Update to Hearing at Court of Appeal 22nd December 2006

UPDATE - COURT OF APPEAL
22nd DECEMBER 2006
EXTRAORDINARY DAY
BEFORE JUSTICE BEASLEY
BY ARTHUR CRISTIAN

What is happening to Australian families these days?

November 2006

The Cristian family, Arthur, Fiona, Jasmin, Emma and Frances have found themselves caught up in a NSW Supreme Court drama over bank fraud caused by Macquarie Bank (Macquarie Mortgages Pty Limited and Perpetual Limited ACN 000 431 827).

In a dispute that is now entering its second year, Fiona, a determined NSW Southern Highlands Suburban Housewife, operating on an oily rag and without legal representation, has continued to defend her fortress with sticks and stones against a multi-billion dollar banking giant who covets it.

Out of this has arisen the Love For Life Campaign, a cause originally committed to stopping the rampant corruption running rife through the systems that are supposed to support and protect Australians' real freedom but, in fact, control our society, and in particular, the monetary system which acts as the current backbone of Australian society.

In the short period of time from November 2006 to May 2007, the primary message of the Love For Life Campaign has evolved into one that seeks to inspire all of us to live lives which Do No Harm in Word, Thought or Deed. The Love For Life Website Flier Page www.loveforlife.com.au/flier exposes the many subtle and varied ways we Do Harm to ourselves, each other, all of nature and the earth.

"They have no regards for justice whatsoever", said Fiona Cristian, the borrower and 6 months pregnant mother of three young daughters. "I applied to Macquarie Mortgages for a Line Of Credit product (LOC) and Macquarie Mortgages approved to supply me with this LOC. Five different approval documents for the LOC were created and mailed to us at different times by James Angus, a contracted employee for Macquarie Mortgages, but through Macquarie Bank stuff ups, I unknowingly signed a loan contract that was also created and mailed to us by James Angus, a contracted employee for Perpetual Limited, for a completely different Macquarie Bank product called a Macquarie Mortgage Saver Home Loan - Principal & Interest (MSHL).

Arriving in the mail 25th August 2005 at the same time with the loan contract were letters of approval for the LOC and armed with these confirmations, I signed what has now become the disputed loan contract before Macquarie's experienced authorised agent and broker, John Hartney of Mortgage Fastrack, who himself was fooled by this misleading document and the letters of approval for the LOC.

The only reason why Arthur and I were drawn to sit at the table with John Hartney and sign the disputed loan contract was the letters of approval we received from James Angus", said Fiona Cristian. "We were seduced and tricked by James Angus into signing a Macquarie Bank loan contract for a product we never applied for or was approved to be supplied to us by Macquarie Bank. It turns out that James Angus was a man wearing Two Hats for Macquarie Bank, one with Macquarie Mortgages and the other with Perpetual Limited, says Fiona Cristian".

Not knowing Macquarie in-house terminology and being under extreme pressure due to Macquarie delaying the settlement dates twice (17 days), without explanation, Fiona Cristian, the title deed holder of her family home, signed her soul away to this uncompromising ferocious beast of doom and gloom. Nowhere in the loan contract does it explain in layman's terms exactly what specific product features are being provided, and how this particular product will perform.

It turns out that Fiona Cristian signed a principal and interest home loan, which operates very differently from a LOC. A LOC works just like an overdraft where you can draw down to the approved limit or deposit as much as you like from one month to the next and pay only monthly interest payments to the bank. But with MSHL you pay both monthly principal & interest payments and you cannot draw down any further funds at any time. This meant our monthly re-payments to the bank were around $1500.00/$2000.00 more than we budgeted. It also meant that we could not financially operate the way we had planned.

With the settlement not occurring until Fiona Cristian was in the midst of tightly scheduled renovations (September 19th 2005), the skullduggery was not noticed, even while funds (fiat) were being drawn down from a remote location. It was not until the first payment was due on November 1st 2005 that the problem was noted. Both Fiona's husband, Arthur Cristian, and the Macquarie broker, immediately contacted Macquarie staff who admitted the mistake and said they would rectify the error.

