The matter of standing is a significant one, that many men/women underestimate when appearing in court and end up playing the “name game” by claiming the defendant is not them and is actually a corporation/fiction. There are some serious problems with this approach, namely:
- There is a controversy that needs to be resolved and coming in as a man/woman (an authority) without resolution undermines that status as an authority, hence the court may see this as a disruption.
- The court is expecting a debtor person to attend and not anyone else. The court is a 3rd party adjudication service and they cannot read minds – only see what’s in front of them in the file.
A typical scenario: a man/woman attends court, an argument occurs (more controversy) as the man/woman has no standing over the case, an order is created for a warrant as the defendant failed to appear.
As this is all about contracts, you need to do the right thing, a) resolve the controversy, b) let them know you’ll be there in a specific capacity to have the case dismissed.
An example below is a notice to the court that someone else will be attending a hearing and is an authority who has in fact already resolved the matter by a setoff of the original charging instrument. This example is not exhaustive and there are many ways to approach such matters. The document below was used in a criminal case once the original charging instrument had been setoff.
The prosecution withdrew the case as there was no longer any controversy. It should be noted that a separate private administrative process was being run behind the scenes with the plaintiff to resolve the original controversy also. This ensured all parties were whole.
Case No: 123456
Undersigned: Bob Paul Jones
non-domestic without AUSTRALIA
c/o <3rd Party Presenter>
NOTICE TO AGENT IS NOTICE TO PRINCIPAL— NOTICE TO PRINCIPAL IS NOTICE TO AGENT
NOTICE OF MOTION TO DISMISS CASE NO. 123456 AT THE NSW MAGISTRATES COURT IN ORANGE
FOR DEFENDANT MR BOB JONES
AND CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE
TO: REGISTRAR / PRESIDING MAGISTRATE (Case No: 123456)
c/o MAGISTRATES COURT
Re: MOTION TO DISMISS WITH PREJUDICE CASE No. 123456
Dear REGISTRAR / PRESIDING MAGISTRATE,
Comes now Bob Paul Jones a secured party creditor with a priority security interest in all property both registered and unregistered, and an accommodation party in and for the Defendant, MR BOB JONES.
YOU ARE HEREBY GIVEN LEGAL NOTICE OF MOTION TO DISMISS with PREJUDICE CASE NO. 123456 in the MAGISTRATES COURT for defendant MR BOB JONES. MOTION FOR ORDER OF DISMISSAL WITH PREJUDICE at Enclosure 1 for immediate execution. [Proposed] ORDER FOR DISMISSAL WITH PREJUDICE at Enclosure 3 for Presiding Magistrates execution, discharging the outstanding account against the DEFENDANT MR BOB JONES in this Case.
The Undersigned conditionally accepts offer to deny said Motion, trespass on any of the Undersigned’s contracts, or any future hearing upon proof of claim that:
The original charging or accusatory instrument has not been indorsed for setoff, settlement and closure by an Accommodation Party;
future hearing is not merely for the purpose of publicly ratifying the setoff, settlement and closure of all outstanding debt against MR BOB JONES including any JUDGEMENT or ADJUDICATION, any plea, any findings, and any derivative thereof of case no. 123456 so that none of the parties incur to themselves any injury or offence being converted to personal liability for any tort;
The Undersigned is not to be at a future hearing merely to protect said interest in collateral and interest in the Defendant MR BOB JONES;
future hearings regarding Case No. 123456 as it applies to MR BOB JONES, will not be moot and that this entire matter is not by the Setoff of Case No. 123456 res judicata, stare decisis resulting in dismissal with prejudice in the said Case.
An AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT is enclosed in support of this Notice.
In Witness Whereof, I have hereunto set my hand and seal.
Bob Paul Jones, Secured Party Creditor,
Executive Trustee for the private trust known as
Bob Paul Jones