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Ask James D. Ford Your Own Question
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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My name is andre and i have made a claim against my former

Customer Question

Hi my name is ***** ***** i have made a claim against my former employer and i would like to get an opinion on what my claim should be worth in court ? Can you help me.
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi Andre

Your claim to the Court would be most likely a claim for unliquidated damages, which means the amount will be assessed by the Court.

- unpaid work... the amount could be challenged by your employer... and it will be up to the Court to decide the amount owing...

- loss of income, breach of Contract, unfair termination, etc. are LL pleaded as unliquidated damages.

The assessment of the Court will be based on the facts of the matter, determined by reference to all of the evidence presented.

Duty to mitigate loss

You need to be aware that with regard to loss of income... and any other damages claimed... you have a duty to take reasonable steps to mitigate the loss... you should make a clear record.. when you take these steps... this means that if you are not actively looking for new work... to replace your lost income... it will be harder for you to claim the losses...

If you look for an apply for relevant work.. then you are taking reasonable steps.. and there is not much more you could do...

Your claim will include your costs of making the claim (filing fees, legal and Court fees). However, you cannot assume your will be awarded 100% of your costs. There is potential for the Court (in their discretion) to award costs to the other side. This is known as litigation risk.

Kind regards

James