Defendant Notice of Motion

15th October 2006 Notice of Motion for Discovery - Filed in court & served on plaintiff (they ignored it)
12th November 2006 Notice to produce
12th November 2006 Notice to Join Galilee Solicitors
12th November 2006 Notice to Join Macquarie Mortgages
28th November 2006 Notice of Motion for Stay on writ
28th November 2006 Notice of Motion to Revoke the writ
5th December 2006 Notice of Motion for Stay on writ
14th December 2006 Notice of Motion for Stay on writ
21st December 2006 Notice of Motion for Stay on interlocutory “JUDGMENT/ORDER” for writ of
possessiont and to revoke it

Defendant Defence

Fiona Cristian's Defence

Form 6 (version 3)
Rule 14.3
DEFENCE
COURT DETAILS

Court Supreme Court of New South Wales

Division Common Law

List Possession

Registry Sydney

Case number 13403/06

TITLE OF PROCEEDINGS

Plaintiff Perpetual Limited, formerly known as
Perpetual Trustees Australia Limited [ACN 000 431 827]

Defendant Fiona Caroline Cristian

FILING DETAILS / ADDRESS FOR SERVICE

Filed for Fiona Caroline Cristian Defendant

Address for service PO Box 1320 Bowral NSW 2576

Telephone 0418-203204

Email a...@theelements.cc

PLEADINGS AND PARTICULARS
The defendant relies on the following facts and assertions
1. The defendant denies the plaintiff is entitled to the relief claimed in paragraph 1 (a), (b), (c), (d), (e), (f) of the statement of claim.
2. The defendant does not know and cannot admit the allegations contained in paragraph 2 of the statement of claim.
3. The defendant admits paragraphs 3, 4 of the statement of claim.
4. The defendant rejects paragraph 5 of the statement of claim.
5. The defendant does not know and cannot admit the allegations contained in paragraph 6 of the statement of claim.
6. The defendant denies the allegations contained in paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 of the statement of claim.
7. The defendant admits that the defendant made no payments, the defendant otherwise rejects the allegations contained in paragraph 17 of the statement of claim.
8. The defendant denies the allegations contained in paragraphs 18, 19, 20, 21, 22, 23 of the statement of claim.

SIGNATURE

Signature ……………………………………………….

Name Fiona Caroline Cristian

Capacity Defendant

Date 15 September 2006

AFFIDAVIT VERIFYING.

Name Fiona Caroline Cristian

Address PO Box 1320 Bowral NSW 2576

Occupation Home duties

On 15 September 2006 I say on oath

1. I am the Defendant
2. I believe that the allegations of fact contained in this defence are true.
3. I believe that the allegations of fact that are denied in this defence are untrue.
4. After reasonable inquiry, I do not know whether or not the allegations of fact that are not admitted in this defence are true.

Sworn at Bowral New South Wales

Signature of deponent ……………………………………….

Signature of witness ………………………………………….

Name of witness ……………………………………………….

Capacity of witness ……………………………………………

Address of witness …………………………………………………………………
PARTY DETAILS

Parties to proceedings

PLAINTIFF DEFENDANT

Perpetual Limited, formerly Fiona Caroline Cristian
known as Perpetual Trustees
Australia Limited.

FURTHER INFORMATION ABOUT DEFENDANT FILING THE DEFENCE

Defendant Cristian

Given names Fiona Caroline

Address PO Box 1320 Bowral NSW 2576

Telephone 0418 203204

Email a...@theelements.cc

Defendant Cross Claim

First Cross Claim for Fiona Caroline Cristian 30th October 2005.
Amended Cross Claim for Fiona Caroline Cristian 30th October 2005

Defendant Affidavits

Arthur Cristian's First Affidavit
Supporting Fiona Cristian's First Cross Claim

Defendant Exhibits

All Macquarie Mortgages (MM) Approval Documents for Macquarie Executive Choice Line of Credit
Note: Two MM approvals were mailed on the same day 22nd August 2005 as the MM Loan contract. We received them all together on the 25th August 2005 and we signed the loan contract same day. All documents were created by James Angus, a man with two hats, one with Perpetual Limited and one with MM. James Angus, if he exists (computer signatures), is the man responsible for the fraud.

