The Legal Entity is a Natural Person
If the contractor you hired is a natural person, i.e. an individual/sole trader, here’s what you need to know:
- Check your contract or quotation: If the individual’s name is listed on the contract or quotation, use that information to take legal action against them.
- Look at invoices and bank records: Sometimes, the individual’s name, address, and bank details can be found on invoices and bank records.
- Check your insurance policy: The individual’s name and other details are listed in the insurance policy certificate.
- Check the emails and other correspondences: Contractors usually indicate their names and address in their emails and other correspondences with you.
- Use personal knowledge: If you know the individual personally, you can use their details to take legal action against them.
- Conduct an ABR Lookup: You may also be able to find their details on the Australian Business Register (ABR) Lookup website.
The Legal Entity is a Company
If the contractor you hired is a company, you can find their legal details in a few places:
- Check your contract: It’s always a good place to start. The company’s name and registration number should be listed in the contract you signed with them.
- Check the ASIC Website: The Australian Securities and Investments Commission (ASIC) register is a great place to find out more about a company. You can check their legal status and details on the ASIC Connect website.
- Conduct an ABR Lookup: You can also find the contractor’s details on the ABR Lookup website.
- Examine invoices and bank records: Sometimes, you can find the company’s name, address, and bank details on invoices and bank records.
- Check the emails and other correspondences: Contractors usually indicate their names and address in their emails and other correspondences with you.
The Legal Entity is a Trustee
Next up, we have trustees. Oftentimes, a trustee is a company. If the contractor you hired is operating as a trustee, here’s what you need to do:
- Read the trust deed: This is the document that outlines the terms of the trust, and it should have the names of the trustees and their addresses for service.
- Check the ASIC Website;
- Conduct an ABR Lookup;
- Use personal knowledge: If you know the trustees personally, you can use their details to take legal action against them.
The Legal Entity is a Partnership
Now, let’s talk about partnerships. If the contractor you hired is operating as a partnership, here’s what you need to know:
- Check the partnership agreement: This document outlines the terms of the partnership and should have the names of the partners and their addresses for service.
- Conduct an ABR Lookup.
- Use personal knowledge: If you know the partners personally, you can use their details to take legal action against them.
Get Legal Advice
Don’t panic when your contractor breaches the contract. With the steps outlined in this article, you can easily identify the right legal entity to sue. By taking legal action, you can protect your rights and seek compensation for any damages caused. However, if you’re still unsure, it’s always a good idea to seek professional assistance or legal advice. So, be empowered and take the necessary action to protect yourself.
