Supreme Court of Queensland

SUPREME COURT OF QUEENSLAND

REGISTRY: CAIRNS

NUMBER: 3171 of 2009

Plaintiff STGEORGE BANK LIMITED

ABN 92 055 513 070

AND

Defendants JULIENNE VERONICA SEYMOUR

AND JOHN PATRICK BABET

AFFIDAVIT

I,John Patrick Babet, 72 Kewarra Street, Kewarra Beach Qld 4879, deponent do solemnly, sincerely and truly affirm and declare that this Affidavit is supplementary to Application and Affidavit filed in Brisbane Registry 12 May 2010.

ADDRESS to JUSTICE James Douglas, CORPORATETRIBUNALOF THE " QUEENSLAND STATE GOVERNMENT " ABN 75818456675 and "STATE OF QUEENSLAND" USSEC 0001244818 - "QUEENSLAND TREASURY CORPORATION" ABN 15736217171 USSEC 0000852555 - at CAIRNS 11 JUNE 2010

1.Dear brother, James Douglas, Justice of this Tribunal ... trusting you to be a "Good" and 'Honest" God fearing man ...in the Spirit of TRUTH and JUSTICE, I make this submission to assist you to familiarise yourself with the evidentiary documents before the limited 20 minute hearing.

2. Exhibits A to G to this affidavit are attached

Evidence regarding Orders 2 to 6 of Application 12 May 2010

1.Summary of St George Bank Ltd Deceptions- Unlawful Wrongs EXHIBIT A- PAGE 4 -for details

2.Plaintiff refused to supply "Proof of Claim" - supporting documents

EXHIBIT B - PAGE 6 - items 12 to 29

3.Plaintifffiled a defective Supreme Court Claim

EXHIBIT C - PAGE 9 - items 1 to 11

4 Plaintiff by deception, obtained a Supreme Court Order

EXHIBIT D - PAGE 12 - for details

5 Plaintiff by deception, obtained a Supreme CourtDefault Judgement

EXHIBIT E - PAGE 17 - for details

SHEET 1

Deponent Witness

AFFIDAVIT John Patrick Babet, 72 Kewarra Form 46 Rule 431 Street, Kewarra Beach Qld 4879

Filed on behalf of the Defendants

NEW EVIDENCE - NEW ORDER 8

EXHIBIT F details PAGE 19

Order 8: The Plaintiff Claim be Dismissed because of ;

i. Fraud, Deceit, Lack of Good Faith (ref. your article on "Bona Fides"), etc.

ii. Failure to provide an Affidavit of Proof of Claim

iii.Failure to provide "Mortgage-Promissory Note"

iv Failure to offset Redemption Bond against Mortgage.

Copies of written communications with the plaintiff.

EXHIBIT G-

[Notice], for this witness of this affidavit is John Patrick: Babet, Soul-man ... sui juris to GOD the Father ... and the authorised Creditor, and registered trade mark holder for the defendants JOHN PATRICK BABET - JULIENNE VERONICA SEYMOUR, which entities are artificial PERSONS - CORPORATIONS created by the STATE, without consent, of the free Soul-man :John Patrick Babet, and free Soul-woman : Julienne Veronica Seymour.

In God, the Father-Creator-Source of All we Trust

SHEET 2

Signed and solemnly, sincerely and truly affirmed and declared by the said deponent at .Cairns this 8th day of June. 2010, in the presence of :.

Deponent Witness

AFFIDAVIT John Patrick Babet, 72 Kewarra Form 46 Rule 431 Street, Kewarra Beach Qld 4879

Filed on behalf of the Defendants Phone 0411 877 506

SUPREME COURT OF QUEENSLAND

REGISTRY: CAIRNS

NUMBER: 3171 of 2009

Plaintiff STGEORGE BANK LIMITED

ABN 92 055 513 070

AND

Defendants JULIENNE VERONICA SEYMOUR

AND JOHN PATRICK BABET

CERTIFICATE OF EXHIBITS

Bound and marked A - G are the exhibits to the affidavit of John Patrick Babet, 72 Kewarra Street, Kewarra Beach Qld 4879, Affirmed on 8 June 2010

in the presence of;

