Deborah-May Torrens

A copy of the public notice record below:

Common Law Courts

Great Britain & International

Reference No: PN / 21 / 51900

Name Deborah-May Torrens
Date 02/12/2019

PUBLIC TO NOTICE TO ESTABLISH A NEW SHERIFF’S OFFICE FOR THE COMMON LAW COURTS IN THE FOLLOWING
LOCATIONS TO FULFILL THE RIGHTS OF THE COMMON PEOPLE UNDER COMMON LAW IN AUSTRALIA AS OF THE
2ND OF DECEMBER, 2019;

LOFTVILLE, NEW SOUTH WALES, 0000, (Head CLC Sheriff, Deborah-May)
GERALDTON, WESTERN AUSTRALIA, 0000, (Head CLC Sheriff, Maureen Ryan).
BRISBANE, QUEENSLAND, 0000, (Head CLC Sheriff, Leon Petrou).
KEMPSEY, NEW SOUTH WALES, 0000, Head CLC Sheriff, Martin Tribe)
ALL ABORIGINAL TENT EMBASSIES
THE ABORIGINAL TENT EMBASSY HQ, CANBERRA, 0000.

This is a public notice to let the public know that a new Sheriff’s Office will be established in the aforesaid mentioned places, to begin officially enforcing Writs for levy of property or property seizure orders.

The new CLC Australia, Office of the Sheriff can now lawfully seize and sell a person’s property after:

1. The Common Law Court has issued a writ for levy of property or
2. The Common Law Court Australia (Loftville) has issued a property seizure order because the individual acquired the land or property;
unconstitutionally, and therefore unlawfully.
3. If the land was acquired through racially discriminatory statutes, legislations acts or policies that were used to exclude and/or deny the Original Tribes also known as the Caretakers and Landowners.
4. If land has been acquired, leased, bought, sold or traded without the involvement of the local Tribal Nation.
5. If Tribal land have been requested by Original Land owners to properly establish themselves as a unique community and culture and been ignored, denied or rejected, then this land (unused) will be seized and then returned so the Tribal Nation can now advance themselves according to their best needs and interests in order for them to maintain their unique and ancient cultures.

This is often the final measure after the debtor has had a chance to pay the court judgment or fine. Sheriff’s officers visit the address of the person that owes the money or an unpaid fine to enforce the writ or order.

Property that can be taken and sold by the Common Law Courts Sheriff’s.

The person is notified that his or her property will be taken and sold if the fine or amount owing, plus any additional costs, is not paid. If the amount or fine is paid, the matter is finalised and the sheriff takes no further action.

If the amount or fine is not paid, the CLC Australia sheriff will make a list or inventory of the property that will be taken and sold.

This can include personal assets such as furniture or jewellery, or if the amount owing is more than $10,000, can include houses and land. Cars, boats and appliances are among other goods that can be seized.

The sheriff is not entitled to seize certain items, including personal clothing, bedroom or kitchen furniture and tools of trade that do not exceed $2,000.

Removing seized property

Once the list is made, the sheriff can either remove or seize the items from the premises immediately (known as closed possession) or can appoint a person as the custodian of those items (walking possession).

The custodian is responsible for making sure that the items on the list are not removed from the location, interfered with or disposed of. If any items are removed, sold, damaged or destroyed, the custodian can be charged with an offence.

If you are the creditor (the person who is owed the money) more information on what happens with a sheriff’s seizure is available on the fact sheet Notice to creditors: service and enforcement of process [PDF 27kb].

What if the property belongs to someone else?

If any property listed on the inventory belongs to someone else, the legal owner can apply for its return by filling in a Notice to CLC Sheriff of Disputed Property form (go to Civil forms and download Form 75). The legal owner or claimant will need to provide proof of ownership, such as receipts or proof of purchase, to the sheriff’s office that made the seizure.

The sheriff will then ask the creditor if they agree to the claimant’s property being released.

If the creditor does not agree, the Office of the Sheriff may have to apply to a court to consider the ownership of the property. The creditor, the claimant and the sheriff’s officer may need to attend court.

Can you make a payment arrangement with the sheriff?

No. The Office of the Sheriff cannot take instructions from people who owe money or their representative.

If you are the person who owes the money, the property seizure order directs the sheriff to take and sell your property. To try to make a payment arrangement, you must speak to the creditor or make an application to the court office.

Should you succeed in making an arrangement to pay the money back directly to the creditor, then it is up to the creditor to inform the Office of the Sheriff about this.