Effective Law Reform Model 

Updated April 18, 2003

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Effective Law Reform is the full computerizing and Internet exposure of all Legal Matters so that the truth emerges and we have true justice.

John Robertson

 

Sunday, 7 October 2001, the missile bombardment against the Bin Laden camps commenced. My personal experiences are a micro-ism of world money and law problems.  In the long term, the World could be cleansed by applying the suggested Money and Law Reform.

CASE HISTORY

Scroll down to find Re: ROBERT JAMES <<SEMMENS>> And: COMMISSIONER OF TAXATION Nos. ST.86/519, 520 and 521 AAT No. 4937 Taxation or click (below)

Saturday, January 11, 2003 – Today we went Full Circle.From the Internet came a voice from the past – from 24 years ago!. …….

The US E-mail:

From:gmcmurray805@aol.com

Date: Saturday, January 11, 2003 03:45:15

To:Freedom@altnews.com.au

Subject: Website comment

Hi John, Gail McMurray here.  I was looking for Garran (McPhee) and found your web site.  I have always wondered what had happened and where everyone was.  Can you believe I am still in the sheepskin biz?  I kept a shop going in 1000 Oaks for 18 years.  Of course relocating several times and I helped people open 3 shops/ Santa Barbara, Scottsdale, AZ. And San Antonio Texas.  Santa Barbara is still going and has sold several times.  In 1998 I was tired of operating retail and closed, thinking that I would take several months off, but failed because several suppliers of sheepskin offered me work.  I now work for a company that imports and exports sheepskin and hair-on cowhides as well as finished leather.  Brazil mostly, Some Argentina and of course China.  I would like to hear from you.  It was very interesting reading about this endeavor on the Internet.  Imagine my shock at seeing my name.  I have a new website sheepskinsrus.com.  Nice work keep up the good effort. 
                   Sincerely, Gail McMurray

For more, go to Gail’s website: http://www.sheepskinsrus.com/contentpages/aboutus.htm

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January 16, 2003

Open email to Prime Minister Howard with copies to Federal and South Australian Members of Parliament. 

Dear Prime Minister,

In 1979, when you were Treasurer, you sabotaged the export campaign of the time by restricting the money available to pay the promised export grants; perhaps Austrade provided wrong information to mislead you?

In about 1983 I was in Canberra and called on Mr. Burgess who told me that the total applications for export grants was much higher than budgeted for and that the Grants Board Officers pruned claims to come within the budget. 

·        An extract from my website: ‘Saturday, January 11, 2003 – Today we went Full Circle.From the Internet came a voice from the past – from 24 years ago!  Armed with this up-to-date report I am starting with Prime Minister of Australia, John Howard, for he started the problem in 1979, when he was Treasurer.  The truth has emerged.  Let us now see if we can obtain true justice.’

The disaster for several exporters started when the Advertiser newspaper reported, April 14, 1978, 'Exporters to get $66m.boost'.

I accepted the offer of the Deputy Prime Minister (Hon Doug Anthony)'to make full use of the facilities and incentives being offered, and gear themselves for a period of renewed export development' and 'government and industry in partnership'.  I applied a full time export effort from that day until 30 June 1979.

The Prime Minister of the time, Malcolm Fraser, was reported in the Advertiser on 21 June 1978, 'My Government will, through predictable policies give Australian industry the effective support and encouragement it needs'.

Three of us mortgaged our homes to raise bank loans to conduct our export promotion, and when you proved Fraser’s policy was NOT predictable, we lost our homes.

I started Civil Claims for Damages against the Commonwealth and South Australian Governments.  Appeals to the Administrative Appeals Tribunal (AAT) followed.  In 1989 I presented a tax case to Deputy President Layton of the AAT for my client Robert Semmens.  Robert Lawson presented the case for the Commissioner of Taxation.  The publication of Layton’s Decision on the Internet has caused me to propose Effective Law Reform, which is that ALL Court Documents should be put on the Internet for public scrutiny.

