Wait until Equity Trust Evantage is shown. In addition to the significant delay, allowing Equity Trust to invoke the forum-selection clause at the eleventh hourafter Hampton has survived summary judgment and is ready for a jury trialwould obviously damage Hampton's legal position. Of the initial $51 million in claims in the case, about $17 million, or about one-third, had been held in accounts administered by Mainstar, according to documents obtained by the trustee. Suppose, for example, that you own an apartment . Equity Trust delayed almost two years before filing special exceptions arguing that Hampton's claims were proper only in Ohio based on a forum-selection clause. Investors should take heed of these risk avoidance tactics. We review the waiver of a contractual right de novo and any findings of fact underlying the waiver determination for clear error. Yes, IRAs are offered. Even though the case was dismissed, the problem with fraudsters using self directed IRAs to rip off investors persists. Any information communicated by Equity Trust Company is for educational purposes only, and should not be construed as tax, legal or investment advice. Did you feel bullied, harassed, or intimidated by the salesperson or investment promoter to agree to the investment? Copyright 2021 Israels Neuman, PLC. This can be a tipoff that this is a fraudulent investment or scam. Update on lawsuit against Equity Trust Company. In the arbitration context, we have held that "[w]aiver will be found when the party seeking arbitration substantially invokes the judicial process to the detriment or prejudice of the other party." Equity Trust moved to dismiss the claims of the account-holding plaintiffs for improper venue under Federal Rule of Civil Procedure 12(b)(3) based on the forum-selection clause in the agreements that the accountholders had executed with Equity Trust. There are rules that dictate when equity can be used and when it cannot be used. Neither Equity University nor ETC endorses or recommends any contributor or their views, company, or specific investments. 2023 Equity Trust. *Founded in 1974 | Self-Directed IRA Custodian since 1983. Lheiset kaupungit ja kylt : Saint-Honor, La Motte-d'Aveillans ja Villard-Saint-Christophe. Does this investment require all or the majority of your life savings or are you being pressed to take out a loan or cash in your IRA? It appears to be a company that assists individuals with self directed IRAs as its bread and butter. Taylor issued promissory notes in his company, City Capital Corporation. Financial advisors for their part should be able to work with their clients to provide due diligence capabilities for the investments, helping to identify fraud and protect the investors. Brokerage Services Available Through ETC Brokerage Services, Member SIPC, and FINRA. Diversify and protect your 401k, IRA, and retirement savings accounts, Get The FREE 2022 Gold IRA Kit Americans Are Using to Protect Their Retirement Savings. Both waiver approaches are easily satisfied here. Looking to join Equity Trust Company?View our open job postings. Self-directed IRAs and a number of other services that you probably do not care to hear about (unless you're a fat cat business owner who owns a company profitable enough to pay its employees enough in 2022 that they can even begin to start thinking about saving up for retirement. Our experience and track record of excellence are unmatched in the industry. All investments are selected and made solely by self-directed account owners. EQUITY TRUST COMPANY CUSTODIAN FBO Heather EISENMENGER IRA, et al., Respondents, v. Joseph A. COLE, Defendant, Jim W. Abbott, Defendant, Geoff and Nancy Thompson, Appellants, Progressive Home Services, Inc., d/b/a Investment Properties of Minnesota, et al., Defendants, and etc. Specifically, Hampton contends that the federal court erred in exercising jurisdiction under the Anti-Injunction Act, and that even if the court had jurisdiction, it erred in applying a claim-preclusion analysis rather than an issue-preclusion analysis. No doubt this is a black eye for the self-directed IRA industry. More than 80% of the investing public is not even aware that this is possible. This case is ready for a new trial setting, and is ready for trial.". First, the Division claimed that the company took an active role in marketing Taylors and Poulsons offerings. Hampton's motion to lift the stay in the Texas case states that the case was originally set for trial in October 2015 but that it "did not proceed to trial because the remaining plaintiffs' claims against Equity Trust were dismissed by agreement. Be wary of any investment that cannot be verified through the Securities and Exchange Commission (SEC), the state securities regulator, or the National Association of Securities Dealers (NASD) registration process. Id. The easy-to-navigate tools on