Minutes of meeting Sunday 16th May 2021, held at the Community Hall, 87 Willis Road, Bli Bli
Convenor: Shane Beard
The format was altered from the standard format, to a meeting about Common Law Court procedures. We are very close now to being able to convene a proper court session, therefore knowledge about the different roles and procedures is vital.
* The importance of proper evidence was discussed. One must have all of it to hand before lodging a case, including what compensation the plaintiff is requesting in the original claim.
* Always have everything about the case you wish to present firmly in mind and then talk openly and in a civil matter to the party you wish to summons to court. If talking fails then it is time to commence the 3-letter admin. process (creating a contract).
* Have prepared an affidavit asking for a response to every point made therein. Send a reminder if no response initially and if you get a negative response, then judgement is warranted.
* The onus is on the accused to provide evidence that they have NOT done whatever they are accused of.
* Deliver the summons preferably in person, or ‘sign for’ registered mail. Sometimes it may be necessary to pay for a professional to Serve. Never send any original document that is evidence. Make a copy which can be signed by three other parties (householders) as witnesses to the original if you wish, rather than use a Notary to witness.
* After that you then issue a Statement of Claim to the C.L. Court Registrar. See our website for full instructions. Both parties are then invited to mediation. If the accused does not show up for mediation, then proceed to issue summons to court. At that stage a jury is elected and sworn in.
* All conversations and documents lodged must be recorded accurately.
* The role of the Adjudicator was discussed. An Adjudicator needs to have researched past similar cases and outcomes, well before the case in question is heard.
* The Registrar really needs to do proper work before the court convenes, to ensure that the applicant is presenting the case properly.
* A discussion followed about the Jury and how to pick 12 that are definitely unbiased. Shane suggested that it can take a lengthy amount of time to assess 12 jury members when one considered that they need to be assessed to ensure that they are in no way connected or biased for some reason, and that it may be worth thinking about
doing this first, a week before the court case. Someone suggested that perhaps the jury, or some of the jury, could be sought from another Assembly.
* What happens if there is no unanimous decision by the jury? Is there a time limit on deliberation? These questions need to be resolved.
* The only outcome from a Common Law case at present is pecuniary. There is currently also the option to use the judiciary system if it suits, and there is nothing wrong with jumping from one system to the other if the desired outcome can be achieved that way. Pick your battles and methods. Use the ‘other’ system if it can save you time and effort.
* Regarding the use of police to assist with Common Law process, remember they are a representative of government and the government is a corporation. When and how to use them is the subject of a separate discussion. Our own Sheriffs can execute a Common Law decision. Recently, the police are starting to realise that CL Sheriffs actually have power.
* Be very careful with the language you use. For example, say Invitation to Court, instead of Subpoena and be extremely careful not to contract with anyone by saying the wrong thing, or saying too much.
* The discussion then turned to the subject of masks and vaccinations. A member told the assembly that Bunnings is preparing to bring in a rule that all employees must have the jab if they want to keep their job. This is the type of unlawful action that we could take on in our court, or even a civil court, as some things like this are unlawful under both systems. There is no reason we can’t take on big companies by using the 3 letter process.
* It was suggested that ‘Conditional Acceptance’ is a good process to know. Plenty of explanations online.
* Solutions Empowerment website was recommended for viewing.
* Assembly member Nathan spoke about the spiritual side of the current world situation.
* Assembly was advised that there is a Freedom Fest on 29th May at Cotton Tree Park, 12 till 3pm.
The meeting officially closed at 3.53 pm