Deponent Witness

CERTIFICATE OF EXHIBITS

John Patrick Babet, 72 Kewarra Form 47 Rule 435 Street, Kewarra Beach Qld 4879

Filed on behalf of the Defendants Phone 0411 877 506

EXHIBIT A

SUMMARY ST GEORGE BANK LTD DECEPTIONS-UNLAWFUL ACTIONS

i. Plaintiff refused to supply "Proof of Claim", and supporting documents

ii. Plaintifffiled a defective Supreme Court Claim

iii. Plaintiff by deception, obtained a Supreme Court Order

iv. Plaintiff by deception, obtained a Supreme Court Default Judgement

v. Plaintiff by deception, obtained, a Supreme Court Enforcement Warrant -

CHRONOLOGY of communication involving Brisbane Supreme Court;

01.Plaintiff made a Claim for possession of parcels of land Lots 201 and 202

02.Defendants requested Plaintiffs "Proof of Claim" by Affidavit

03 Plaintiff refused to "Prove Claim" nor supply original Mortgage Instrument

04.Defendants issued a Dishonour - Default Notice

05.Plaintiff filed a "defective"Supreme CourtClaim

06.Defendants filed Conditional Notice of Defence, not accepted by BSCourt 07.Defendants filed a First & Final Notice, conditional acceptance by BS Court

08.Plaintiff obtained, by deception, a Supreme Court Order

09.Defendants issued a Notice of Fact Default Demand

10.Plaintiff obtained, by deception, a Supreme Court Default Judgement

11 Defendants issued a Notice of Fact & Demand for Natural Justice

12 Plaintiff obtained,by deception, a Supreme Court "Enforcement Warrant -

13.Defendants Application for 7 Orders to be heard at Cairns 11 June 2010

Registered Post ... copies available at hearing

2009

January 23 2009 letter to MD St George- Request for particulars of Claim

January 30 letter to MD St George- Promissory Note - trial by Jury

March 4 letter to Kemp Strang - Request for particulars of Claim -Bond

March 13 letter to Kemp Strang - A/C "accepted for value" - Bond offset

March 17 letter to Kemp Strang - Dishonour & Default Notice

March 24 Statement of Claim by St George - Supreme Court Brisbane

March 26 letter to Kemp Strang - Currency Act 1965

April 20 Conditional Notice of Intention to Defend form 7 Rule 144 and Notice of Intention to Defend form 6 Rule 139 returned by Registrar-"as they were not form 17 ... Defence /Defence with counter claim"

May 8 First-Final Notice Demand to St G-Supreme Court -Premier Bligh-

Attorney General Dick -Chief Justice de Jersey-PM Rudd

Nov 27 Invalid Order by Senior JudgeByrne allowing service by mail

Dec 17 Notice of Fact Default Demand to St George,de Jersey-Byrne-Enright

======

Registered Post ... copies available at hearing

2010

March 3 2010 Invalid Default Judgement issued by Deputy Registrar Enright

March 10 Acceptance of Value letter to G Bartlett CEO St George

March 11 Notice Fact,Demand for Natural Justice to de Jersey,Byrne - Enright

March 17 Claim Penalty to St George Directors, de Jersey -Byrne - Enright

March 17 Freedom-Possession Claim St George, de Jersey - Byrne - Enright

April 6 Notice that "Possession" documents must be Valid-Lawful- St George

April 6 Claim of Denial of Justice to PremierBligh, PM Rudd

April 8 letter requesting Protection from the State of Qld Judiciary to PM Rudd

April 29 letter to Bartlett CEO St George re Correct syntax Mortgage contract.

April 29 Claim for Righting of Wrongs and for Securities Fraud to St George - Westpac Directors, solicitors ... Bligh and the Queensland State Government

May 17 Letterto Director Gail Kelly St George-Westpac to rectify Securities Fraud, Withdraw Unlawful Claim, negotiate Settlement.

