Legal Question in Legal Ethics in Australia

Default on promise to Deliver Visas/work permits on receipt of Payment

Were acting as an agent for an Australian firm to process Visas in Australia & New Zealand as well as work permits in the U.K. The Firm received the deposit for processing the documents and is now holding funds for a year and has not responded to our e-mails. Initial acknowledgment was received so we have a writen confirmation of funds being received and owed. But no refund or dox being processed. Our firm has had considerable loss of revenue, goodwill as well as reputation in our market. Also The firm misadvised us on the work permits being endorsable. When those clients whose Work permits were processed went to LON. They could not work as British Govt. required them to work for the Company sponsoring them. This company did not exist.

Clients very upset and we now have a problem with our credibility in the market as well as clients now threatening to sue us and requesting refund of their fees.

Please advise do we have a case we can file against the firm? What ore our chances of winning? How much will it cost? Who would be the best to handle lawyer in NBO or Aust?


Asked on 5/05/03, 5:02 am

1 Answer from Attorneys
Michael Lipshutz Cohen Woolf & Weinberg

Re: Default on promise to Deliver Visas/work permits on receipt of Payment

Thank you for the enquiry through Law Guru. It is difficult to ascertaon from your explanation precisely the arrangement. It would seem however that the Australian firm has misrepresented itself to you. Is your claim for damages arising from loss of reputation or is it a debt arising from monies that are owed to you? It would be more convenient to sue in the your own country but you will need to ascertain whether your State has a treaty or convention with the Australian State in which the firm is located as to enforceability of judgments. ie, there is no purpose in sueing in the US if the judgment cannot be enforced in Australia. You can sue in Australia as an alternative but you may be asked to provide money up front with the court as security for costs should you lose.

I would be happy to assist you should you wish.

Regards

Michael Lipshutz

Contact: Michael Lipshutz

Firm: Cohen Woolf & Weinberg

Address: 608 St Kilda Road, Melbourne. 3004

Tel: (613) 9520 8777

Fax: (61 3) 9521 2253

email: [email protected]

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Answered on 5/05/03, 6:34 pm


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