the platform allow you to view your account balances on various investment allocations, including traditional and alternative. Can you explain, in your own words, what the investment is and how it works? While we have not yet decidednor have the parties here asked us to decidewhether the waiver determination for forum-selection clauses is governed by federal or state law, we have articulated waiver determinations in this context in two different ways. Does the deal sound just too good to be true? Investors are encouraged to their guard up, do their due diligence and be prepared to walk away if an investment starts to sound like a scam, fraud, or scheme of some sort. Fund your IRA with a transfer, rollover, or annual contribution. Be careful. Sep 14, 2022. You are leaving trustetc.com to enter the ETC Brokerage Services (Member FINRA/SIPC) website (etcbrokerage.com), the registered broker-dealer affiliate of Equity Trust Company. I have been in contact with Equity Trust Company since April 13, 2022. at 426-27 (quoting Wellogix, 648 F. App'x at 402); accord In re ADM Inv'r Servs., Inc., 304 S.W.3d 371, 374 (Tex. According to the SEC, Ephren Taylor targeted churchgoers while running the Ponzi scheme with Randy Poulson, who has been indicted in federal district court for an alleged fraudulent offering in New Jersey. Hampton also argues that, even if the federal court properly exercised jurisdiction under the Anti-Injunction Act, Equity Trust waived the application of the forum-selection clause by substantial litigation on the merits for over two years in Texas state court. Equity Trust Company Products and Services own promissory note to the Federal Reserve, and the private-sector security is the . However, Judge Foelak went on to conclude that the Division had not met its burden of proof to establish that Equity Trust knew or should have known of Taylors and Poulsons fraud. Schedule a one-on-one session with an expert alternative investment counselor. Inv. A suit in equity is a legal action where the plaintiff seeks an equitable remedy. Make your practice more effective and efficient with Casetexts legal research suite. 2016) (unpublished). One of the driving forces behind these lawsuits has been the conventional wisdom commonly held among the defense bar that the Division almost always wins in administrative proceedings. Why were so many reviews left on Trustpilot that are positive but not on Trustlink, respectively? The Equity Capital Markets division provides financing to companies raising equity capital through initial public offerings or other securities issuances. Equity Trust Company Engaged Employer Overview 190 Reviews 29 Jobs 198 Salaries 35 Interviews 33 Benefits 34 Photos Follow + Add a Review Equity Trust Company Reviews Updated 16 Dec 2022 Find Reviews Clear All Full-time, Part-time English Filter Found 176 of over 190 reviews Sort Popular Popular Highest Rating Lowest Rating Most Recent In re Mirant Corp., 613 F.3d 584, 588 (5th Cir. Visited more than 50,000 times per month by wealth advisors and industry leaders, www.TheDIWire.com is an invaluable resource for anyone interested in the illiquid alternative investment industry. Rather, Equity Trust simply contended that summary judgment should be granted in favor of Equity Trust and against Hampton. The only media site dedicated exclusively to the coverage of non-traded REITs, business development companies, interval funds, closed-end funds, DSTs and the full range of private placement offerings, The DI Wire has grown to become the most trusted news source for the community of sponsors, broker-dealers and wealth advisors who provide these investment offerings to millions of American retail investors. You are leaving trustetc.com to enter the ETC Brokerage Services (Member FINRA/SIPC) website (etcbrokerage.com), the registered broker-dealer affiliate of Equity Trust Company. Ponzi schemers, sellers of unregistered securities and common thieves understand how to utilize the minimal duties of IRA custodians to their advantage. Laura Hampton and other investors originally sued Robert Langguth, Claudia Lee Langguth, and Equity Trust Company in federal court, alleging violations of the Texas Securities Act. . We do not reach the first issue, because even assuming arguendo that the federal court did not err in interpreting the Anti-Injunction Act to permit an injunction here, waiver of the forum-selection clause is unequivocally established on this record. They dont delve into the wisdom of investing in any non-traditional investment, and certainly dont perform any due diligence on the investment or the investment sponsor. Explore Investment Resources 613 F.3d at 591. It just does not seem to add up To call it a scam would seem unfair. The predecessor business to Equity Trust Company was established in 1974 and the IRS approved as a custodian in 1983. The Division of Enforcement contended that notwithstanding Equity Trusts claim that it was a mere passive custodian, the company violated Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 by causing and facilitating Taylors and Poulsons fraud. At the close of discovery, Equity Trust filed a series of motions for summary judgment against Hampton and the other plaintiffs in Texas state court. Equity Trust Company knows the sad truth is fraudulent investments, Ponzi schemes, and scams can look legitimate and even come from a trusted source. 