March 13, 2021 at 7:21 pm #3153
Ok, I’ve spent the last few weeks scouring state and federal legislations for N.S.W and this is what I’ve come up with regarding equities, interests, transfers, securities and trusts. While I’m a good researcher, I’m not well versed in Trust Law as yet, so I would love for someone to take this and see if we can all help each other out with the required sections. If you’re in another state, you will be able to find the corresponding state act by typing the legislation below + [your state] in a google search. I have attached the Canadian legislations and their sections in full to compare with ours. Happy researching.
Conveyancing Act 1919
Personal Property Securities Act 2009
Real Property Act 1900 NSW
Crown Proceedings Act 1988 NSW
Trustee Act 1925 NSW
Other legislations that look like they have some validity to equities, securities and trusts:
Marketable Securities Transfer Act 1966
Succession Act 2006
Conveyancing and Law of Property Act 1898
Payment Systems and Netting Act 1998
Trades Hall (Transfer of Land) Act 1970 No 54
Corporations Act 2001
Cestui Que Vie Act 1666
Settled Land Act 1958
Law Of Property Act 1936
Limitation Act 1969
Duties Act 1997
Trustee Companies Act 1964
Probate and Administration Act 1898
NSW Trustee and Guardian Act 2009
Jurisdiction of Courts (Cross-vesting) Act 1987
Supreme Court Rules 1970
Law Reform (Law and Equity) Act 1972
Adoption of Children Act 1965
Adoption Act 2000
Property (Relationships) Act 1984
Land Development Contribution Management Act 1970
Factors (Mercantile Agents) Act 1923
March 13, 2021 at 8:49 pm #3155
That’s a lot of work you have done there. Hard work to be sure. The Cestui Que Vie Act 1666 caught my eye.
Did you see this entry in the Imperial Acts Application Act 1969? regarding property.
Schedule 1 relates it directly to the Cestui Que Vie Act 1666
IMPERIAL ACTS APPLICATION ACT 1969 – SECT 38
Property–determination of a life or lives
38 PROPERTY–DETERMINATION OF A LIFE OR LIVES
(1) Every person having any estate or interest in any property determinable upon a life or lives who, after the determination of such life or lives without the express consent of the person next immediately entitled upon or after such determination, holds over or continues in possession of such property estate or interest, or of the rents, profits or income thereof, shall be liable in damages or to an account for such rents and profits, or both, to the person entitled to such property, estate, interest, rents, profits or income after the determination of such life or lives.
(2) Where a reversion remainder or other estate or interest in any property is expectant upon the determination of a life or lives, the reversioner remainderman or other person entitled to such reversion remainder or other estate or interest may in any proceeding claiming relief on the basis that such life or lives has or have determined, adduce evidence of belief that such life or lives has or have been determined and of the grounds of such belief, and thereupon the court may in its discretion order that unless the person or persons on whose life or lives such reversion remainder or other estate or interest is expectant is or are produced in court or is or are otherwise shown to be living, such person or persons shall for the purposes of such proceedings be accounted as dead, and relief may be given accordingly.
(3) If in such proceedings the lastmentioned person is shown to have remained beyond Australia, or otherwise absented himself from the place in which if in Australia he might be expected to be found, for the space of seven years or upwards, such person, if not proved to be living, shall for the purposes of such proceedings be accounted as dead, and relief may be given accordingly.
(4) If in any such proceedings judgment has been given against the plaintiff, and afterwards such plaintiff brings subsequent proceedings upon the basis that such life has determined, the court may make an order staying such proceedings permanently or until further order or for such time as may be thought fit.
(5) If in consequence of the judgment given in any such proceedings, any person having any estate or interest in any property determinable on such life or lives has been evicted from or deprived of any property or any estate or interest therein, and afterwards it appears that such person or persons on whose life or lives such estate or interest depends is or are living or was or were living at the time of such eviction or deprivation, the court may give such relief as is appropriate in the circumstances.
- This reply was modified 2 years, 6 months ago by Glenn J.
March 14, 2021 at 12:57 am #3165
Brilliant research dude… Love it.
March 14, 2021 at 2:02 am #3168AnonymousInactive
Wow Glenn, so good! 👏🏼
March 14, 2021 at 2:01 am #3167AnonymousInactive
Brilliant work Josh!
