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INTRODUCTION
The rights of all Australians are enshrined in the Constitution Act (Vic. 63 and 64) 9th July 1900 which contains the Australian Constitution in Clause 9. The Constitution Act is a British Act of Parliament and begins:
"WHEREAS the people of New South Wales, Victoria, South Australia, Queensland; and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:".
Queen Elizabeth the Second, at Her Coronation, took The Oath to govern the Peoples of Australia and "cause Law and Justice, in Mercy, to be executed in all (Her) judgments" . Then the Moderator of the General Assembly of the Church of Scotland presented Her with the Holy Bible and said: "Our gracious Queen: to keep your Majesty ever mindful of the Law and the Gospel of God as the Rule for the whole life and government of Christian Princes, we present you with this Book, the most valuable thing that this world affords. Here is Wisdom; This is the Royal Law; These are the Oracles of God."
Australia is "one indissoluble Federal Commonwealth under the Crown". Therefore, we have all the rights that our forefathers fought and died for since time immemorial because we are "under the Crown". Those rights are set down in The Bible, in Magna Carta, in the Bill of Rights 1688 and all of English Common Law. The Queen has sworn to govern us according to those laws.
However, the banks find that all too inconvenient. They have been systematically and illegally stripping us of those rights and protections.
Why? Greed, of course. It is time to awake. It is time to learn of our inheritance.
It is time to fight back.
A war between the banks and the people will not be won by force. The banks are powerful and command as much physical strength as would be required to put down any uprising or indiscriminate protest. Nothing pleases the banks more than bombings or shootings such as Oklahoma City or Port Arthur. "From disorder comes order". An excuse to swing into action with propaganda through their controlled media to condemn any opposition and render the entire community defenceless through punitive legislation. Anyone who resists is branded as a "right wing extremist" or a criminal.
The American Oath of Allegiance includes the pledge to "support and defend the Constitution and laws of the United States against all enemies, foreign and domestic."
The only way to win against such an all-conquering enemy, who are both "foreign and domestic", is to support and defend the Constitution Act (Vic. 63 and 64) 1900 which contains the method and the system to
bring about truth and justice. The enemy have been progressively sabotaging our foundation document for many years with the assistance of politicians, judges and civil servants who can only be described as "ignorant, corruptor gutless" and as "liars, thieves and traitors".
Force is out. Nonviolence is in.
Mahatma Gandhi (1869-1948) understood the dignity and strength to be achieved by simply standing one's ground in the face of overwhelming firepower. Oh, how we need a Gandhi now!
The banks have the parliaments and the courts in their pocket. They have all the mercenaries, both military and intellectual, at their disposal. But there is an "Achilles' Heel". It is the truth!
And the truth is found in the word, "VARIABLE".
Banks have implemented the system of charging variable interest rates on loans. However, variable means uncertain and common law demands that, for a contract to be valid, there must be certainty of terms. In other words, what the banks are doing is committing fraud.
This book tells of the frustration of trying to reason with and even challenge authorities politely and legally. For many years I wrote and spoke all to no avail. Taking the issue to court proved the extent of the banks' influence from Master Greenwood in the Supreme Court of New South Wales saying, "Thus whilst the amount of the future rate is uncertain, the rate itself is indeed certain." Through to Sir Daryl Dawson J. in the High Court of Australia saying, "No, we cannot answer those questions, I am sorry." when I asked, "Your Honours, ... the first question is, 'Does variable mean uncertain'?".
That is the Achilles' Heel.
To keep the truth from the people, the electronic and print media have built a wall of silence around all the proceedings and the judges are refusũng allow the matter to go before a jury. The contents of this book will tell of the skullduggery employed to those ends.
Now that channels of appeal and methods of redress and remedy have been attempted. Now that law and justice have been decidely perverted. Now it is time to "go to the streets" with a campaign of creating awareness and demanding that truth be enforced.
The people know what is right.
There must be posters/stickers/leaflets/messages saying:
"VARIABLE MEANS FRAUD SO SAYS COMMON LAW".
These words must be seen everywhere. In the vicinity of banks. On carbumpers. Under windscreen wipers. Handed to shoppers in malls.
The banks will ignore it. But it must persist.
It may take a year but the awareness must be created. The banks are our servants and not our masters.
When people see the words, "Variable means fraud so says common law", some will want to know more. Then the questioning will start.
Q: "Why is it fraud?"
A:
To make out a loan contract with uncertainty of terms (i.e.: variable or uncertain interest rates) to be a valid contract is false representation or fraud. To take money by fraud is stealing. The 8th Commandment says: "Thou shalt not steal".
Q: "But agreed to those terms and signed the contract?"
A:
You cannot agree to be defrauded. Signing a fraudulent document is void and of no effect.
Q: If the interest rates go down, isn't it to my advantage if the bank lowers
my rate at the same time?
A:
The contract is still fraud. It is invalid. If the market interest rates go down, then a memorandum can be added to a valid contract to fixin the new and lower rate. This must be agreed to and signed by both parties.
Q: And I suppose if the market rates go up then, with a valid contract, i.e.:.:
with a fixed rate, the bank can't make me pay any more!?
A: That is correct. You have the protection of a legitimate contract.
Q: What about all those poor individuals who have suffered in the past when the
banks changed the interest on their loans anything up to 23% or more?
A:
They are entitled to restitution, i.e.: the return of stolen money or property. The Bible says they should get that plus another one fifth. The actual amount to be returned would have to be calculated in each case.
Q: Why don't the courts recognise the swindle?
A: It's called
corruption.
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