VIC Employer avoided paying proper wage/taxes. What kind of lawyer do I need to contact?

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Amy1103

Member
27 March 2024
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I'll try to summarise the story as much as I can. I'm a 31-year-old woman who met my ex-partner, Jack, at university when I was studying architecture at the age of 23. His parents ran a family development/building business, where his dad would leverage debt to buy and develop property himself. After I finished my degree 1.5 years later, I moved in with my partner Jack, and they immediately put me to work in their family business. I learned some admin/bookkeeping skills, but mainly focused on building design work. My partner did the same.

The thing with their family business is that the dad tried to avoid tax at all costs and set up a trust for his children, under which all the properties were bought and developed, and the account was used for living expenses. All bills were paid through the trust to offset tax. To get by, my partner would withdraw money from the trust, and we'd live off it for a while. The business wasn't run properly for years, with no proper negotiations with consultants or partners. I was naive at the time but could sense it wasn't going anywhere for growth. It felt like we were just going in circles, but the dad always made it seem like we just didn't understand. He had narcissistic tendencies and was adept at gaslighting and manipulation. Despite feeling it was unfair that we were helping them grow their family assets without a consistent income, I loved and cared for my partner and did what I thought was right.

During this time, I designed a multi-residential apartment complex (34 apartments) for which I obtained a permit, and 5 townhouses, but the permit for the latter was refused because the dad didn't heed the council's suggestions due to his stubborn nature. I also designed a 32-townhouse development that was about to be submitted, but the dad wanted to sell the property before we could submit the plans, which later fell through, leading to confusion and disagreements.

I raised concerns multiple times, but Jack and his dad assured me that everything was done for the collective benefit of the family, with everyone supposedly benefiting equally (despite my ex having two siblings who didn't contribute anything). Because of my love and care for my partner, I tried to let it go, but it always felt uncomfortable and wrong. Last year was particularly tough on our relationship. I tried to maintain it but became quite sick from constant stress, feeling like I was putting in 90% of the effort. Eventually, I couldn't hold it together any longer, and we broke up.

I have statements to show I had random amounts of money come into my bank account of a $1000 dollars. But month to month the amount would vary from $700 to $2,500 per month from 2018-2024. So per year I got about $25,000 on average. He could say its just “stay at home gf” money but the council submission plans I did in 2021 are in my name.

The first thing Jack's dad said to him after the breakup was, "Did you sign a prenup?" ( we were engaged in 2021 but never married) indicating he didn't want me to have anything. My ex let me keep the car we were driving, even though it was bought under the trust. However, just a month ago, his dad changed the ownership of the trust to only his name. My ex told me yesterday that his dad doesn't understand why I should have a free car. It feels like I'm a stranger after working with them for the last 6 years. I feel like I was used and discarded. I should have left earlier but I cared so much for my now ex, I feel I'm so behind. I never got to pay superannuation or pay off any of my university debt because of their arrangement. I have nothing now, and I'm unsure if I have a case worth pursuing with the Fair Work Commission.

I feel used and deceived. I dont have money to fight it. Is there anything I can do? what kind of lawyer I need? Do some of them take fees after the case is over? Any advice or direction would be greatly appreciated.
 

Rod

Lawyer
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27 May 2014
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While there are 2 issues here - family law and employment law - I suspect employment law is the way to go.

6 years of underpayments is a reasonable sum of money if working 38 hrs per week.

You also have a family law claim but I suspect that will be hard to fight if your partner has few assets. Still worth a consultation to see what might be possible.

Our firm can help with both issues. I can assist with employment issues - see my signature below for how to contact me.
 

Amy1103

Member
27 March 2024
3
0
1
While there are 2 issues here - family law and employment law - I suspect employment law is the way to go.

6 years of underpayments is a reasonable sum of money if working 38 hrs per week.

You also have a family law claim but I suspect that will be hard to fight if your partner has few assets. Still worth a consultation to see what might be possible.

Our firm can help with both issues. I can assist with employment issues - see my signature below for how to contact me.
I appreciate the response. I'll get in touch with you. Thank you