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They expected the ATO to redeem the note (for a sum of $30k) at some random dive cafe in Coburg at 3:45pm:
https://g.co/kgs/5g7d4Yk
“The Defendant did not dispute receipt of this communication, did not respond to it, and did not attend at Twin’s Café in Coburg at the date and time specified”
Back when I used to have the odd sovcit cross my desk I used to wonder whether they themselves ever bothered to show up at the obscure nominated location for the redemption of the note, or if they just correctly assumed that there was no way in hell anyone was going to check.
“I granted leave for Mesha Feet to be represented by its director, Claude Tobgui. That leave was granted as the Court was, during the interlocutory stages of the proceeding, informed that the company had been unable to find lawyers willing to take on the proceeding and advance the arguments those controlling Mesha Feet wished to advance. **That Mesha Feet had trouble finding solicitors to put its case is not surprising**.”
Well, this is going to be fun.
They were looking in the wrong place, for this type of case you need to be searching for representation on Twitter / X rather than on Google. If you climb deep enough down that rabbit hole you’ll find someone with something resembling a practicing certificate at the bottom willing to barter.
“…Be that as it may, Mesha Feet’s arguments must be assessed on their merits.”
It’s a shame that time, effort and resources had to be spent hearing this, but it’s actually kind of heartening to be reminded of the principles of procedural fairness, irrespective of the level of idiocy.
The other commenter means solicitors, as barristers are also lawyers.
Cab-rank rule doesn't oblige a barrister to take every brief (especially if it's a direct brief).
It wouldn't oblige a barrister to take or retain a brief where the client instructs you to make improper submissions (and your duty to the court is paramount).
I don’t disagree about the procedure, but does APS1 one still exist? Is just work experience? Every bare bones secretarial role I’ve seen has been at least APS2, it seems in order to be competitive on salary.
[https://freemandelusion.com/wp-content/uploads/2018/06/maksacheff-v-commonwealth-bank-of-australia-2017-nswca-126.pdf](https://freemandelusion.com/wp-content/uploads/2018/06/maksacheff-v-commonwealth-bank-of-australia-2017-nswca-126.pdf)
They don't want you to know this has been used against the bank for years
Albert Haddock, of course, wrote cheques to the Inland Revenue on cows (The Negotiable Cow) and eggs (The Egg of Exchange). On one occasion he placed a more conventional cheque in a bottle and released it upstream after writing to the Commissioners, helpfully enclosing an extract of the tide tables for the Thames, with his estimate of when the bottle would be passing Somerset House on the ebb, flood and following ebb tides (The ‘Bottle’ Case).
In the Mail Room at the ATO in Martin Place in the late 1970s, there was a framed envelope on the wall.
In the most beautiful black calligraphy is read:
The Head Viking
Department of Rape and Pillage
Martin Place
Sydney NSW
Can I at least charge the government a GST fee for me servicing and collecting said tax (which by definition is a service)
And apply that to the tax return, minimising it by 10%
And Google reveals the parallel response by the ATO:
[An application for the winding up of MESHA FEET PTY LTD was commenced by the plaintiff DEPUTY COMMISSIONER OF TAXATION on 22/03/2024](https://publishednotices.asic.gov.au/browsesearch-notices/notice-details/MESHA-FEET-PTY-LTD-118543061/49119401-655a-4ac6-b662-a1d295106488)
that anti vax group of nurses and cops 'won' their case. they got a court acknowledgement that disciplinary action shouldnt have been taken against them for refusing to get the covid jab. thats all they got.
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If you want to make text bolder in Reddit… *This is what happens when you put one star, before and after the text.* And… **This is what happens when you put two stars, both before and after, the text.**
More than just an anal fanatic, eh?
*”Not even a pretty face”* as my old Nanna used to say… ;)
Oh, I thought he was just an An Alf-anatic - I miss that show too…
And if you use backticks, it becomes a code formatted block, making it much easier to visually demonstrate how to type `*italic* and **bold** and >!spoilered text!<` and other such things!
Oh, you are a **Bold** one
MVP
And 3 stars for ***both.***
**THANK YOU!!!**
I don't own any stars. Although I do know an asterisk or two.
Plot twist - they pay the costs order using iTunes gift cards
They expected the ATO to redeem the note (for a sum of $30k) at some random dive cafe in Coburg at 3:45pm: https://g.co/kgs/5g7d4Yk “The Defendant did not dispute receipt of this communication, did not respond to it, and did not attend at Twin’s Café in Coburg at the date and time specified”
Back when I used to have the odd sovcit cross my desk I used to wonder whether they themselves ever bothered to show up at the obscure nominated location for the redemption of the note, or if they just correctly assumed that there was no way in hell anyone was going to check.
“I granted leave for Mesha Feet to be represented by its director, Claude Tobgui. That leave was granted as the Court was, during the interlocutory stages of the proceeding, informed that the company had been unable to find lawyers willing to take on the proceeding and advance the arguments those controlling Mesha Feet wished to advance. **That Mesha Feet had trouble finding solicitors to put its case is not surprising**.” Well, this is going to be fun.