Bank staff were repeatedly told by both the Cristians and the broker that the Cristians would not make a payment (not even one cent) until the correct LOC product was in place, as they did not want to validate a fraudulent and misleading loan contract.

Twelve months later, Fiona Cristian is in the Supreme Court of NSW - Case number 13403/06 - defending her right to keep her home. "The Bank have tried everything to bully me into submission," Fiona Cristian said. "In May this year, they greedily changed the locks on my house without warning, causing extreme stress until, with the help of friends, I changed the locks and continued my rights as the rightful owner of my home some weeks later." Up until this time, the Cristians were in regular communication with Macquarie staff trying to get them to provide the LOC product ordered and approved.

In July 2006, Perpetual Limited (the actual lender contracted by Macquarie Mortgages) served a Statement of Claim for possession of Fiona's home, claiming their right to do so due to default of payment. The Plaintiff's Barrister, Steven Mark Golledge, another 3rd party contracted agent, readily admits in court that his client does not dispute the circumstances detailed in Fiona Cristian's Defence, Cross Claim and Affidavits thus far. The Perpetual Limited claim rests solely on the basis of default of payment and their legal rights over the registered mortgage. "The fact that the entire situation has occurred due to Macquarie Bank staff stuff ups is not a consideration for them," said Fiona Cristian to Justice Peter John Hidden. Outside of court, Fiona Cristian said, "It all comes down to the fact that I unknowingly signed a piece of paper that I never would have signed had I not been misled by the Notices of Loan Approval that arrived at the same time as the misleading and confusing Loan Documents."

"Why is it that Perpetual Limited and Macquarie Bank are immune from serious breaches of Trade Practice? If I ordered a Toyota Camry and was supplied with a Ford Falcon the dealer would be obligated to correct the error or cancel the contract. This is not the case when you are dealing with financial lending institutions. It appears that their financial power is God and they can do what they like to anyone. The fact is, this situation is just not fair but that does not seem to be an issue."

"Both the approval documents for the Macquarie Executive Choice Line of Credit and the Perpetual loan contract for the Macquarie Mortgage Saver Home Loan, were signed by James Angus clearly indicating that he is the only other 1st party to the loan contract besides us. It also tells us that he is the creator of the loan contract on behalf of Perpetual Limited as Manager of Operations and the creator of the approval documents for Macquarie Mortgages as Authorised Officer."

"In December 2005 and again in February 2006, we received letters from Perpetual offering to change the principal and interest product to an interest only product "at our request". We pointed out that we had not requested these changes and that we just wanted a new LOC contract reflecting the line of credit we had ordered and were approved for by Macquarie Bank. We told them that we were not willing to start making payments until they had supplied us with the LOC loan contract. To back all this up, we even supplied evidence to Perpetual of a Macquarie Newsflash Special Announcement To All Referrers (mortgage brokers/agents), stating," Effective as of Monday 15th July 2005 the Macquarie Executive Choice has been customised to a Line of Credit (LOC) loan product.""

"We did not sign the loan contract until 25th August 2005, James Angus had sent us three approvals to supply the LOC as well as an LOC settlement notice in September 2005 and another LOC approval in Dec 2005. How bizarre this company is. I even gave them copies of two Macquarie brochures, one for the Macquarie Executive Choice LOC and one for the product we never wanted Macquarie Mortgage Saver Home Loan. Both brochures clearly explain the differences between the two. Even though the evidence we have is cut and dried, clear as daylight, they just keep ignoring the truth and prefer to lie, cheat and continue the collusion.

