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I want to sue more than one person. How can I do this?

I used to work for a clothing company and there were two directors. They both did the wrong thing by me and owe me wages. I want to sue them both because they are both responsible. How can I do this?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
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  1. Civil Litigation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Melbourne 3000 VIC

  • In certain circumstances two or more people can be joined as defendants in a civil case. This is referred to as a ‘joinder’.
  • There are certain situations where this may be permitted such as where:
    • there is a common question will need to be determined in all the cases even though the defendants are separate;
    • the defendants are jointly liable under a contract; or
    • the relief claimed relates to:
      • the same transaction or
      • the same series of transactions.
  • In your case both the directors would probably be jointly liable under your employment contract.
    • However the answer to your question depends on the exact terms of your employment contract.
    • You will need to get some specific legal advice about your employment contract and how the law applies to your situation. 

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