WA Employment Law - Unpaid Invoice to Overseas Freelancer?

[Eren]

Hi there,

I am a freelancer from Turkey. I have worked for a Perth-based engineering company on a project. We haven't signed an official employment contract. However, I have many emails to prove that he owes me and he hasn't objected his owing.

When I ask for my unpaid invoice, he says that he will wait for his outstanding invoices. He has said the same lie for ten months. I am not a citizen of Australia, but can the Australian employment law cover me?

I think that I will send or ask a lawyer to send a letter of demand.

What will my second step be after sending the letter of demand?

Thanks

 

[Clancy]

Which country were you in when you did the work? Was it the same country the 'project' was in?

 

[Eren]

The project was in Australia. I was in Turkey when I did the work.

 

[Serge Gorval]

Hi Eren

You will not be an employee but more likely a contractor, i imagine that you have some agreement in place even verbal . e.g paid for hours worked or project ? how much is owing to you ?

 

[Eren]

Hi Serge,

You are right I worked as a contractor for them. Especially I sent a tender letter to them. He accepted my tender. But he didn't sign and sent back.

Quotation (Aud/Tonnage) and payment period was written on this letter. Although the project completed ten months ago. He just paid 2000 Aud a month ago. Now, totally he is owing me 8660 Aud.

 

[Serge Gorval]

Hi Serge,

You are right I worked as a contractor for them. Especially I sent a tender letter to them. He accepted my tender. But he didn't sign and sent back.

Quotation (Aud/Tonnage) and payment period was written on this letter. Although the project completed ten months ago. He just paid 2000 Aud a month ago. Now, totally he is owing me 8660 Aud.

Hi Eren

if you want to attempt recovery as, you are well within your rights to do so, generally speaking a letter of demand for immediate payment is appropriate, following that i have tremendous success with serving the Company ( assuming it's Pty Ltd) with a creditors petition which effectively permits the creditor to wind up the company if the debt is not serviced.

feel free to get in touch to discuss in more detail. i can be contacted through law tap.