QLD Unpaid Invoice, now dispute raised when 100 days overdue of 'lack of disclosure'

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

mkr

Well-Known Member
11 January 2016
25
1
124
Hi there,
I operate a small consultancy business registered in QLD Australia, and was tasked to assist a listed Australian Mining company in Perth to prepare their Annual Report. I drafted content and provided ideas for the report which was well received, and invoiced according to our agreement of an hourly rate. I had previously been engaged to do a review of part of their operations in Africa as well (2 month site visit + report).
That was back in July. I raised the invoice and it was not actioned for some weeks? I was then advised by the Company's director in September to raise the invoice against their African based entity for payment, so I cancelled the invoice and then raised another against this entity. After some hasteners, I followed up again in December on payment to be advised that they thought it was paid, but will follow up.
I then received an email from one of the Directors, who advised that there is concern about payment of the invoice due to a 'lack of disclosure' relating to a business that I registered back in January 2023. This business was not competing with their business, and to this day, has not competed or conducted any business transactions.
Key points:
- There is no written 'contract'
- The dispute was raised after the second invoice was more than 100 days overdue.
- I responded and advised that I am willing to discuss and they would realise that there is no conflict or impact by my registering this company to any of their business or activities.

Any suggestions on how to deal with this client? I think that one of their Directors is upset that I am not working exclusively for them, and would have my own business aspirations, and/or is seeking an excuse to avoid payment.

Thanks in advance
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi MKR, it spounds to me like they are making excuses. Even if you were operating in a business competing with their business (i note you say that is not the case) I cant see any legal basis for not paying an invoice, it seems to me to be an unrelated matter. I think you either get a debt collector on to it (there are many, they are easy to find online) or engage a lawyer to write a letter of demand to them, threatening legal proceedings if the invoice is not paid,say within 7 or 14 days.
 

mkr

Well-Known Member
11 January 2016
25
1
124
Thanks Paul, I really appreciate your advice and guidance. It gives small business owners myself the confidence to take the appropriate action.

Regards
 
  • Like
Reactions: Paul Cott

MeadowPearson

Active Member
14 February 2024
6
0
31
Dealing with an unpaid invoice and a 'lack of disclosure' dispute sounds like a headache. If there's no written contract and the dispute's raised after 100+ days, that's tricky.
 

MeadowPearson

Active Member
14 February 2024
6
0
31
Dealing with an unpaid invoice and a 'lack of disclosure' dispute sounds like a headache. If there's no written contract and the dispute's raised after 100+ days, that's tricky.
Maybe a friendly yet firm discussion could help clarify the situation, highlighting that your business doesn't compete with theirs. For example, for some legal insights, you can check IRS/Tax Whistleblower Attorney - Federal Lawyer . Hope things get sorted smoothly!