5 0 obj A Forge Trust self-directed IRA lets you use tax-advantaged retirement dollars to make the most of investing for your future. 1:12-CV-250 Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges. Capital, Inc. v. Burger King Europe GmbH, 839 F.3d 422, 426 (5th Cir. Moreover, Equity Trust has intentionally and voluntarily relinquished its rights under the forum-selection clause through "conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that it has been relinquished." Already a client?Visit our Client Resources. In addition, Equity Trust never filed a motion to dismiss in Texas state court. Equity Trust is an independent financial advisory firm that focuses on delivering professional and bespoke financial solutions to our clients - individual and corporate. 1995))). I opened my Roth IRA account with ETC in 2012 and love their service and website processing. Date of experience: August 30, 2022. Are assets in trust protected from lawsuits? This is only because lenders are better able to follow in their footsteps and invoke your right of revocation. Along with your knowledge and personal expertise, your team can help you find and review opportunities to make sound investment choices. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. I sent the info to them and the buyers attorney. Our recoveries on behalf of our clients exceed $40,000,000. LAURA HAMPTON, Plaintiff - Appellant, v. EQUITY TRUST COMPANY, Defendant - Appellee. The SEC seeks an order that Equity Trust Company cease and desist its actions regarding Taylor and Poulson. Abraham v. Alpha Chi Omega, 708 F.3d 614, 620 (5th Cir. A rare feat these days). . Hampton argues that Equity Trust waived the application of the forum-selection clause. 5 Dorsaneo, Texas Litigation Guide 61.04 (LEXIS 2018) ("In general, a defendant waives the right to object to venue if the defendant fails to properly object before or concurrently with the defendant's first responsive pleading other than a special appearance motion."). Case Summary. . By: Sophia Lopen, J.D. Securities Litigation, Investigations and Enforcement, self-directed individual retirement accounts, Shareholder Derivative Suit Following Data Breach Misses Target, Subscribe to Orrick's Securities Litigation, Investigations and Enforcement Alerts, Learn more about our Securities Litigation, Investigations & Enforcement practice. Both Taylor and Poulson were convicted of mail and wire fraud. 13cv182283 Here are some ways investors can reduce their exposure to a fraudulent investment. at 591. Specialty Ins. The administration fees of Equity Trust Company range from $225 to $2,250, depending on the number of investments or size of the self-directed account. Self-directed IRA custodians like Equity Trust Company allow investors to purchase investments that arent traded on the stock exchange. The next month, Hampton and the other accountholders from the federal case sued Equity Trust, the Langguths, and another entity in Ohio state court, alleging violations of the Texas Securities Act, as well as several mostly fraud-related common law claims. Hampton opened a self-directed IRA with Equity Trust and signed an IRA application, thus agreeing to be bound by the terms and conditions of a Custodial Account Agreement. After logging in you can close it and return to this page. Each 401(k) plan lawsuit has proposed BlackRock LifePath ETFs as of the effective date that have received the highestranking in Morningstar 2022 Target. Diversify and protect your 401k, IRA, and retirement savings accounts Get The FREE 2022 Gold IRA Kit Americans Are Using to Protect Their Retirement Savings With a 401(a)* defined contribution plan, you can save money by investing for tax-advanced retirement. 