Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

L am a visual artist working as a sole trader. I recently…

Customer Question
My name is***** l...

My name is***** l am a visual artist working as a sole trader. I recently completed a mural for a new resturaunt that is opening up. Upon presenting them with the invoice for the work (which matches my quote, they started to say they were disatisfied with the work. They had viewed the work before this, at which point they only said one persons nose could have been wider and that there could have been more detail in a darkened door way, to which l said " l had already added more detail than there was previously. These two items are extremely small. The mural is 4 x 14 metres in diameter. I offered a discount of $200 for these things. this all took place on 16.09.17. some texting back and forth took place at this time, where things became heated. I thought some time out might help the situation, so l left it for 6 days. At first the wife indicated via text that she would pay at the end of the legal time even though we had a verbal agreement that they would pay at the end of the job. When l offered the discount to the husband, he said he did not want a discount and would review my invoice before making an offer. I texted him after 6 days to see where he is at with this, he said he would consider it that night, l did not hear from him so contacted him again at the end of the following at which time he said he would get back to me some time next week. He keeps shifting dates so l said via text that he's had enough time and that l would only be willing to wait until Tuesday of next week and that if l did not hear from him that my current invoice issued stands and would be payable by 16.10.17. He had previously threatened me with legal action, so l said, if l don't receive payment by that date l would be seeking legal assistance to retrieve the funds. My question is- do l have a case here? I only had a very basic quote stating "mural at*****..." and only had a verbal contract stating it was to be of a street scene as in a wall with a lane way leading off from this street scene. I quickly did some mock ups where we agreed upon 3 shop fronts and 4 people to be included. They changed their minds continiously throughout the job, l accommodated this a lot...weeks of work proceeded, l eventually asked for a list of final changes at which point l said it would be finished once these were done, which l did. They are saying it's not finished and that they are seeking someone else to finish the work. Do l need to wait until 16.10.17 before l apply to VCAT? Or can l apply now if it is the best coarse of action for me to take? I fear they will take legal action against me, from conversations along the way l gather they are letigious people, l have been working as an artist for 30 years and have never had an issue before, so am very new to this process.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page. Because employment law varies from place to place, can you tell me what state this is in?

Victoria

Lawyer's Assistant: Has anything been filed or reported?

Not that l know of.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only if there is anything l have left out that could help. Is there a fee for this service please?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

How much is the final cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Thanks l will proceed. How do l pay?

Submitted: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 minutes by:
9/24/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,455
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Email is fine, thank you.
Customer reply replied 7 months ago
I stilll choose email
Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

What is the legal time you are referring to?

Where is this date set out?
Have you agreed with them for them to pay on 16/10/17

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
The legal time is something the wife said to me via text. I tried asking what she meant by thisbut she replied she would not be speaking to me again and her husband accused me of harrassing his wife, so l did not ask again. I am the one who proposed that if l did not hear from them with an amount they are happy to pay that my initial invoice would stand payable at 16.10.17.
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

So you said they have to the 16 October 2017 to pay the account?

Was the agreement in writing for the work?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
The date was set out in text message, that has been our main source of communication.
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

So you set the date?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Initially we had agreed that payment would be at the end of the job verbally, but then she said she would pay at the "legal time" and l should also say l put on the invoice initially "please pay at your earliest convenience" was trying to be nice at that point. at the end of the last conversation l said pay on 16.10.19.
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

You send them a letter demanding payment by that date as that is what you agreed.

If thy do not pay by that date then you sue.

I hope the agreement was in writing for the work.

The following link is the process to follow.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-vic/

So send the letter now and then if they dont pay then sue.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Also at the end of the job, l got him to view the work at which time he seemed satisfied and said he would send a cheque, which sounded like it was going to happen immediately. All these other interactions happened once l sent my invoice.
Customer reply replied 7 months ago
Just checking, are you still there?
Customer reply replied 7 months ago
Thank you for your response. I sent the invoice and the initial quote via email and then we communicated via text messages. Do these modes of communication count in a legal case?
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

Yes emails are legal and you can rely on texts.

You have to document it all and let the court know what happens so it shows you did everything correctly

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Thank you. By document do you mean putting it in say letter form with a list of what occurred when with references to texts, emails and conversations in quotation marks?Just want to get it right. Also it is ok to send a letter of demand now even though the final due date has not occurred yet? And on the letter of demand should it actually state "letter of demand". I have downloaded a template of this from the Arts law page you sent me, again just want to do things the correct way.
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

In the letter you demand your money.