Layton should be sacked to demonstrate to all, that Judicial spinning can now be exposed and is no longer tolerated. 

Layton is a very intelligent person and must be aware of the general extortion practised on taxpayers by the Commissioner of Taxation through his officers.  Layton must also have known that Administrative Appeals Tribunal President, Davies J, had the general reputation of being a failed Federal Judge. Davies J. denied the Semmens Group their export grants because he followed Export Grants Officer Batley's spin that Semmens and I 'were not at arm's length'.

Layton did not attempt to endorse Davies' unsupportable Decision, she endorsed Lawson's Tax Office spin instead.  In no way whatsoever did I have any interest in, or control of, Semmens' businesses and neither did he have any control or interest whatsoever in any business of mine.  Batley and Davies J were malicious spinners, pruning export market development claims to meet your restrictive budget.

In 1989, Lawson (for Tax) obtained documents from Corporate Affairs Commission (CAC) and unwittingly put into evidence a memo dated May 1 1979, written by exporter Konstas at the end of April 1979.- which is before May and June 1979!  This April/May 1st  1979 memo had not been disclosed to the Courts by Lane, of CAC, thus enabling him to fabricate his prosecution case.

Layton's spin was taken from Lawson who got it from Lane; it is,  'It was also in or about May to early June 1979 that the economic problems of Mr. Robertson and the applicant emerged.'

In May and June 1979 I (Robertson) had no economic problems and neither did the applicant (Semmens).  Cash was flowing freely.  McPhee did an excellent job of opening two US shops by the end of June 1979 and opening two more US shops soon afterwards. 

'The failure to obtain such funding was critical and it was this crisisis Layton garbage that came from Lawson who got it from Simon Lane of Corporate Affairs Commission (CAC) who made up this crisis story!

The background to the Lane fabricated crisis story is that In 1984 I was in the process of claiming extensive damages from the Commonwealth and South Australian Governments arising from the extortion and conspiracy practiced by the Commissioner of Taxation against my clients of the 1969 to 1979 era.  Lane constructed a defense to any and all of my claims by setting out to have me committed of a criminal offence.

To get his fabricated prosecution before an incompetent Magistrates Court Lane had to create a small offence; a large offence would be a Commonwealth matter to be heard in a superior Federal Court.  If there was an offence, which there was not, it would have been a serious offence heard by a Federal Court where proper human rights would have applied and a fair hearing could be expected.

So Lane made up his little story that all was well to begin with in April and then a crisis in late May or early June followed.   Lane said that to overcome this 'crisis' Semmens breached a minor section of The South Australian Companies Act, by carrying on the business of a company to attempt to defraud the Export Development Grants Board, and that I helped him.

Lane got his fabrication before a South Australian Magistrate, Peter St  L. Kelly. 

Contrary to intelligent Layton, Kelly, in sentencing me showed his dementia by saying I both gave evidence and did not give evidence.  South Australia has an uncivilised appeal system where there is no right for a re-hearing before a judge; so Semmens and I both served two months in jail.  Australia has no effective human rights law.

Lane thus succeeded in creating the defense against my claims for damages in the Civil Courts.  Prosecuting the unfortunate Semmens was Lane's ploy to get to me and create a defense for the Governments and their agents.

Then for the Layton AAT Tax Hearing, Lawson got hold of Lane's documents and this included the Konstas April/May 1st  memo. 

Lane should have disclosed the Konstas April/May 1st  memo to Brian Martin QC who represented me at the Magistrate Kelly trial.  Lane deceived everyone until Lawson produced the April/May 1st  memo at the Layton AAT tax hearing some years later 

Lane deliberately deceived the Courts to gain success with his malicious prosecution.

The Konstas April/May 1st  memo shows that before large amounts of sheepskin products were sent to the US in May, Konstas was recommending the $300,000 transactions.  That memo, hidden by Lane, exposes the whole crime of malicious prosecution by Lane.  About four years later, Lawson, not realising what he was doing, put the hidden memo forward as evidence. 

Layton, following Lawson's Lane-corrupted case for the Commissioner, and not the truthful evidence, wrote her spin.