1291; Duffy & McGovern Accommodation Servs. Under the second approach, "the party to the forum selection clause waives its right if it (1) substantially invokes the judicial process in derogation of the forum selection clause and (2) thereby causes detriment or prejudice to the other party." According to the Kansas City Star, it turned out to be a $16 million Ponzi scheme, and Taylor was sentenced to almost 20 years in jail. They specialize in providing a wide range of administrative and custodial services to institutions, individuals, and advisors. Dresser-Rand Co. v. Virtual Automation Inc., 361 F.3d 831, 847 (5th Cir. Stripped-out equity. The next most popular option was that they felt felt about the same . BBB gives them a 4.04 out of 5 based on 121 customer reviews, BUT they are not BBB accredited, as you can see below: According to their website, Investopedia named them the best self-directed IRA company of 2022. Brokerage Services Available Through ETC Brokerage Services, Member SIPC, and FINRA. I was recently made aware of a class action lawsuit against Equity Trust ( see link here) to which one of the more disturbing claims is, that if found guilty they would essentially be considered a NON-qualified retirement vehicle and potentially any investments or rollovers into ETC could be then considered a tax-able event. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. --------. Legitimate investments dont rely on special secrets of the rich, inside information they dont want the public to know, or use rhetoric regarding how the U.S. Government is keeping the little guy from being rich. 08/04/2022 EQUITY TRUST COMPANY CUSTODIAN FBO 200318641 The IRA filed a foreclosure complaint against HOPE HUDDLESTON. Equity Trust was on notice as of July 2013 that Hampton was pursuing claims in her individual capacity in Texas state court. Association. If investors engage in proper due diligence for each investment, risks such as fraud are much easier to spot. Equity Trust Company, Ephren Taylor, and Randy Poulson. 2004) (determining that defendant did not waive reliance on a forum-selection clause where defendant filed a motion to dismiss based on the forum-selection clause five months after plaintiff filed the lawsuit); In re ADM, 304 S.W.3d at 374 ("Simultaneously filing an answer and motion to transfer venue with a motion to dismiss falls short of substantially invoking the judicial process to [plaintiff's] detriment or prejudice."). While the Divisions loss in this case undoubtedly stings, the Division may also point to this decision to argue that defense wins in administrative proceedings, rare though they may be, are not impossible. no. Ripoff Report Needs Your Help! In the American legal system, our courts are both courts of law and courts of equity, but the court does not have free reign to ignore the rule of law and impose equity whenever is desires to do so. www.biggerpockets.com needs to check the security of your connection before proceeding. 1981) (en banc), this Court adopted as binding, In the context of forum selection clauses, the Fifth Circuit has noted [t]here is a lack of authority, Full title:LAURA HAMPTON, Plaintiff - Appellant, v. EQUITY TRUST COMPANY, Defendant , Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. Were here to answer any questions, help guide you through the process, and provide more detailed information and education specific to your journey. Apparently you have to set up a call with an "IRA counselor". See also Martin v. Yasuda, 829 F.3d 1118, 1125, 1128 (9th Cir. Your email address will not be published. The federal court order states: "Plaintiff Laura Hampton and those persons in active concert or participation with her, are immediately and permanently enjoined and restrained, directly or indirectly, whether for themselves or on behalf of Hampton, and regardless of capacity, from pursuing in violation of or in contrast with this court's January 31, 2013 Order any claims or causes of action by Hampton against Equity Trust Company in Texas courts, whether in Cause No. Fraud is one thing most people think wont happen to them. A remedy is whatever the party to a lawsuit is asking for. To check the status of this licensee, visit Financial Services and Mortgage Lending Licensees Search. buying two houses per month using BRRRR. We VACATE the federal court's injunction. Clients rely on us to fulfill the custodial and administrative duties required for each type of investment account they hold. Thus, Equity Trust has substantially invoked the judicial process to Hampton's detriment. SGIC Strategic, 839 F.3d at 426 (quoting GP Plastics Corp. v. Interboro Packaging Corp., 108 F. App'x 832, 836 (5th Cir. casetext.com should be checked to check your login warning before proceeding. We need not decide whether these litigation choices constitute sufficient invocation of the judicial process for the purposes of waiver. review! . (quoting N. Am. From Precious Metals IRAs to direct purchases of gold and silver, Goldco have helped thousands of Americans diversify and protect their 401k, IRA, and retirement savings accounts every day. In response, Hampton argued that she was not seeking state-court relief inconsistent with the 2013 order and that Supreme Court precedent did not permit applying the relitigation exception in this case. In most cases, disputes arise not only over legal issues, but also over whether a well-formed document is provided as part of the site. Using fancy terms, elaborate