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: 10 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 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,932
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 10 months ago
Email is fine, thank you.
Customer reply replied 10 months ago
I stilll choose email
Solicitor: Leon, Solicitor replied 10 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 10 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 10 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 10 months ago
The date was set out in text message, that has been our main source of communication.
Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon

So you set the date?

Ask Your Own Australia Law Question
Customer reply replied 10 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 10 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 10 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 10 months ago
Just checking, are you still there?
Customer reply replied 10 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 10 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 10 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 10 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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,932
46,932 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

46,932 satisfied customers

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

Daniel

Daniel

Solicitor

5,976 satisfied customers

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

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My husband and I run a small concrete contractor business.
Good morning. My husband and I run a small concrete contractor business. In 2013 we were doing a contracted job wherein we had a subcontractor do some excavation work. He was a friend of ours who had … read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
I need advice about a problem I have where a person falsely
I need advice about a problem I have where a person falsely claims to have a contractural agreement with me.Here is the background: Background.Formed a friendship on Facebook. Talked of chickens, farm… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
We are a small business. One of our customers has 2
Hello, we are a small business. One of our customers has 2 outstanding invoices. 1 was due end of March & the other was due end of May. For the first invoice the job was completed on the 17th of February. One of our technicians forgot to screw the lid in place & some water went in the system. Customer used his vehicle for a whole week before contacting us to let us know that water was dripping inside vehicle. Our technicians went & checked all systems & all were ok. Only issue was that the TV was not turning on with the remote. We don't know whether the TV was previously working however we offered to change the tv. His first email in regards ***** ***** matter was on the 27th of April in which he writes, he is waiting for a quote for the electrical damage. We replied & said we have already checked & there was no electrical damages, only Tv was not working & we offered to replace. We asked for a copy of the quote. No replies from him until the 18th of May in which he said that his still waiting for a quote. I replied back telling him that we can change the TV & we will not pay any other company hired by him. He agreed & gave us a date to go & check the TV Internally. We checked all electricals again & all were working fine. Tv was opened & checked internally, there were no corrosion to suggest the damage was caused by water. We emailed him all images & findings on the 23rd. We still offered to change the TV as a gesture of good will . We could not find the same type of TV locally & had to source overseas. The TV arrived just 2 days ago & now he doesn't want us to replace it. He has hired a lawyer saying that we have taken too long to get the TV & has barred us from entering his premises. No time frame was given. He now wants us to pay for all electrical damages, TV & loss of income. These are false accusations. As we have checked all electricals on 2 occasions & all were working fine. No evidence that TV was damaged by water. He said that he had to discount he jobs because os a faulty TV & this is hard to believe. I need to know what options we have. We need the 2 outstanding invoices paid. We can replace the TV. What can we do for the false accusation & the overdue payments. … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I have a claim from a solicitor for cost for my recent
I have a claim from a solicitor for cost for my recent settlement … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I was working with an accountant to build my business. The
I was working with an accountant to build my business. The cost was $1365 per month over 12 months. I was going backwards and after 7 months decided I wanted to break the contract. It was for several … read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
In August I received an email from the litigation solicitor
Hello, In August I received an email from the litigation solicitor who is an Associate of a firm of solicitors located in Sydney. I have known these solicitors since early 2011. We have a very good an… read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
I would like to know if there are any laws that can protect
Hi I would like to know if there are any laws that can protect me as a consumer and also as an artist who recently shot a music video and the videographer/director has not delivered the music video to… read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
The story is that in October last year we were looking
the story is that in October last year we were looking for a co-working space. This guy has an office space in Redfern and we decided to inspect one of the desks for rent (he is incorporated). After n… read more
kmslaw
kmslaw
Principal Solicitor
Bachelor\u0027s Degree
209 satisfied customers
I am a builder of 40 years and I have recently built a home
I am a builder of 40 years and I have recently built a home for a client where different trades were contracted to do there part of the works. I had a written estimation of costs from a plumber whom I… read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
had my unit up for sale 3yrs this coming June ago, have just
had my unit up for sale 3yrs this coming June ago, have just received a invoice for 360 dollars for searches on my property, l did not sell, as only had it on the market for a short time, do l need to… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
Hi there, I resigned from my old job in October 2011 and started
Hi there, I resigned from my old job in October 2011 and started my own business (remedial massage therapist). In November 2011, I sent a text message to a handful of my previous clients (20) just not… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I have a builder that does not want to pay for his invoices
Hi I have a builder that does not want to pay for his invoices due to his carelessness.I own my my own business in polished concrete.I have sent the builder 2 reminders to pay and also contacting him.… read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
I am a Microlight Pilot Instructor holding a Chief flying Instructor
I am a Microlight Pilot Instructor holding a Chief flying Instructor approval registered with Recreational Aviation Australia. A member of the association contacted me to do a Bi Ennial flight review … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi I am a sole trader costume designer . I was making an order
Hi I am a sole trader costume designer . I was making an order of 39 very complicated costumes, I was late finishing the order due to the great quantity of hours required to complete each costume. Ano… read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
Hi My fiance has a small concreting bussiness he did a job
Hi My fiance has a small concreting bussiness he did a job a few months ago that was quoted at 23,000 for a woman that has just built 2 townhouses in Ocean grove vic. She requested a discount, which h… read more
Leon
Leon
Solicitor
Master's Degree
46,932 satisfied customers
We signed a contract with a builder which said that
We signed a contract with a builder which said that we pay on signing, on the successful installment of the product, and the remainder when we got the manufacturers warranty. The contract also stated … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
fraud 27 months ago I bought into my Superfund 2 Bronzes
fraud ? 27 months ago I bought into my Superfund 2 Bronzes direct from the artist as limited editions of 1 of 15 and 12 of 15, Heassured me they would be great investments as he usaually did editions … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
This is the scenario. A compant employed two Structural Engineers,
This is the scenario. A compant employed two Structural Engineers, who did work for a client of the company. A invoice for the work was issued to the client by the company for the work done. Subsequen… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 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