Why do taxpayers give sworn evidence when the Commissioner’s legal representatives only have to tell a corrupted story to win?  The answer is that the Commissioner always gets away with it.

The January 11, 2003 email from the US proves my exporting concept of 1977/8 was sound. 

The good thing to come from the burdens you imposed on my exporting clients and me when you were Treasurer is our added experience that caused me to create ‘Google Code 1:The Key to World Peace’. http://www.robertsonj32.freeserve.co.uk/googlekeytoworldpeace.htm#GoogleCode1

Tax, Law and Trade are topics that you and I have specialized in; you as a public sector politician and me as a private enterprise export consultant.  I believe you are well able to assess my Freedom Proposals and I would appreciate your comments for publication in my website.   You may recall that in the early 1990’s Frank Ford, Liberal Member for Frankston, was in a business group with similar tax ideas to mine. 

Your decision in 1979 to restrict promised expenditure on export market development grants proved to be wrong, as the promotional effort my clients and I made in 1979, benefited Brazil, Argentina and China (see January 11, 2003 email from the US).  My decision in 1978, to establish a marketing beach-head for Australian sheepskin car seat covers etc. was right, as can be seen from Gail McMurray’s 2003 email.  My fault was that I trusted the Fraser Government and the Judiciary. 

The US 2003 email rounds off my excellent record of pioneering revolutionary good ideas.  The late CR (Bert) Kelly is recorded in House of Representatives Debates, 30 November 1965, pp 3347-48, saying I was the type of person needed in Australia.  I have been pushing the Money Solution since 1990 and no sensible objection has yet been raised.  

I put it that the Public Sector has proven that it is untrustworthy and stuck in its 19th and 20th Century incompetent tax, trading and law ways.  I suggest Australia becomes the World Leader for this 21st Century, by you introducing: 

·        The Australian Taxation Office cut by 75%, with the scrapping of all existing tax, and instead, using the efficient and fair 1% Freedom money turnover tax. 

·        The Customs Office cut by 50%, with Australia being a free trading nation with a flat rate of tax @ 5% to 20%, as needed for revenue, on all money going overseas. 

·        Effective Law Reform immediately to catch out bad judges and bad lawyers just as DNA has caught out murderers etc who otherwise would have escaped justice 

·        Austrade increased by 50%. 

Why don’t you start by having some tax, trade and law experts debate by email with me, then report to you?  Let’s get a public debate going, starting with you and other Members of Parliaments.

This email and the background information is found on my websites http://freedomsolution.info/index.htm and http://www.robertsonj32.freeserve.co.uk/index.html#Money particularly Effective Law Reform Model at http://www.robertsonj32.freeserve.co.uk/EffectiveLawReformModel.htm where you may read the US January 11, 2003 email and the Layton AAT Decision.

Yours truly, 

John Robertson 

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Administrative Appeals Tribunal Decisions 

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Re: ROBERT JAMES <<SEMMENS>> And: COMMISSIONER OF TAXATION Nos. ST.86/519, 520 and 521 AAT No. 4937 Taxation 




ADMINISTRATIVE APPEALS TRIBUNAL 
TAXATION APPEALS DIVISION 
R.A. Layton(1) (Deputy President), Dr D.B. Williams(1) (Member) and 
D.J. Trowse(1) (Member) 

Comment: Two years ago, as I was working on my website, I saw the name Professor R A Layton and also Deputy President R A Layton and wrote the passage:

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Here in England, on 27/3/99, while looking at various papers, I noticed for the first time two documents connected to the same name, although written seventeen years apart...The two documents are in absolute conflict.

The full text is at http://www.altnews.com.au/freedom/p1s4d.htm#Home

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Now, from May 2001, via the internet, we all have the Deputy President R (Robyn) A Layton Decision (judgement) but not the transcripts.  However, I was there and I have my memory and one exhibit.  From this I have created this first Working Model for Effective Law Reform.  I believe that the Law can become good (by exposing the Spin).  Not only that, businesses in Australia can follow this Layton Decision and not pay income tax.