EXHIBIT B

[NOT]ICE OF LEGAL RIGHTS AND DEMANDS OF DEFENDANTS

In the matter BS 3171 of 2009 the SUPREME COURT OF QUEENSLAND

as outlined in Notice of Intention to Defend 20/4/09 - First & Final Notice of Demand 8/5/09 - Notice of Fact, Default, Demand 17/12/09

Main headings:

RECTIFY DEFECTIVE DOCUMENTS

SUPPLY MISSING DOCUMENTS -

RIGHT TO TRIAL BY JURY OF TWELVE

RIGHT TO HAVE MATTER HEARD AT NEAREST COURT CAIRNS

PLAINTIFF TO SUBMIT PROOF OF CLAIM BY SWORN AFFIDAVIT

PLAINTIFF TO SUBMIT PROOF OF IDENTITY OF DEFENDANTS

1.The Plaintiffs Claim is NOT SEALED in accordance with the terms and conditions of the policy where there is a legal obligation to comply with under Section 190 of the Supreme Court Act 1995, and Section 37 of the Queensland Constitution 2001, which require originating documents filed in REGISTRY to be "impressed" with a seal having inscribed on a label thereon the words THE SEAL OF THE SUPREME COURT OF QUEENSLAND, a sample of which is attached.

2.The Plaintiff, and the Supreme Court OFFICE IN BRISBANE, have not provided documents that can be authenticated as being filed in, or issued out of the Supreme Court of Queensland in accordance with the Supreme Court Act 1995: Property Law Act (Qld) 1974, and Land Titles Act 1994, which are allegedly commenced on the commencement of the Statute Law Revision Act after receiving Royal Assent.

The Plaintiff is required to provide, within 14 days, a genuine, clear, readable photo-copy of the original PROCLAMATION and/or Royal Assent that the Governor has personallysigned and sealed, as the Governor of Queensland, to lawfully commence thestatutory provisions of the above mentioned Acts or other Act which have commenced the above mentioned Acts..

If the Proclamation has been issued by another individualwho is authorised to issue the Proclamation for and on behalf of the Governor, you are also required to provide a genuine, readable photo-copy of the instrument of delegation which has been signed and sealed by the Governor to authenticate, and authorise the delegation of these powers and functions of the Queen's representative.

3. The alleged Defendants claim their Common Law Right to Trial by a Jury of twelve Living, Breathing, Men-Women; not 4 as provided by Statute .

4. The Plaintiffs Claim should be filed in the nearest Registry of Cairns; Brisbane is more than 1700 kms from the Defendants home address.

5.The Plaintiffs Claim Is Invalid, as the Plaintiffs "Default Notice" of 19th January 2009 is Invalid; it having not been personally signed by the Plaintiffs solicitor, nor verified as being genuine by an Affidavit sworn before a Justice of the Peace.

6. The Plaintiffs Claim is Invalid, under Rule 19 Uniform Civil Procedure Rules 1999;the Plaintiffs solicitor, Elizabeth Abernethy has fraudulently signed the originating process with a signature of a individual who in fact and law does not exist "Thynne & Macartney", which is the Name of Law firm employing the solicitor for the Plaintiff.

7.The alleged Mortgage 708256008 is Invalid, as the Plaintiffs registered Power of Attorney, 702548216, made on the 20th February 1998, and lodged under the Land Title Act 1994, and land Act 1962 is Invalid; the document is not in conformity with the requirements of the Land Titles Act S161, and the Power of Attorney Act 1998 S14.

8. The Plaintiff is required to produce the ORIGINAL of the alleged Registered Bill of Mortgage 708256008, on the original Lot 20 RP 728024, showing the signatures of the parties thereto.

9. The Plaintiff is required to produce an ORIGINAL Registered Bill of Mortgage on the subsequently subdivided Lots 201, 202 SP 202687, showing the signatures of the parties thereto.

10. The Plaintiff is required to provide copies of ALL Valuations .

11. The Plaintiff is required to provide copies of ALL documents, and records, whether electronic, or in any other form.

PROOF OF CLAIM BY SWORN AFFIDAVIT OF PLAINTIFF

12. The Plaintiff is required to VALIDATE the alleged Debt.

13. The Plaintiff is required to VERIFY the alleged Claim .

14. The Plaintiff is required to Prove they had MONEY to lend and therefore had the capacity to enter into, and/or perform under, a binding contract.