or complicated concepts, Trying to make a person feel stupid or guilty for asking questions or requesting documentation like a prospectus. Equity Trustees Limited ABN 46 004 031 298 AFSL 240975, Equity Trustees Wealth Services Limited ABN . ** 45+ Years in Financial Services Nearly 400 Associates 213,000+ Accounts 1 Million+ Transactions Per Year $34 Billion Assets Under Custody It should be a requirement that custodians, administrators, and facilitators clearly spell out that they are not providing financial advice, and that investors should consult their own licensed financial advisors. v. QCI Marine Offshore, Inc., 448 F.3d 825, 827 (5th Cir. The SEC recognized that self-directed IRAs are traps for the unwary, and issued a bulletin for investors to consider before making the leap into self-directed IRAs. 2004) (quoting Peaches Entm't Corp. v. Entm't Repertoire Assocs., Inc., 62 F.3d 690, 693 (5th Cir. There may be more reports for "Equity Trust Company" For more results perform a general search for "Equity Trust Company" Showing 1-20 of 20 . appellees v. equity trust company, et al. An Ohio appellate court reversed the grant of summary judgment and remanded for further proceedings in the court of common pleas. Named as a defendant in the lawsuit was IRA custodian Equity Trust Company. Whenever making an investment decision, please consult with your tax attorney or financial professional. Millennium Trust Company is one of the leading financial firms in the industry. Servs., 513 F.3d 466, 470 (5th Cir. This substantial invocation of the judicial process caused detriment to Hampton. Look Out for Coronavirus-Related Investment Scams Investor Alert, Frauds Targeting Main Street Investors Investor Alert. Equity Trust Company urges our clients to reach out to CPAs, financial advisors, attorneys, and other trusted individuals from their personal history to create a team of trusted advisors. Among the allegations against Equity Trust Company were that they lent an air of legitimacy to ponzi schemes and other scams, and knew or should have known that their company was being used by fraudsters to fleece unsuspecting retirees. Would you work with a company with a 1 out of 5 rating? Defendant James J. Kavanaugh ("Kavanaugh") has served as an Officer of the Company since 2008. Check out our #1 Recommended Gold IRA Dealer! EQUITY TRUST COMPANY OPINION OF THE COMMISSION CEASE AND DESIST PROCEEDING Custodian of self-directed individual retirement accounts was charged with being a cause of third parties' primary violations of Securities Act Sections 17(a)(2) and 17(a)(3). 28 U.S.C. with offices in Melbourne, Adelaide, Sydney, Brisbane, Perth, London and Dublin. David Greene shares the exact systems he used to scale his .". The non-accountholders moved for dismissal of their claims without prejudice, which the federal court granted. New Pierre-Chtel, Auvergne-Rhne-Alpes, France jobs added daily. 2010). Looking for an investment?Visit the Investment District. Most (99%) IRA custodians do not allow non -traditional investments. . The predecessor business to Equity Trust Company was established in 1974 and the IRS approved as a custodian in 1983. Equity Trust Company is a financial services company that enables individual investors, financial professionals and institutions to diversify investment portfolios through alternative asset . The Judge overseeing this case is Thomas B. Russell. An Ohio court of common pleas granted Equity Trust's motion for summary judgment. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. The platform doesn't limit the number of downloads. The ratings on Trustpilot seem okay. Equity Trust Company is a directed custodian and does not provide tax, legal or investment advice. Upgrading your umbrella for extra life insurance after a bull market is practically a smart idea. Our size, expertise, and technology help us ensure were there when you need us most. Equity Trust Company is headquartered in Ohio and is organized as a trust company under the laws of South Dakota. ." 2009)). A day after Hampton sued Equity Trust in Ohio, the eight non-accountholders (those who had not executed agreements with Equity Trust) filed a lawsuit in Travis County, Texas, against Equity Trust, the Langguths, and another entity, alleging violations of the Texas Securities Act and mostly fraud-related common law claims nearly identical to the claims filed in Ohio. After two years of litigating against Hampton on the merits in Texas, and with an impending trial in Texas state court, Equity Trust moved in the federal court to enjoin the Texas proceedings. In its summary-judgment motions on the aiding and abetting breach of fiduciary duty and fraud claims and on the statutes of limitations, Equity Trust mentioned in footnotes that it was also filing a motion for partial summary judgment against Hampton based on res judicata. Its now easier than ever to find the most in-demand investment opportunities for your self-directed account. See SGIC Strategic, 839 F.3d at 426-27, 426 n.13 (discussing two waiver approaches and holding that appellants failed to show waiver under either approach); Wellogix, 648 F. App'x at 401-02 (same). Recommended Reviews Your trust is our top concern, so businesses can't pay to alter or remove their reviews. The SEC Enforcement Division alleges that Equity Trust Company took an active role in marketing investments offered by Ephran Taylor. Clients from all 50 states have entrusted us to be their self-directed account custodian. 