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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My work owed me $2,850 in wages made up from 4 separate

Customer Question

My work owed me $2,850 in wages made up from 4 separate invoices dating back to Dec 7th, 2015. I took myself off the roster, by txt, on Jan 11th, 2016 because no payments were forthcoming. I did however, receive two separate payments of $230 and $700 on Jan 14th, 2016 but, no word of further payments to date except "let you know next week".
At what stage should or can I instigate small claim proceedings?
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today.

So you are a subcontractor then? You're not an employee?

If so, do you have terms and conditions that you furnish to the company at the start which talks about your payment terms? Or, do you say on the invoice when the payments are due to be paid?

You see, as a subcontractor, you can claim the payments subject to the terms and conditions that you put forward, or if the head contractor puts forward its own terms, then you are subject to those. It depends on what was negotiated at the outset.

If you can supply me with some further information about the applicable contract between you, I can answer your question.