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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Common Law question on commercial liens. An ex-friend of mine

Customer Question

Common Law question on commercial liens.
An ex-friend of mine Wronged my badly, by Bringing False charges against me, and while I do not have a conviction, I still have black marks on mu squeaky clean record of 45 yeas standing.
s member of the public, am I able to bring a commercial lien aginst another member of the oublic?
All the examples have bee where people bring commercial liens agianst people in the IRS, and government bodies, even though it says that you can bring one gsinst ANYONE who you feel hs wronged you..
Hope you can give me a good explanation!
Cheers,
Jo
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
This is a US thing and does not apply to Australia
Did the police withdraw the charges?
Customer: replied 1 year ago.
No they did not and I had to go to court.
I thought Commercial liens were Common Lw in Aus too, since it is based onEnglish common law and te constitution of Australia
Expert:  Leon replied 1 year ago.
Good Morning
A lien is permitted over goods for non payment and you have to have it in the contract you have.
Many professionals have a lien over their files until they are paid by the client.
You cannot hold a lien over a person because they pressed charges on you.
Customer: replied 1 year ago.
This is what I found on the process of commercial liens in Australia. It says I can take one out aginst Anybody who has Wronged me. This bloke Wronged me by pressing false legal charges."What is a Commercial Lien?If someone has 'wronged' you, by their actions, you have a remedy, in Law. The Common Law is the Law-of-the-Land, and is the highest man-made Law under which the People of the Nation are bound.Under the Common Law, everyone is individually responsible for their own actions. The 'office' they may hold, the 'authority' they may consider they have, and/or the uniform they may wear, does not protect them in any way, shape, form. Simply because they (like everyone else) are responsible for every action they take. This was set into tablets of stone following Word War II, at the Nuremberg Trials. German Officers claimed "I was only obeying orders", yet they were still found guilty, and hung accordingly. This also forms a part of the Geneva Convention to which most Countries are signatories, especially the United Kingdom. Thus "I was only obeying orders" is not a defence."Also this:
"In simple terms you write down The Exact Truth of what occurred, based on your first-hand knowledge, including any necessary supporting documentation. You will be writing under penalty of perjury, so do not lie, or make any Statements you feel you cannot prove. You explain the 'wrong', and you claim damages. You claim damages that you feel you deserve.You write this in the form of a sworn Affidavit, and send it to whoever 'wronged' you, giving them 30 days to rebut what you have said. You tell them that you will remove any Statements they can prove to be incorrect, but the result (after all removals) will be Notarised and placed on to the Public Record.You must take this step. Because it is honourable, and you must remain in honour. You cannot expect a Commercial Lien to work if you cannot prove this step. Thus your Notice should be sent by Recorded Delivery, such that you can prove it was received. If you do not take this step you can expect your collar to be felt at some later date because it is essential, and the essence of the Common Law, that a Party you consider offended you has the chance put their side of the story, and you must not deny them that chance.It is very important to remember how the Common Law works. This is solely by Verdicts of Juries (upon hearing first-hand knowledge-based evidence) and by unrebutted Statements of Truth (also based solely upon first-hand knowledge).What remains unrebutted, in substance, creates The Truth, in Law. (This is the only way the Law can work. It relies on people being truthful, with the possibility of perjuring themselves if they lie). Note that 'in substance' does not mean 'simple denial' as in "No, I didn't!". 'In substance' means denial with supporting proof. (And remember "I was only obeying orders" is not 'proof', nor is it any kind of defence. Neither, by the way, is "I didn't know" - because ignorance of the Law is no excuse. They should have checked, and discovered whether or not their actions were lawful and/or moral, before doing whatever they did).Being The Truth, in Law, it immediately becomes The Judgement, in Law."So why can I not take a commercial lien out against him, and put the Truth on Public Record?
Expert:  Leon replied 1 year ago.
Good Morning
You have to sue and get a judgement from the court in your favour. Once you have this then you have a right to enforce it and then the lien comes in.
The trust does not automatically become a judgement. You have the right to sue a person if you have been wronged and seek damages (compensation). If the court agrees and makes judgement in your favour then you have something that you can enforce.
I would assume the other party will deny your right and so you do not have a lien.
I hope this is clearer?
Expert:  Leon replied 1 year ago.
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon