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Nick Purves

Member
31 July 2017
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Hello, I’m desperately seeking some advice.

In February 2014, I was working in WA on a 457 Visa for an Engineering and Construction Company Forge Group. I had been working for them for almost 3 years, and was paying taxes in accordance with law, which was i believe 45% of my earnings. The need to pay taxes was made very clear during the whole visa and job application process.

The company went into liquidation, which obviously resulted in unpaid monies and entitlements. As a consequence I lost substantial earnings. We were all told not to worry, as there is a reserve government fund that protects against such events. However, it soon emerged that myself and others did not qualify due to a loop hole that doesn't protect 457 Visa holders against loss of earning due to liquidation.

We were told we must wait to see if there is any monies left over after the liquidation process. Well as explained that was over 3.5 years ago now, and I am still none the wiser. I cannot for love nor money get any advice from the liquidators who I have requested on numerous occasions for update me, to no avail.

Is there by any chance anybody who thinks I have a case? I'm shocked that we qualified for full taxation of our earnings, yet were offered no protection at all. Surely this is exploitation! I find it very difficult to except that I have permanently lost this income.

Any response is useful.


Kind regards


Nick
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Well Nick, liquidation in Australia lasts anywhere from 1 month to > x yrs, where x is an unknown and relates to size of assets. Ansett took about 9 yrs to liquidate.

Often depends on how long it takes for the liquidator to 'realise assets'. Translated to everyday language - how long it takes for the liquidator to transfer easily extracted funds to their expense account.

Do not hold out any hope for seeing any of the money. Look to the future and forget about the past monies.