I have been writing about and against The Murphy Myth for several
months. This protrays Australia as having no legal government and
therefore there is no reason to pay taxes. I have now completed a
25 A4 page analysis of this farce. It is attached in Adobe Acrobat
format.
In court cases in the State Supreme Courts, the Federal Court and
the High Court the argument has been continually, unanimously
and totally rejected; whatever else it may be it is not the law of
Australia. The attached document shows that all of The Murphy
Myth arguments have now been dismissed by the Australian
courts. Whatever else, there is no doubt that to use any of these
arguments in Australian courts can only bring a single outcome -
UTTER FAILURE!
Why then are several groups continuing to push this Myth and to
take money of people saying that they will represent them in the
Australian Courts with this argument ? The Australian Courts have
stated the following,
�The submissions are apparently derived from an unidentified group
of persons who, perhaps for personal gain, encourage others to
present such arguments to bureaucrats and the courts ... The
submissions well merit the term �groundless�.... . The problem
would be, to say the least, even more serious were a solicitor or
barrister to participate in advertising to persons with potential
income tax liabilities that advice was available how to escape those
liabilities upon payment of a fee which then encouraged the
making of arguments before courts which were bound to fail " (The
Queensland Supreme Court(Walsh) and Federal Court (Levick)).
If you know of any people that are attempting to defer a tax liability
on the basis of these cases please inform them they MUST FAIL.
Any other outcome would be the legal equivalent of defying gravity!
If you want to believe the Murphy Myth that is fine. But noone can
believe you can succeed in an Australian Court with it after having
read the cases. The following are the cases that totally reject all of
the laws of The Murphy Myth.
1. Professional Nominees P/L v Walsh & Anor
[1998] QCA 296 (29 September 1998)
2. Joosse v Australian Securities and Investment Commission
[1998] HCA 77 21 December 1998
3. Deputy Commissioner of Taxation v Levick
[1999] FCA 1580 (1 December 1999)
4. Helljay Investments Pty Ltd v Deputy Commissioner of Taxation
[1999] HCA 56
5. Kevjen Pty Ltd v Deputy Commissioner of Taxation
Supreme Court of Queensland , 4 th August 1999, No S 6694
of 1999
6. Deputy Commissioner of Taxation v Hoperidge Pty Ltd
Supreme Court of Queensland , 28 July 1999, No S 5876 of
1999
If someone reads these cases and tells you otherwise he is either
a liar, an idiot or a CON-ARTIST.
Kerry Spencer-Salt B.E., LL.B (Hons)
Funancials Pty Ltd A.C.N. No. 058 865 900
TRADING AS
Australian Community Organisation Publications
P.O. Box 136, Surry Hills NSW 2010
Phone : (02) 9360 0610
E-Mail : [EMAIL PROTECTED]
Website : www.rockroll.com.au/watchman
=== NOTES ON VIEWING FILE =====
Files are attached in Acrobat format and you must have an Acrobat
viewer to see what is
attached.
As you may only be beginning on the Internet you may not have
Acrobat. However it is a very
common method of distributing information on the net. For
instance, it is the format that the
Australian Parliament uses to send Bills and Acts electronically.
Their web site
(http://www.aph.gov.au/hansard/pdfinfo.htm) explains how it works
and allows you to download it.
If you do not have it already you will need it shortly. Adobe Acrobat
is free if you do not have it. I recommend that you take an
opportunity now and download it from either from the Parliamentary
site above or go direct to the maker of the software (Adobe) and
their download page.
http://www.adobe.com/prodindex/acrobat/readstep.html
This latter site has more versions that can be downloaded. Should
you need a Macintosh version you will have to go direct to Adobe.
The following section of this message contains a file attachment
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---- File information -----------
File: myth.pdf
Date: 27 Feb 2000, 16:31
Size: 356767 bytes.
Type: Acrobat
myth.pdf