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I have received a letter from a client. We act for the
I have received a letter from a client. We act for the Claimant, who is aggrieved at your failure to comply with agreed commercial terms. In summary, our client contracted you to perform a range of IT tasks so that he could better utilise and commercialise his proprietary product Elite Feats. The nature of your obligations was set out incompletely in your quotation 22 May 2020, which was signed by the Claimant. Our instructions reveal that there was a total failure of consideration. In other words, you failed to perform your contractual obligations and made representations to the Claimant which proved to be misleading and deceptive. What further emerges is that the Claimant paid your two invoices for $1,292.50 each, a total of $2,585.00. Those payments were made at your demand and by electronic funds transfer from our client's National Australia Bank account. The agreement with the Claimant is an agreement made in Victoria and judiciable in the Courts in Victoria. Unless within seven days of this email you reimburse the Claimant we will be acting upon instructions to commence proceedings against you without further notice. If proceedings in the Court become necessary you may become liable, in addition to the debt, for the costs of and incidental to the Court proceedings. In all the circumstances, your continued failure to reimburse our client is tantamount to misappropriation, given the total failure of consideration. … read more
John Melis
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Have client not happy with an upholstery job, will not allow
have client not happy with an upholstery job, will not allow this work to be rectified, will not settle account and is seeking refund of deposit payment ant retention of work. can I claim against him?… read more
John Melis
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Bachelor's Degree
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A vendor in Victoria Australia has provided very poor
Hi A vendor in Victoria Australia has provided very poor quality of Code that caused my final deliverable to fail and cause financial loss. I am a US entity and how do I get the vendor to replace loss… read more
Leon
Leon
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Master's Degree
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O'Connor (lawyer Victoria) in June 2012 was asked to help
Hi, Brendan O'Connor (lawyer Victoria) in June 2012 was asked to help Chaya Kotiw with Family Law Matter. … read more
John Melis
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My husband and I have a commercial cleaning company. One of
My husband and I have a commercial cleaning company. One of our clients is owing us $1386 for cleaning services rendered. To a small family business it's money that we need. Besides, we are out of poc… read more
Leon
Leon
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I have a document delivered from a law firm in Sydney, I
I have a document delivered from a law firm in Sydney, I have an outstanding debt to American express. They will take me to court if I do not pay this debt plus costs. I am an aged pensioner and I do … read more
John Melis
John Melis
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Bachelor's Degree
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What is the position in Victoria with unsecured debt managed
What is the position in Victoria with unsecured debt managed by ACM group and threats to bankrupt a former creditor of nab or sheriff warrant outstanding debt going back 11 years … read more
John Melis
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I am a Process / Building Consultant & Project Manager to
I am a Process / Building Consultant & Project Manager to the meat industry. I preformed a fee for service for a client over a 6 week period. Each option offered was with their consent. All invoices p… read more
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Leon
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We are wondering how we should go about collecting
Hi there, we are wondering how we should go about collecting outstanding payments, being for parts and labour for earth moving machinery repairs. We have a couple of new customers who have made no effort to make payment, or partial payment, and are avoiding any communications. We have been patient and given them lots of polite reminders, with no response from the customers whatsoever. The payments were due in February. We have never been in this position despite being in business for 29 years. Please can you advise. Most appreciatively, Jamie and Lisa Loaring. … read more
Leon
Leon
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Master's Degree
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We are a mechanical workshop and have a customer who has not
We are a mechanical workshop and have a customer who has not paid their bill for repairs can we put a lien on the car … read more
John Melis
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Thanks - my question relates to a hotel lease in Victoria
thanks Patrick - my question relates to a hotel lease in Victoria and I assume that it would be more relevant to speak to a property lawyer here in Melbourne?… read more
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To: Commercial services contract litigation lawyer. 1 If
To: ***** ***** contract litigation lawyer. 1 If there is nothing re which court would have jurisdiction in an agreement for services of a commercial nature to be provided by a professional firm locat… read more
James D. Ford
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I have been served with a Bankruptcy Notice by a Legal Firm
I have been served with a Bankruptcy Notice by a Legal Firm on behalf of their client GE Money. I have offered to set up a repayment plan but that has been rejected and they want the total amount paya… read more
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Hello In the County Court of Victoria (expedited commercial
Hello In the County Court of Victoria (expedited commercial list) can the Plaintiff ask the court for orders other than those requested in the Statement of Claim? I am the Defendant and intend not to … read more
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Cheaper Alternative to pursue County Court Cost Orders. We
Cheaper Alternative to pursue County Court Cost Orders. We are an australian company and we had a judgement of cost orders in our benefit. Our lawyers are asking $15 k to chase a cost order of $30k. T… read more
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i was a catering contract chef at one RSL club and the club
i was a catering contract chef at one RSL club and the club hasnt been paid all outstanding money about $12000. the Club was closed down due to financial problem in Jan 2010. Then all the debts are ta… read more
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My son lives in Victoria, he intended to move to Newcastle
My son lives in Victoria, he intended to move to Newcastle in NSW. He found work and signed a lease and paid the bond etc. After he had done this he realised it was not viable for him to move as he ha… read more
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If you lend money to a friend which is documented & they make excuses why they cant pay you back and 2 years has passed , is it too late to do something about it leagally? would a debt collection agen… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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