The history etc will have to be set out in the court action.

So I would suggest you start doing it now so you have it ready.

You send the letter of demand setting out the due date and informing them you will be taking action and charing interest if the money is not paid.

If you do not want to be aggressive now send the letter with the invoice and confirm the arrangement that they will pay on the 16 October 2017. If they don't then send the letter of demand and give them 14 days and sue if they fail.

Ask Your Own Australia Law Question
Was this answer helpful?
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,455
46,455 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,455 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
My bank-nab-has charge my a/c with a $2.50 fee since Feb
My bank-nab-has charge my a/c with a $2.50 fee since Feb 2016 on my lotto +tab a/cs,i rang them and they refunded the last 2 statemaents 28 but i have been charged 248 fee,s,starting feb'16 but they w… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
Pls tell me if you will charge me $5 initially and an extra
pls tell me if you will charge me $5 initially and an extra amount after … read more
Leon
Leon
Solicitor
46,455 satisfied customers
I just want to know if my dad (93) believes a real estate
Hi Pearl, I just want to know if my dad (93) believes a real estate office has been negligent in their duties as Property Management, of his two rental houses, is able to request assistance in underst… read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
We have insurances with NRMA.We banked with Newcastle
We have insurances with NRMA.We banked with Newcastle Permanent.I was given Quote from Newcastle which I ignored.I then found Vero added to our account.I complained!.This went on for months.Next updat… read more
Leon
Leon
Solicitor
46,455 satisfied customers
As a victim was in a shock of trauma and when police are
As a victim was in a shock of trauma and when police are trying to take your statement when your memory stable at that time. What are my rights for a statement that has misunderstanding in it … read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
Was in car accident yesterday, was not at fault, police gave
Hi was in car accident yesterday, was not at fault, police gave me other driver information, tried to ring them to ask if they're insured, they telling me I have wrong number, what do I do … read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
I being the buyer have a contract from february 2014 under
Second opinion] i being the buyer have a contract from february 2014 under clause… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
Oopps! Sorry for asking i jUST kidding. Now seriously please
Oopps! Sorry for asking i jUST kidding . Now seriously please tell me how to get supercell code!?… read more
Leon
Leon
Solicitor
46,455 satisfied customers
My partner and i own a truck cars caravan all set up in a
Second opinion] My partner and i own a truck cars caravan all set up in a company name. We have been together for 24 years. He purchased the house back then in his name. Am i entitled to anything in w… read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
Have you had any complaints from customers about euro solar?
have you had any complaints from customers about euro solar? … read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
I am about to be charged with fraud for an amount if approx
I am about to be charged with fraud for an amount if approx 500k and live in qld - this happenned way back in 2009 as i was entrusted with 4 peoples money but lost the lit via gambling but took living… read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
I have cancelled my landlilne due to an ongoing problem
I have cancelled my landlilne due to an ongoing problem whereas I was a business 10 years ago and have been trying to tell Telstra. More recently they said I have to cancel as a business and re-connec… read more
Leon
Leon
Solicitor
46,455 satisfied customers
My daughter has been employed in a managerial position with
My daughter has been employed in a managerial position with probation of 6 months. She has been constantly praised and thanked during this time, but yesterday she was called in, one week before the en… read more
Leon
Leon
Solicitor
46,455 satisfied customers
I own a house in NSW and has been with an agent there for a
I own a house in NSW and has been with an agent there for a few years now. Late last year there was problems with the rent being put into my account then it happened again this year. There was a depos… read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
I'm looking for someone who understands the legal
I'm looking for someone who understands the legal obligations for Public Liability Insurance for Subcontracting Performers. I am in the middle of a contract with a client who wants a storyteller to vi… read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
Drink drive and accident with the electric pole. Act. Just
Just happened last night and this morning came from hospital … read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers
My daughter is 15 years old and entered into her first job 1
Hi, My daughter is 15 years old and entered into her first job 1 month ago now. She has worked every weekend since and NOT been paid anything, received no paperwork or anything at all. She will resign… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
What evidence is required for the Australian Taxation Office
What evidence is required for the Australian Taxation Office to accept a redundancy as genuine? … read more
John Melis
John Melis
Diploma In Law
2,730 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x