Copy of contract provided as well. See AS1.
When we signed the loan contract we were not aware of the different internal MM product names - terminologies given to each product. MM never gave us any brochures explaining-detailing the name of each product and how each product works. The signed loan contract does not mention anything about how the product we signed for, actually works. What actually is it. We were only thinking on the lines of a line of credit and not a principal & interest or a interest only product. The writing Macquarie Mortgages Home Loan did not alarm us that the contract we were signing was for a very different product in the way it works.

Copy of Macquarie Brochures for A) Macquarie Executive Choice line of credit B) Macquarie Mortgage Saver home Loan - Also includes a Macquarie Mortgages internal memo/news flash 21 Dated 15th July 2005 & effective Monday 18th July 2005. It was sent to all staff agents/brokers announcing changes to the Mortgage Saver and most importantly to the Macquarie Executive Choice line of credit product.

Copy of facsimile from MM broker John Hartney to MM requesting the MM Executive Choice Line Of Credit.

7th Affidavit containing The Credit River Case - A legal precedent in law proving banks will and do create money out of thin air.

Caveat filed on Land Titles office 31st May 2007

Letter from bank solicitors 4th June 2007 in response to the caveat we filed

Defendant Submissions to the Court

Fiona Cristian - Submission To The Court
This is a very large document so we split it into sepparate attachments.
Document List Contained In This Submission (see attachments below)

1. Document List - Submission to the Court and includes Palliating Legal Profession Pals
2. Recusation Writ
3. Commonwealth corporate filing,
4. CEO notice,
5. Request for Police investigation,
6a. Lord Mayor Natoli response,
6b. Lord Mayor Natoli response,
7. Statement to Maroochy Shire Council
8. Premiers office response scan,
9. Queensland State Parliament/Supreme Court doc,
10. Deputy Premiers office response scan,
11. MDAM death penalty notice,
12. MDAM at last.
13. One Million Dollars Reward
14. Maroochy Shire Council

Defendant Correspondence

Refer to Plaintiff Corrspondence - Common Law
For lots of correspondence between bank solicitors and the Cristian family.

Below
1st June 2006 - Letter from Paul Kean - Macedonie Christie Willis - to Fiona Cristian

16th June 2006 - Letter from Paul Kean - Macedonie Christie Willis - to Plaintiff Solicitors

21st June 2006 - Correspondence between Paul Kean and Plaintiff Solicitors

Fraudulent Misrepresentation - Mercantile Law - Paul Kean ignored this when advising Fiona Cristian
Paul Kean ignored the following -
1. Fraudulent Misrepresentation - Mercantile Law
2. Unconscionable Conduct - Contracts Review Act
3. Tort of Deceit - Tort Law
4. Section 36 (1) Consumer Credit Code
5. Section 51 Trade Practices Act (Paul acknowledged this one - ignored the rest)
6. Section 24 Under the Real Property Act

29th June 2006 - Letter from Paul Kean to Plaintiff Solicitors - We never gave instructions to Paul Kean to send this letter as it revealed personal sensitive financial information. After finding out this letter was sent + forgetting to follow through with important instructions we sent him by email + not advising of the range of remedies available (see above), we let him go because we felt that he was supporting the bank.

Email Correspondence between Paul Kean and the Cristians during May and June 2006

15th June 2006 - Letter from Paul Kean to Plaintiff Solicitors (better quality than the one above for 16th June 2006)

Defendant Judgement

15th November 2006 - Judgement for Writ of Possession by Justice Peter Hidden
15th November 2006 - Judgement Orders for Writ of Possession by Justice Peter Hidden

Defendant Transcripts

30th October 2006 - Transcript of hearing with Justice Peter Hidden
1st November 2006 - Transcript of hearing with Justice Peter Hidden
15th November 2006 - Transcript of Justice Peter Hidden Making Judgment for Writ of Possession.
5th December 2006 - Transcript of Registrar Howe
14th December 2006 - Transcript of Registrar Howe
15th December 2006 - Transcript of Justice James
21st December 2006 - Transcript of Justice Simpson
22nd December 2006 - Transcript of Justice Beazley A / B / C / D (Court of Appeal)