I was wondering about the ASIC Act as they are responsible for seizing and administrating unclaimed funds and securities and transferring them to the Commonwealth of Australia Consolidated Revenue Fund. I heard Darren mention Consolidated Revenue Funds in one of the videos… Could this be where the unperfected trusts are held?
March 14, 2021 at 3:32 am #3171
You raise a valid point. I’m inclined to think that a trustee company is the one who administrates the funds. Someone like Perpetual who has been around since at least 1885. They are all over Australia these days.
Where the consolidated fund comes in, is the location of the unclaimed funds of the estates/trusts. If you go to Dïevergent5 Birthright & Equity video, @ the 22:18 Mark, Darren talks about consolidated funds. Assuming he is correct and i don’t have evidence to the contrary, He talks about Consolidated funds again at 104:03 for after you have submitted your paperwork and claimed your estate.
(You can find the timestamps easily under You Tube by accessing the transcript from within the … 3 dots you see underneath the video)
That seems to be how it works without seeing anything to the contrary.
March 14, 2021 at 4:41 am #3178
I was looking through it overnight and I didn’t find much, then again, I had read that many acts last night. Do you know how to do a keyword search for all Australian Legislations?
March 24, 2021 at 11:19 am #3730KathyParticipant
Hi Josh… we find austilii easy to navigate and search
March 14, 2021 at 3:58 am #3172AnonymousInactive
Thank you so much for the reply Glenn; so much to wrap my head around.
Just another thing I am wondering about. Do you think that it has any relevance to use pre-“Queen of Australia” legislation that has had proper assent and proclamation, therefore “constitutional” vs newer legislation with no proper assent?
March 14, 2021 at 4:27 am #3173
I would say while we are in the process of claiming our estates back, we are probably better to focus on legislation that they are supposed to take notice of. That would be to use “their” legislation against them.
I’m inclined to lean towards anything that contains equity provisions would be a better priority for us. It’s a supreme law to anything their fictional system can offer up.
What Josh has put together up above, should more than cover our needs and using what Darren and Dievergent5 have offered us so far as a template should be guideline to use it.
I’m using Victorian legislation because I am originally from there, but they have played around with it so much.. its helpful to have other state resources to draw on.
Having said that, I would argue the PPSA Act has more than enough it to start with the birth certificate.
Jaebin has put together a useful collection of material covering the PPSA that should help.
March 14, 2021 at 4:42 am #3179
That document is great!
March 30, 2021 at 4:10 am #4115
Re the Queen of Australia – that is a question I have concerns about too. Darren mentions the Crown, the Queen and Consolidated Revenue. Now consolidated revenue is a constitutional element of the Commonwealth of Australia that is used to pay the Governor-General – so there is a perfect example of payments coming FROM it. The Queen in the Constitution has agreed to the contract, so is a living woman using her right of free will to agree. And the Crown in the Preamble is the combined authority over the United Kingdom, so the Crown in this country signifies the same.
However, the Queen of Australia is a corporate figurehead with no authority and the Aust Govt is self-identified as an administrative body, so we should inform the Cth of our new status I think. Having said that, if you go to COMMLAw – the lawful enactments are identified with a red australia on the blue background, while the others are statutory legislation – effectively identifying how the Aust Govt are to contractually operate. If you find an equitable clause in them it binds the Aust Govt, but I would also consider that you have to notify the Cth of the breach.
Having said that – my thoughts are we perfect our interest through the Cth with our requirements, using the stat leg as the focus for correction and breaches of our requirements.
I also think we need to consider APRA’s role in this. My husband and I created a reversionary doc in 2014, which closed down a case against us. Halfway through the day, APRA was given the opportunity to validate the doc and did so. The Australian Prudential Regulation Authority (APRA) is a statutory authority of the Australian Government and an independent statutory authority that supervises institutions across banking, insurance and superannuation and promotes financial system stability in Australia.
Here is all their enabling legislation – https://www.apra.gov.au/enabling-legislation
March 14, 2021 at 11:17 pm #3208AnonymousInactive
Is anyone else dreaming non top about this whole thing and alllll the acts and info they’re reading!? 🤪😅
I’m not sure on that search process Josh, I think so but could you please share?
March 15, 2021 at 12:58 am #3211
haha… I’m having legislative hallucinations from reading too much, if that has any merit 😉
Ok its real simple.. Find your state legislation search portal. In NSW it’s here: https://www.legislation.nsw.gov.au/search
You can select basic or advanced search, either is fine, advanced just gives you better filtering.
