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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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I have a previous client whom I poured a concrete driveway

Customer Question

I have a previous client whom I poured a concrete driveway for in late 2015 ( October).
Since then, my company registration lapsed early December2015 and was not aware as we had moved twice in one year however we had mail redirection in order.
Now this client has gone to vcat and a hearing date has been issued.
My question is, if a company no longer exists how can they take myself to court over this?
Thank you
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Did he sue the company or you as director? If the company has no registration then it no longer exists and cannot be sued.

To sue you there has to be a contract with you personally. I am not sure who held the licence to die the work in your case. If it is you as the builder/concretrer then under the law you are liable for the work.

You are licenced and have to do the work the company does not hold the license.

Customer: replied 6 months ago.
I was the director of the company but also a employee. The contract was with Tailored concrete pty Ltd not me personally. So if I'm not liable why would vcat issue this hearing?
And if not liable why would I attend?
Expert:  Leon replied 6 months ago.

Good Afternoon

VCAT does not know that the company is deregistered.

Have you received the Notice? If you have then you should prepare a defence and set out that the company is not registered and cannot be sued. Attach a copy of the reregistration position from ASIC.

They also have to send the notice to the registered address of the company for the service to be valid.

But you ask for it to be struck out on the basis that the company cannot be sued and has no standing to respond.

Here is some information from ASIC

http://asic.gov.au/for-business/closing-your-company/effects-of-deregistration/a-deregistered-company-owes-you-money/legal-proceedings-with-a-deregistered-company/

A letter setting out the company is deregistered and attaching documents proving this should be enough to stop the process.

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