15 The Plaintiff is required to Prove they provided "Valuable Consideration".

16. The Plaintiff is required to Prove that the Plaintiff had any cash-money reserve; the Plaintiff is not legally permitted to lend their depositor’s or member’s cash-money without expressed written authorisation from their depositors and therefore the Plaintiff has not proven the capacity to enter into, or perform under, a binding contract.

17. The Plaintiff is required to prove that the Plaintiff had tangible assets of their own to lend, thereby having the capacity to enter into, or perform under, a binding contract;

18. The Plaintiff is required to prove that their "assets" are not mostly "paper assets", "receivables", thereby proving the capacity to enter into, or perform under, a binding contract;

19. The Plaintiff is required to prove that they do not conjure "moneys" out of " thin air ", from the signatures of "loan applicants".

20. The Plaintiff is required to prove that they do not create "new" artificial "moneys - debt", which they rename "Principal"; which they then put into the "loan applicants-borrowers " account as a "Loan" at "Interest" .

21.The Plaintiff is required to prove that the Plaintiff had, other than bookkeeping and computer entries, "Money" or "Substance" of any value to "loan-provide Financial Accommodation ", thereby proving the capacity to enter into, or perform under, a binding contract.

22.The Plaintiff is to produce evidence by way of Justice of the Peace certified copies of the Plaintiffs signed letter/s of Demand; signed Statement/s of Claim ; signed Affidavit/s; and all documents showing their calculations of alleged "financial accommodation", "advanced moneys", "Interest" .

23. The Plaintiff is to produce the legal definitions, for "default notices" "default" "defaulted" "principal" "money" "moneys" "financial accommodation" "interest" "credit", 'facility" 'arrangement" "valuable consideration" quoting the source Law dictionary, used by them.

24 The Plaintiff is to explain how they "create credit"-"provide financial accommodation", "valuable consideration" in the light of comment by Ex Senator Helen Coonan that " banks do not borrow money from the Reserve bank for the creation of credit"

25 The Plaintiff to produce the document-evidence which was used to give full and complete disclosure of the eight essential elements of alleged contract.

26 The Plaintiff to produce evidence that any money or currency changed hands or was deposited in the defendants account.

27 The Plaintiff to produce evidence that the "loan document" is NOT a Promissory Note, being a instrument used to create the alleged "valuable consideration"

28 The Plaintiff to produce all documents, records relating to the "Securization" of the mortgage #708256008, and of its journey, final destination, and present value within the Financial System

PROOF OF IDENTITY OF DEFENDANTS

29. The Plaintiff is required to prove that the Defendants JOHN PATRICK BABET, AND JULIENNE VERONICA SEYMOUR, are living beings, and not Corporate entities, artificial persons; and are the same beings as the Living Man; John Patrick Babet, and the Living Woman Julienne Veronica Seymour.

EXHIBIT C

EXTRACT FROM NOTICEOF FACT, DEFAULT and DEMAND:

by registered mail17/12/09

Tothe following recipients:

Person PAUL de JERSEY (Paul de Jersey, Soul-man), Chief Justice of "STATE OF QUEENSLAND" ABN 75818456675 - USSEC 0001244818 - PO Box 15167 City East Q 4002

Person JOHN H BYRNE (John H Byrne, Soul-man), Senior Judge Administrator "SUPREME COURT OF QUEENSLAND" Corporate Tribunal subsidiary of "STATE OF QUEENSLAND " ABN 75818456675 - USSEC 0001244818 - PO Box 15167 City East Q 4002

Person IAN ENRIGHT (Ian Enright, Soul-man) REGISTRAR, SUPREME COURT OFFICE BRISBANE Corporate Office subsidiary "STATE OF QUEENSLAND" ABN 75818456675 - USSEC 0001244818 PO Box 15167 City East Q 4002

Person JAMES GRAHAM (James Graham, Soul-man, Partner KEMP STRANG LEGAL GROUP ABN 88258900990 - ABN 18097942660 - GPO Box 47 Sydney

Person GLEN WILLIAMS (Glen Williams, Soul-man), Partner, Person ELIZABETH ABERNETHY (Elizabeth Abernethy, Soul-woman), Associate THYNNE & MACARTNEY ABN 79763953991 member KENNEDY STRANG LEGAL GROUP - GPO Box 245 Brisbane Q 4001

