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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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I am a sole trader that runs under Clearwater pontoon repair

Customer Question

Hi I am a sole trader that runs under Clearwater pontoon repair & maintanence, my name is ***** *****side, I started the company with intentions to set up my mate of 13 years to be my Buisness partner, we were supposed to be changing it to a partnership but become too busy and it kind of got put to the side, we went halves in what we bought and earned, I am more than reasonably computer illiterate so Glenn was doing the invoices and book keeping, I asked about how things were going and if we needed an accounting help, he assured me it was all in order and his done this before " it's not that hard apparently . Yes you're probably thinking you complete idiot and you would be correct, as you can probably see coming the invoices were not done, taxes up the wazoo not only that as I found out later after he skipped town he had been booking things up on accounts and while he was there he changed the contact details to a number he had so I had no idea we even used the account until that is that the sheriff rocked up at my door, I have no idea what to do and it has put an unbelievable strain on family life and business , I haven't helped myself by not addressing it until now, but it's out of control and I need advice on who I talk to first, not only all that but he has ads on Facebook and a few on the Internet, he has made flyers with my company name and his number, and now runs his own business doing the same thing under a different name, where would you start and who would you talk too?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
Hello and thank you for your question.I believe the best course of action is to get yourself a lawyer ASAP as it seems what you need to do is find out whether you have prospects of suiing your former partner, which on the facts you describe you likely do. If you don't act fast though, your prospects of recovering anything will decrease. It is also possible your former mate has committed fraud if he has acted in a way to deceive you whilst he took money from your business for illegitimate reasons.Whilst the cost of engaging a lawyer at this stage may seem unaffordable, it may be your only chance of obtaining a recovery. Noting that your mate appears to have sufficient assets to have set up a similar business, there may well be assets against which you can make a recovery so long as you can prove your case.There are no guarantees of course and your prospects will vary considerably depending on how he has set up his affairs, but a good proactive lawyer may be able to secure at least a partial recovery of what you have lost.If you need help locating a suitable lawyer, contact the Law Society of Queensland as they can refer you to suitable lawyers in your area: trust the above assists your understanding as to what you need to do.If you haver a follow up question, please answer, otherwise good luck and please rate my answer.Patrick