NSW Damages awarded in court years ago Company has never paid

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Simon123!

Well-Known Member
8 April 2020
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3
124
Hi, have a situation where a court awarded damages for unfair dismissal/bullying to an ex employee. The damages have never been paid to the ex employee. They did have a few breakdowns and has been struggling with mental health issues post the closure of the case. What avenues do we have to collect on these funds? the party concerned has very limited funds and cannot afford to pay a large % to a large law firm to chase this debt. What are the options here? the company in this matter is one of the largest employers in Australia and very well known.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Go back to court seeking enforcement orders.

How much is being chased, and how long ago?

It may be a letter from a lawyer may be enough to prompt payment. We can help with a letter.
 

Simon123!

Well-Known Member
8 April 2020
26
3
124
Thanks Rod. Can they go back to court directly? also is there a time limit? sorry for the silly questions....
 

Simon123!

Well-Known Member
8 April 2020
26
3
124
sorry meant to ask can they go back to court directly themselves? or do they need to engage representation?
 

Simon123!

Well-Known Member
8 April 2020
26
3
124
might take you up on the assistance for the letter as well. Am in info gathering mode at the moment, trying to verify everything they have told me so far.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
They can try to DIY.

What court? How long ago?
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
If they have an enforceable judgment one of the easiest ways to force payment from a company is a statutory demand under the Corporations Act. Failure to comply is a trigger for liquidation. Fairly simple process to get the demand done but they are very technical and must be done correctly.

The possible catch is that COVID has pushed out the relevant timeframes. I’m unsure if the extensions are still in place.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
these damages were awarded over five years ago so COVID is no excuse
Not to the lack of payment. It is potentially still relevant to the time frame under which they are required to a statutory demand.