Hi guys,
I'm new here and hoping someone can answer some questions I have . I've been doing a lot of research but not sure of a couple of things.
Problem: My partner is owed about $10K by a business that has gone into liquidation. The liquidators are refusing to pay her the money.
Background: My partner is a sole trader and does contract work for large companies. She started this about 2-3 years ago. She used another company as her agent to invoice her clients and to provide insurances for her. The company had her sign up as a beneficiary in a trust.
This company recently went into administration then liquidation and the liquidator is saying they will not pay out the money for work my partner did. The liquidator is also saying she is not a creditor. The matter is complicated because of the trust and nature of the business relationship my partner had with the company.
I'm wanting her to apply for an injunction to prevent the liquidator from disbursing her money till we get better organised and understand how we go about suing them and or the company.
Questions:
1. If my partner applies for a Quia Timet injunction against the liquidator and loses the request, can she be made to pay costs?
2. How much would it cost to have a solicitor review the injunction we prepare and ensure it is properly formatted so the other party can't escape on a technicality?
3. It appears from my untrained bush lawyer perspective my partner can sue using Estoppel, unjust enrichment and trust laws. Is there any other law that might be applicable?
4. If we end up suing, is it against the liquidator as they now control the money? or against the company she signed up to as a beneficiary? Or both? I'm wary of trying to sue the company due to the restrictions on suing a company already in liquidation, even though she is not classed as a creditor.
5. Is there anything else we can do, any other legal areas I can research?
Side information:
This experience is not pleasant and coming to grips with the law is not trivial. Even dealing with the courts is hard. The people at the court house didn't even know what a quia timet injuction was let alone point me to the correct form, let alone which court to use. One person at the department of justice said go to the Supreme Court of Victoria. After questioning someone at the Supreme Court they rather reluctantly agreed it could be done at a Magistrates court but I'd have to talk to them (the ones that don't know what to do).
I'm new here and hoping someone can answer some questions I have . I've been doing a lot of research but not sure of a couple of things.
Problem: My partner is owed about $10K by a business that has gone into liquidation. The liquidators are refusing to pay her the money.
Background: My partner is a sole trader and does contract work for large companies. She started this about 2-3 years ago. She used another company as her agent to invoice her clients and to provide insurances for her. The company had her sign up as a beneficiary in a trust.
This company recently went into administration then liquidation and the liquidator is saying they will not pay out the money for work my partner did. The liquidator is also saying she is not a creditor. The matter is complicated because of the trust and nature of the business relationship my partner had with the company.
I'm wanting her to apply for an injunction to prevent the liquidator from disbursing her money till we get better organised and understand how we go about suing them and or the company.
Questions:
1. If my partner applies for a Quia Timet injunction against the liquidator and loses the request, can she be made to pay costs?
2. How much would it cost to have a solicitor review the injunction we prepare and ensure it is properly formatted so the other party can't escape on a technicality?
3. It appears from my untrained bush lawyer perspective my partner can sue using Estoppel, unjust enrichment and trust laws. Is there any other law that might be applicable?
4. If we end up suing, is it against the liquidator as they now control the money? or against the company she signed up to as a beneficiary? Or both? I'm wary of trying to sue the company due to the restrictions on suing a company already in liquidation, even though she is not classed as a creditor.
5. Is there anything else we can do, any other legal areas I can research?
Side information:
This experience is not pleasant and coming to grips with the law is not trivial. Even dealing with the courts is hard. The people at the court house didn't even know what a quia timet injuction was let alone point me to the correct form, let alone which court to use. One person at the department of justice said go to the Supreme Court of Victoria. After questioning someone at the Supreme Court they rather reluctantly agreed it could be done at a Magistrates court but I'd have to talk to them (the ones that don't know what to do).