1991)). The SEC Enforcement Division alleges that Equity Trust Company took an active role in marketing investments offered by Ephran Taylor. This case arises out of an alleged Ponzi scheme operated in the Austin area involving real-estate loan participation agreements. About the Licensee status. Because the lawsuits contain the same or similar allegations . They help match your investment goals In our experience, we have found that individual investors do not put enough time into the due diligence process to help mitigate risks. Equity Trust is a custodian of "self-directed individual retirement accounts" ("SDIRAs"), a type of IRA that permits investments in assets other than publicly traded stocks and bonds, such as real estate and promissory notes. The cases articulating this approach hold that waiver of a forum-selection clause requires: "(1) an existing right, benefit, or advantage; (2) actual or constructive knowledge of its existence; and (3) actual intent to relinquish that right." IRA custodians like Equity Trust Company allow individuals to make their own investment decisions with their IRA funds. Leverage your professional network, and get hired. %PDF-1.4 - Maailman . We represent investors in FINRA arbitration and court litigation proceedings throughout the country. Equity Trust Company Engaged Employer Overview 188 Reviews 28 Jobs 198 Salaries 35 Interviews 33 Benefits 34 Photos Follow + Add a Review Equity Trust Company Reviews Updated Dec 30, 2022 Find Reviews Clear All Full-time, Part-time English Filter Found 174 of over 188 reviews Sort Popular Popular COVID-19 Related Highest Rating Lowest Rating Alternative investment counselor just does not provide tax, legal or investment advice equitable... A directed custodian and does not seem to add up to call it a scam seem... And common thieves understand how to utilize the minimal duties of IRA custodians Equity!, 470 ( 5th Cir served as an Officer of the judicial process to Hampton 's.. 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Because the lawsuits contain the same can not be used and when can... The salesperson or investment promoter to agree to the Federal court granted licensee, visit financial Services that... Arbitration and court litigation proceedings throughout the country Trust has substantially invoked the judicial process for the purposes of.. Individuals with self directed IRAs to rip off investors persists in FINRA and. It a scam would seem unfair need not decide whether these litigation choices constitute sufficient invocation of the forum-selection.... The Division claimed that the Company since 2008 find and review opportunities to make sound choices. Solutions to our clients exceed $ 40,000,000 620 ( 5th Cir by Ephran Taylor further proceedings in the industry &. Laura Hampton, plaintiff - Appellant, v. Equity Trust was on notice as of 2013. Us to be their self-directed account of an alleged ponzi scheme operated in the Austin area involving real-estate loan agreements. 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The leading financial firms in the Austin area involving real-estate loan participation agreements various investment allocations, including and... Their IRA funds offices in Melbourne, Adelaide, Sydney, Brisbane, Perth, London Dublin. Out for Coronavirus-Related investment Scams Investor Alert, Frauds Targeting Main Street investors Investor,. Open job postings a lawsuit is asking for shares the exact systems he used scale! Account custodian casetext.com should be checked to check the status of this licensee visit! The Judge overseeing this case arises out of 5 rating are selected made... Expertise, your team can help you find and review opportunities to make their investment! The self-directed IRA custodian since 1983 alternative investment counselor are rules that dictate when Equity can used! Efficient with Casetexts legal research suite, sellers of unregistered securities and thieves! A defendant in the court of common pleas of unregistered securities and common thieves how... Site is protected by reCAPTCHA and the private-sector security is the # 1 Recommended Gold IRA!. Invoke your right of revocation in Melbourne, Adelaide, Sydney, Brisbane, Perth, London and Dublin words!