In court representing Fiona as her Power of Attorney, Arthur asked various Judges on various occasions "What came first, the agreement or the loan contract?" They still won't answer this question! Arthur also stated "Can a mortgage come into existence without a cause for its existence? Can a loan contract come into existence without a cause for its existence? These questions of Arthur's are no different to saying "Can a child be created without the exchange of male sperm and female egg". Isn't it clearly obvious that it was the agreement between the first parties that caused a loan contract to come into existence to reflect the agreement of the 1st parties! Arthur has stated over and over again that many NSW Supreme Court Judges are ignoring the bank fraud to protect the bank at all costs so that no court precedent could be established that would open up the floodgates for tens of thousands of other Australian families and business operators seeking justice for being victims of bank fraud. In Arthur's estimation, he now feels that it is more than likelt that 100,000 cases of bank fraud have occured in Australia since the late 1960's. Also of interest is how all mainstream media has kept a wall of silence most of the time.

"In writing, Fiona said to the plaintiff, "At the time of signing the loan contract, what were we thinking we were receiving as a product?" and "If we actually knew the trouble that we were getting into, do you think we would have signed the loan contract?" To this day we still have not received a reply to either question. We were tricked, bamboozled, lied too, misled, seduced, coerced and cheated by Macquarie Mortgages Pty Limited ABN 23 057 760 178 and to add further salt to the wound this company (Macquarie Mortgages Pty Limited) does not exist and the ABN number (23 057 760 178) is not valid either".

Fiona Cristian continued, "Now Perpetual Limited is complaining about the delays caused by my lack of legal representation and knowledge, but the situation could have been resolved before the end of November 2005 had Macquarie Bank so desired. Every time I go to court I am pressured to get the situation resolved, but I am determined to continue pushing for the time I need to present my case properly and deal with the challenge issued by this multi-billion dollar beast. I do not have eight hours a day to work on my case; my young children take up most of my time and my pregnancy tires me. I am forced to defend myself as I am unable to find legal representation willing to take on a large financial institution at the level I want to take them on."

Beside the pressure to get to judgment, there have also been some strange goings on: on one occasion Fiona arrived in court expecting to go before the Duty Judge, as per the orders given by Justice Malpass, only to find that the matter had been put back before the Registrar. "No attempts were made to inform me," explains Fiona. "On a second occasion, when Arthur arrived at 4.45pm to file some documents for the next days appearance before Registrar Howe, firstly the clerk could not access the file because someone else had blocked it off and when finally the female clerk was able to get in to the file, Arthur was told that there was no longer a listing with Registrar Howe for the following day. Again, there was no attempt to inform us, and we currently have no date set for proceedings to continue. We also have suspicions that our phones and internet connection are bugged, something we are currently investigating.

Even stranger is the fact that Fiona was originally served documents in July under Common Law Division, the official record of proceedings states "Common Law" all the way through and Fiona received confirmation from Justice Hidden on 15th November that the proceedings were being heard in the Common Law Division, yet the stamped court Judgment of the same date states "Equity".
"Under Constitutional Law, Common Law and Equity Law are very different," explains Fiona. "It is only due to statutes pushed through by private corporations that the two have merged. How can they be running a case under one law and making judgements under another? They seem to make up the rules on the run to suit themselves." [Note: The Commonwealth of Australia is a registered private corporation in the USA and so are all Federal and State Government departments including the NSW Supreme Court, Supreme Court Judges, Barristers, Lawyers, The NSW Bar and inludes all NSW & Federal politicians.]

In another example of the plaintiff's habit of twisting the facts, their third party contracted agent Barrister Golledge insisted that Fiona Cristian's property was an investment property when in fact Fiona Cristian pointed out in court that she has lived in this property for more than 15 months within the last three years, that she is not liable for capital gains tax and does not own or have any interest in any other property. How did the third party interloping contractor barrister claim to have grounds that allowed him to dictate terms of a contract that Fiona and Arthur Cristian never agreed to? Was he party to the contract when it was signed?

Fiona and Arthur have also been investigating the plaintiff's legal firm. The banks legal representatives as detailed on court records "Dibbs Abbott Stillman Lawyers" states an ABN number 84 338 278 574 that exists only for DIBBS ABBOTT STILLMAN, a completely different entity. Dibbs Abbott Stillman Lawyers is not a registered business in NSW and operates without an ACN number as well. However DIBBS ABBOTT STILLMAN LAWYERS is registered in Western Australia BN103258827 and also shows an ASIC (Australian Securities Investment Commission) NRGD "Not Registered" "Non Company" status. This ASIC NRGD status also includes the banks contracted 3rd party agent Barrister Steven Mark Golledge as S M GOLLEDGE 062061885.

