Can a Caveat be Lodged Because of Employment Money Owed?

[Rod]

Yep, lots of money involved for a small business that is why I think the guy will close his business and maybe sell his house. Money is owed because of underpayment of award rates, non-payment of award allowances and super. He just won't negotiate a fair settlement - so stuff him. Hence how to protect the money with some kind of hold over property till courts make the ruling.

I've read the award, read the Fair Work Act 2009 , read the Fair Work transitional provisions Act 2009 so extremely confident that the money is owed, the issue is how to ensure assets are not dissipated before judgement is enforced.

 

[Paul Cott]

Rod, in my opinion it would be very very unlikely you would be able to lodge a caveat over the relevant property here. The posts above are correct on that point, despite the Transfer of Land Act provisions you mention.

Sounds though like you have some processes underway through which you may well recover at least some of the money you are owed.

Paul.

 

[Rod]

How much would it cost me for a lawyer to prepare and submit a freezing order in Victoria on a house? And what kind of ancillary orders can be issued with the freezing order to discover documentation on other assets or unnecessary expenses (eg overseas holidays, visits to movies every week, private school education etc)?

 

[John R]

1. A judgment or prospective/anticipated judgment in your favour is generally required before a court will consider an application to freeze assets.
2. Even then, courts generally take freezing order (Mareva orders) applications very seriously. Setting aside the costs of getting a judgment in the original proceeding, you'd generally need to set aside $10K-$50K+ depending on the circumstances (meeting court requirements for the application, proving judgment, identifying and verifying assets in the jurisdiction, counsel representation in court, etc.).

Further information: Nicholas Newton's (13 Wentworth Selborne Chambers) Freezing Orders/Mareva Orders article dated 13 March 2008 (PDF).

Hope this helps!

 

[Rod]

Hmmm, that's too much for me for something that is the equivalent of insurance.

 

[Rod]

Update re: caveats: After much learning I concur with the above comments on caveats.

Update re: wages claim. Settled at the FWC for a significant amount, though less than the amount owed. Payment plan entered into and completed over 18 months.