Enter the word, term or phrase you are looking for and then under “search using”, select either “the exact phrase” or “all of the words” then click search. Add other filters as you see fit.
eg: the exact phrase: Security Agreement…. eg all of the words: sheriff possession security.
It will then show you a list of acts, click on the act, you think is relevant.
Then the act will load. at the top of the page click on “view whole act”
Then hit Control + F to find and type in the words and terms you are looking for.
I have attached images of the process if you get stuck. Hope that helps.
Happy dreaming 🙂
March 14, 2021 at 10:27 am #3195
We might find some cool stuff in this one. Civil Procedure Act 2005 NSW
Division 2 Writs for the levy of property
Subdivision 1 Enforcement against goods and securities
109 Effect of writ of execution on goods(cf Act No 1 1923, section 29)
(1) A writ of execution against goods binds the property in the goods as from the time the writ is delivered to the Sheriff.
(2) Despite subsection (1), a writ of execution does not affect the title to goods acquired by a person in good faith and for valuable consideration unless, when the person acquires title, he or she has notice that such a writ has been delivered to the Sheriff and remains unexecuted.
March 14, 2021 at 8:49 pm #3202
I like the wording..
I’m not sure I am quite up to speed on the method of some of this yet.
I have been going over and over Darrens YT vids and now I am trolling all of his historical FB posts. I have only just gotten wind of all of this, so I have some catching up to do.
In Darren’s vids, he says you don’t need to do ( I think Step 5 or 6) the Sheriff step unless you have a court case pending. I am seeing some chatter that may contradict this..
I’m still looking..
Are you doing the secured BC and notifying land titles first OR are you completing everything and firing off at once?
Why I ask, Is that Darren seems to point out that once you send them the BC, nobody can touch you or hassle you. It’s not clear to me yet.
March 15, 2021 at 4:06 am #3219AnonymousInactive
Wicked, thank you. Hallucinations are almost always good right? 🙃
March 24, 2021 at 10:33 am #3728
Property Act 1900 NSW
42 Estate of registered proprietor paramount
43B Statutory restrictions on alienation etc
(2) Notwithstanding anything in this or any other Act, a registered proprietor of an estate or interest in land that, but for this subsection, would be subject to a statutory restriction holds that estate or interest free from the statutory restriction if:
(a) the registered proprietor became so registered in good faith and for valuable consideration, and
(b) at the time when the registered proprietor became so registered, the statutory restriction was not recorded in the folio of the Register for the land in which the registered proprietor has the estate or interest,
45 Bona fide purchasers and mortgagees protected in relation to fraudulent and other transactions
118 Registered proprietor protected except in certain cases
(d) proceedings brought by a person deprived of land by fraud against:
(i) a person who has been registered as proprietor of the land through fraud, or
(ii) a person deriving (otherwise than as a transferee bona fide for valuable consideration) from or through a person registered as proprietor of the land through fraud,
March 24, 2021 at 7:56 pm #3750
That’s a nice find Jaebin. From what you have posted there I would be inclined to go with Bona fide purchaser. The registered proprietor would be those that are depriving us of our birthright. They are supreme until someone comes along (us) to state our claim to the estate.
This looks to be the clincher : (otherwise than as a transferee bona fide for valuable consideration)
March 26, 2021 at 10:11 am #3892
cough cough: https://www.legislation.gov.au/Details/C2004A03386
March 30, 2021 at 4:15 am #4116
“Why I ask, Is that Darren seems to point out that once you send them the BC, nobody can touch you or hassle you. It’s not clear to me yet.”
I believe it is because you are no longer accepting the role of the trustee of the trust.
March 30, 2021 at 4:29 am #4117
Josh that is a great list to start research on. Thank you.
March 30, 2021 at 6:31 am #4128
I am new to this next step after perfecting the interest, so I am well able to research, but can I get some pointers of what I am looking for?
I have a short list – please tell me what else to add –
Security & Securitization
Equity & equitable
Private & Public & Personal
Trust & Trustee
Settlor & Beneficiary
What else please?
April 3, 2021 at 9:46 am #4347
Hi all please see attached regarding EQUITY OF REDEMPTION, I saw this and overlooked it, I will thank Kaz for the reminder.
Also attached is the inscribed stock act 1911, worth a look, I believe this is the starting point of all of the certificates.
Also attached, shipping related info.
April 3, 2021 at 11:32 am #4360
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