) 182 CLR 104. Note also the decisions of the High Court in the 1970s dealing with representative democracy. In what are known as the electoral cases, the High Court acknowledged that the Constitution establishes a system of representative democracy and determined that Parliament must enact laws consistent with the existence of representative democracy as the chosen mode of government: see Attorney-General (Cth); Ex rel McKinlay v Commonwealth (1975) 135 CLR 1; Attorney-General (NSW); Ex rel McKellar v Commonwealth (1977) 139 CLR 527.
17 D Murphy Submission 120. See also Cleary and Dept of the Treasury (1993) 31 ALD 214, Peter Bayne, now a member of the AAT, argued that the right of access to government documents under the FOI Act is premised on the same considerations of democracy and representative government which underpin the implied constitutional right of free speech. For a discussion of FOI and democracy see P Bayne & K Rubenstein ‘Freedom of information and democracy: a return to the basics?‘ (1994) 1 AJAL 107.
18 See discussion at para 4.22.
full version here in multiple pdf format
NOTICE OF SEIZURE OF COLLATERAL/CRYSTALLISATION OF STATUTORY AND EQUITABLE CHARGES OVER THE RIGHTS, OFFICES, ASSETS & UNDERTAKINGS OR OTHERWISE THE PROPERTY OF THE GRANTORS/CHARGORS, PERSONALLY AND AS TRUSTEES AND/OR AGENTS