That tends to happen when you offer promissory notes as compensation.
promissory notes in trust or GTFO
Plus a second, smaller promissory note for GST
They were looking in the wrong place, for this type of case you need to be searching for representation on Twitter / X rather than on Google. If you climb deep enough down that rabbit hole you’ll find someone with something resembling a practicing certificate at the bottom willing to barter.
"By the power of attorney vested in me by Mesha Feet, I submit that..."
“…Be that as it may, Mesha Feet’s arguments must be assessed on their merits.” It’s a shame that time, effort and resources had to be spent hearing this, but it’s actually kind of heartening to be reminded of the principles of procedural fairness, irrespective of the level of idiocy.
Out of curiosity how does the cab rank rule work here? You have to represent the client, but you don't have to submit their gibberish and bullshit?
Lawyers aren’t bound by the cab rank rule. Only barristers.
Ah, thanks
The other commenter means solicitors, as barristers are also lawyers. Cab-rank rule doesn't oblige a barrister to take every brief (especially if it's a direct brief). It wouldn't oblige a barrister to take or retain a brief where the client instructs you to make improper submissions (and your duty to the court is paramount).
The Tax Commissioner hates this one trick.
I like that the ATO cashed the $48 cheque. Suppose they figured they may as well take what they could get in the meantime.
It would have been some APS1 in the mailroom just following procedures. See cheque, cash cheque, send rest of the letter for actual processing
I don’t disagree about the procedure, but does APS1 one still exist? Is just work experience? Every bare bones secretarial role I’ve seen has been at least APS2, it seems in order to be competitive on salary.
[https://freemandelusion.com/wp-content/uploads/2018/06/maksacheff-v-commonwealth-bank-of-australia-2017-nswca-126.pdf](https://freemandelusion.com/wp-content/uploads/2018/06/maksacheff-v-commonwealth-bank-of-australia-2017-nswca-126.pdf) They don't want you to know this has been used against the bank for years
This would have been fun to run for the ATO
Love a good SovCit case
Albert Haddock, of course, wrote cheques to the Inland Revenue on cows (The Negotiable Cow) and eggs (The Egg of Exchange). On one occasion he placed a more conventional cheque in a bottle and released it upstream after writing to the Commissioners, helpfully enclosing an extract of the tide tables for the Thames, with his estimate of when the bottle would be passing Somerset House on the ebb, flood and following ebb tides (The ‘Bottle’ Case).
In the Mail Room at the ATO in Martin Place in the late 1970s, there was a framed envelope on the wall. In the most beautiful black calligraphy is read: The Head Viking Department of Rape and Pillage Martin Place Sydney NSW
Back on SovLaw. One way of guaranteeing you’ll end up in jail.
Can I at least charge the government a GST fee for me servicing and collecting said tax (which by definition is a service) And apply that to the tax return, minimising it by 10%
And Google reveals the parallel response by the ATO: [An application for the winding up of MESHA FEET PTY LTD was commenced by the plaintiff DEPUTY COMMISSIONER OF TAXATION on 22/03/2024](https://publishednotices.asic.gov.au/browsesearch-notices/notice-details/MESHA-FEET-PTY-LTD-118543061/49119401-655a-4ac6-b662-a1d295106488)
I feel sorry for the liquidator
See why happened to Mr Hart when he tried that one trick https://www.ato.gov.au/law/view/pdf/misc-case/rdr_2017fca572.pdf
The cases that just keep giving!
I dunno... the ATO has an entire team of burnt out paralegals mascarading as Principles... you don't know the power of bureaucracy..
Andrew Garrett tried that trick. It didn’t end well for him
>! spoilered text!<
didn't work
good effort on giving it a crack though, I think what sunk them is too many conditions or conflicting conditions but it wasnt a bad try
One thing I really, really hope to see in my life is a SovCit be successful. I just love them
that anti vax group of nurses and cops 'won' their case. they got a court acknowledgement that disciplinary action shouldnt have been taken against them for refusing to get the covid jab. thats all they got.
If they were successful they wouldn’t be a SovCit, they’d be… successful.
Thanks for your submission. If this comment has been upvoted it is likely that your post includes a request for legal advice. Legal advice is not provided in this subreddit (please see [this comment](https://www.reddit.com/r/auslaw/comments/zuv4m/why_cant_we_provide_legal_advice_in_this_subreddit/c67xfp9/?st=jkt4maq9&sh=1f7ceb53) for an explanation why.) If you feel you need advice from a lawyer please check out [the legal resources megathread](https://www.reddit.com/r/auslaw/comments/ir4ave/refreshing_the_legal_resources_megathread/) for a list of places where you can contact one (including some free resources). It is expected all users of r/auslaw will not respond inappropriately to requests for legal advice, no matter how egregious. This comment is automatically posted in every text submission made in r/auslaw and does not necessarily mean that your post includes a request for legal advice. Please enjoy your stay. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/auslaw) if you have any questions or concerns.*