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hi , we are being scamed by a former solicitor PAUL ANTONY

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

hi , we are being scamed by a former solicitor PAUL ANTONY TRISCOTT convicted of Fraud
he worked for us for 14 months as a independent contractor driving bush taxi in East Arnhemland he give his ABN number , when the work is finished , he said that he should be an employee under Fair Work Australia , Passenger Transport Award , he using his law knowledge to scamed he demand $ 1500,00 cash and our fishing boat yesterday call cir 8:00 pm , he already scamed two company around this town paying him out in cash i believe this kind of practice should be stop , you can google him ( PAUL ANTONY TRISCOTT) FORMER QUEENSLAND SOLICITOR , by using his law degree he can easily scamed more and more , how could we stop him ? the demand he ask what do to ?

 

Optional Information:
Province: NHULUNBUY

Already Tried:
THIS GONE TO FAIR WORK AUSTRALIA , BUT COMMISIONER HAMPTON HAS GIVEN HIM 14 DAYS TO MAKE A GENERAL PROTECTION COURT APPLICATION HIS EVIDENCE FABRICATED STORIES AND DESTORTED TRUTH

Submitted: 1070 days and 7 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Sydney-Lawyer replied 1070 days and 7 hours ago.

HI


So he lied about being an independent contractor?

You paid him the $1,500.00 and gave him the boat for what purpose? So he would not prosecute you for not paying him correctly?

Did you have a written agreement with him?

Customer replied 1070 days and 6 hours ago.

He was happy to be an independent contractor when the work run out he turn and said he should be an employee ,

 

we havent given into his demands he want 1500 and fishing boat or he will go to federal court .

 

verbal agreement only as with all the other drivers as taxi drivers operate

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Expert:  Sydney-Lawyer replied 1070 days and 6 hours ago.

HI


when you were paying him was he issuing Tax Invoices to you?


Customer replied 1070 days and 6 hours ago.

yes

Accepted Answer

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Expert:  Sydney-Lawyer replied 1070 days and 6 hours ago.

Hi


If he was issuing the Tax Invoices then you can rely on this and assert that he was in independent contractor.

If he supplied his own tools of trade to do the work and you did not supply him with anything but the work and he work unsupervised then it will be difficult for him to assert being an employee.

Here is some information on Employee versus Subcontractor for you

http://www.smallbusiness.wa.gov.au/employee-or-subcontractor/

You should also mention the demands that he made and if it was a threat then you should also report it to the police.

I hope this is of assistance




Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16868
Answered: 6/2/2010

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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