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For full Effective Law Reform we need the judgement, reasons and transcripts on the Internet..

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There is also an earlier Administrative Appeals Tribunal (AAT) Decision on the same matter, but relating to Export Grants (not Income Tax).  The Exports Grants case is not on the Internet.  I saw the hard copy paper file in 1985 and in that I read a memo from AAT Member Pascoe to President Justice Davies recommending that he not show his bias against Semmens and his group.

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Judge Davies came up with the ridiculous Decision that Robert Semmens and I 'were not at arms length'.  Layton did not confirm that Davies' biassed Decision and spun her own story to agree with Davies' Decision, but getting there in another way.  Now, by following Layton's Decision, all Australian businesses may cease paying income tax.

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Then there are two related cases in the Adelaide Magistrates Court, one prosecuting Semmens for attempted company fraud and the other case prosecuting me for aiding and abetting Semmens; we were both jailed for two months.  These Magistrates cases were sandwiched between the Davies AAT Hearing and the Layton AAT Hearing.

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The Magistrates Court prosecutions were malicious with Prosecutor Simon Lane fabricating his cases and his witness, Barbara Thorpe fabricating evidence and committing perjury.  I do not expect to find these Magistrate cases on the Internet but I have found-

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http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/aat/unrep1437.html?query=%7e+sheepskin+and+stone+exporter+no+3

-which is the foundation for Case History Davies Spin

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I suggest you read on, as Deputy President R A Layton has done an excellent job of laying out the case below, the trouble is in the spin that she developed, bit by bit. The benefit is, that in Layton deciding that the Semmens group were not carrying on business, all Australians may do as the Semmens group did, and also not be carrying on business and not be required to lodge income tax returns!

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Layton's wrong is that she had the ability to correct the stupid decisions of Judge Davies and the South Australian Magistrates, Chivel and Peter Kelly.  Instead she followed the malicious spin put to her by Government employees through lawyer, Robert Lawson  - and now we have a stupid precedent for businesses to  follow to their advantage!

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Davies' bias led to the jailings of Semmens and me.  The bias came from Ken Batley and Chairman Daley of the Export Development Grants Board who in turn got their bias from Board Member, Mr. W.J. Austen.  Austen did not like seeing his name in my 97 Page Yellow Book which is Exhibit A1 in this Layton Hearing. My book showed a Report of Panel 38 on Export Consultants. Included in that Report is the list of Members of Panel 38 showing Mr. W.J. Austen and Professor R.(Roger) A. Layton.

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Austen gained his bias against me by reading the 1976 J8 Jack Greenslade Taxation Board of Review Case where R Matheson QC breached the Commonwealth Crimes Act when he deceived a witness (me) to affect my testimony.

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I claimed damages against Matheson QC in the Supreme Court of South Australia who was by then a Supreme Court Judge.  Justice Matheson was defended by John Von Doussa QC who is now, in 2001, part of the Law Reform Commission whose website linked me to this vital Layton AAT Decision.  The wheel turns on the Internet..

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Cronyism protected the several criminals within the South Australian and Commonwealth Governments. They jailed Semmens and me to destroy our otherwise blameless reputations and so create a legal defense to my civil claims for damages, against the Governments and Government employees.

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Layton had all the time she needed to do her job.  By comparison, Matheson, who started the whole trouble, was falsely briefed by socialist Taxation Officers, Hann, Parker and others.  As a result of the false briefing Matheson was losing in his joust with me, the main witness for Greenslade.  In his predicament, Matheson pulled his barrister's stunt of pretending to read from a memo in his hand.  With that deception Matheson turned the case and caused the extortion of money from about 130 people and the destruction of several good exporting businesses.

Paragraghs 1 to 3 are the necessary dry bits.  Para 4 warms up.

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ADELAIDE

#DATE 24:2:1989 

ORDER

  The decision of the Commissioner of Taxation under review is affirmed. 

JUDGE1

Click here for Case History - Layton Spin Para 1 – 45

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