Person GREGORY BARTLETT (Gregory Bartlett, Soul-man), Chief Executive Officer, St GEORGE BANK LIMITED ABN 9205551370 - Locked Bag 1 Kogarah NSW 1485

In the Matter in the SUPREME COURT OF QUEENSLAND - BS 3171 of 2009, where the Plaintiff is ST GEORGE BANK LIMITED ABN 92 055 513 070, the following FACTS, DEFAULTS and DEMANDS are herein given NOTICE to:

FACT ONE: On the 27th November 2009, the plaintiff, caused,"John H Byrne", to issue an ORDER to dispense with personal service of their claim.

Non concedantur citationes priusquam exprimatur super qua ne fieri debet citatio.(Summonses or citations should not be granted before it is expressed under the circumstances whether the summons ought to be made. 12 Co. 47.)

Boni judicis est causas litium derimere.(It is the duty of a good judge to remove the cause of litigation. 2 Co. Inst. 304.)

FACT TWO:SERVICE IS NOT CONSENTED to:

TheORDER is INVALID-UNLAWFUL-FRAUDULENT for the following reasons;

Ex dolo malo non oritur action.(Out of fraud no action arises. Cowper, 343; Broom's Max. 349.)

(a) The ORDER is a continuing attempt by the Plaintiff to INTIMIDATE- EXTORT, rather than PROVE the Plaintiffs Claim

Actore non probante reus absolvitur(When the plaintiff does not prove his case, the defendant is absolved)

(b) The ORDER is issued under the heading SUPREME COURT OF QUEENSLAND, but does not carry any identification as what this entity is eg its ABN, or ABN of its "parent corporation"

In fictione juris, semper subsistit aequitas. (In a fiction of law, equity always subsists. 11 Co. 51.)

(c) The ORDER has been Stamped with a "SUPREME COURT OFFICE BRISBANE" stamp instead of being Sealed under the Seal of the SUPREME COURT of QUEENSLAND, a photo of which is here.

Charta de non ente non valet.(A charter or deed of a thing not in being, is not valid. Co. Litt. 36 )

(d) The autograph on the ORDER is an indecipherable scribble... it has not been personally signed by "John H Byrne", and designated with the title which he controls.

Judici officium suum excedenti non paretur.(To a judge who exceeds his office or jurisdiction no obedience is due. Jenk. Cent. 139.)

(e) The ORDER shows Defendants in CAPITAL LETTERS... thus designating them as "artificial persons-corporations" created by the Plaintiff, and others, and not a living woman or man on the land. It is therefore physically impossible for service to occur, or for non living persons to attend any meeting-court .

Idem non esse et non apparet.(It is the same thing not to exist and not to appear. Jenk. Cent. 207)

(f) The ORDER is Invalid, as the originating process was Fraudulent, as per items 5 and 6 of the FIRST and FINAL NOTICE, by registered mail 8/05/09(Attachment A)

Falsus in uno, falsus in omnibus.(False in one thing, false in everything. 1 Sumn. 356)

(g) The ORDER is in default of the Contract conditions set out in the FIRST and FINAL NOTICE, sent by registered mail 8/05/09. (Attachment A)

Expedit reipublicae ut sit finis litium. (It is for the public good that there be an end of litigation.Co. Litt. 303.)

2.DEFAULT

By silence-non response, the Plaintiff is bound by the Terms and Conditions of the FIRST and FINAL NOTICE (a contract), issued to them by registered mail 8/05/09

Qui tacet consentire videtur.(He who is silent appears to consent. Jenk. Cent. 32.)

The Plaintiff 's Claim not having been Proven, lapses in perpetuity.

Fiat justitia ruat caelum.(Let justice be done, though the heavens should fall)

EXHIBIT D

NOTICEOF FACT, DEFAULT and DEMAND: by registered mail

(supplementary to FIRST and FINAL NOTICE sent by registered mail 8/05/09.)

Tothe following recipients:

Person PAUL de JERSEY (Paul de Jersey, Soul-man), Chief Justice of "STATE OF QUEENSLAND" ABN 75818456675 - USSEC 0001244818 - PO Box 15167 City East Q 4002