In spite of numerous protests, on Wednesday 15th November, Justice Hidden made a judgment in favour of Perpetual Limited, but Fiona is not giving up yet. On the contrary, "We are only just beginning" said Fiona." I was only granted a 21-day Stay, instead of the usual 28 days, but I have submitted documents to obtain a further stay so I can continue the investigations we have begun into Contract Law and Corporation Law."

Lack of duty of care and due consideration shown by the bank and its agents in neglecting to supply the correct product have taken a huge toll on the lives of the Cristian family. Through discovery, the evidence now coming to light concerning all banks (Specifically Perpetual Limited - Macquarie Mortgages Pty Limited and Macquarie Bank) solicitors & barristers (The Legal Profession) is clearly an incontrovertible postulation so evident and extent that it requires no proof and therefore has to be considered factual. In the interest of the public and in the interest of justice, Fiona Cristian demands that this wrongful judgment for a writ of possession be immediately struck out and rescinded.

The grounds we are seeking relief are

1. Under the Contracts Review Act - Unconscionable Conduct

2. Fraudulent Misrepresentation

3. Negligence Misrepresentation

4. Incompetence

5. Tort of deceit

6. Section 52 of the Trade Practices Act

7. Under the Real Property Act - S24

8. Under the Consumer Credit Act Section 36

Through their experiences of the legal system thus far, the Cristians have realised the extent to which the corruption of all our systems is affecting the lives of Australians. This has led them to start the Love for Life Campaign, in a call to all Australians to stand united against the disease of corruption currently affecting all our lives.

LEGAL TERMINOLOGY
What The Bank and The Legal System Have Done To Fiona and Arthur Cristian

"For those who understand legal terms, they mendaciously and wilfully created a false perjured brief which they submitted in collusion to the court as evidence against us. It was seriocomic in that it was laughable in its ridiculousness but deadly serious and dangerous at the same time. They conjured up an imaginary legal profess contract based on their poetic, artistic licence. Clearly this was licenciapoetic aruum (which means the legal right to tell lies), by creating a contract as an interloping intermeddling third party. This is a miracle contract based on black-magic because it was authored without us being involved, informed or without our agreement or knowledge (absent reo). We were absent reo (we weren't there). They often convict Australians in absence without them being in court. This is how they show compulsive vindictiveness. This type of legal profession miracle requires thoumaturge (someone who solves devious miracles with legal profession riddles), a promiscuous solicitor/lawyer/barrister prepared to prostitute their profession habitually. It is very traditional classic asmodeus (hebraic demonology legal science) inflicted on public victims constantly."

 

 

THE CRISTIAN FAMILY PLEDGE

 

Being of sound mind, heart and spirit, we each declare the following to be true:

• We have no intention of ending our own lives.

• We will not tolerate suppression of our truths, our ideas, our freedoms, or our work.

• We stand together to support others in the expression of truths and freedom to speak out... no matter how radical those ideas may seem.

• Standing for freedom takes courage; together we shall be strong in the face of all odds.

• If it is ever claimed that we have committed suicide, encountered an unfortunate accident, died of sickness/disease, disappeared, been institutionalized, or sold out financially or in any other way to self-interested factions, we declare those claims false and fabricated.

• We testify, assert and affirm without reservation, on behalf of all those who have dedicated their lives to the ending of secrecy and the promotion of freedom of thought, ideas and expression... that we shall prevail.

• We Do Not Have Multiple Personality Disorders

Arthur Cristian
Fiona Cristian
Jasmin Lily Cristian
Emma Rose Cristian
Frances Hannah Cristian
Xanthe Jane Cristian

[Mostly Taken From The Round Table of Project Camelot: http://www.projectcamelot.org/round_table.html ]