NSW credit and debt community legal education resources
Produced by the Law and Justice Foundation of NSW for the Legal Information and Referral Forum, July 2009.
To check for recent plain language resources in English and other languages go to the Foundation’s search engine, Plain language law search – http://www.lawfoundation.net.au/pllsearch.
Although some of these resources may be out-of-date we have still included them as they provide an indication of the range of resources available. They may also indicate resources that need updating.
Contents
- General
- Banking
- Bankruptcy
General
Are you being squeezed for debt?, Legal Aid NSW, 2006, 2p. [Factsheet]
http://www.legalaid.nsw.gov.au/data/portal/00000005/public/79767001160708438125.pdf
This brochure explains options after a Letter of Demand is received and outlines the court process regarding debts.
Consumer credit (Hot topics 10), Legal Information Access Centre (LIAC), 18p. [Booklet]
http://www.liac.sl.nsw.gov.au/hot/index.cfm
The Consumer Credit Code provides a set of uniform, national rules for consumer lending. It began operation In November 1996.
Consumer credit hardship variation, Consumer Trader and Tenancy Tribunal, 2008, 2p. [Factsheet]
http://www.cttt.nsw.gov.au/pdfs/Resources/Publications/Fact_sheets/hardshipvariationfactsheet.pdf
This factsheet explains what you need to do when you cannot make your loan repayments and want to apply to the Consumer Trader and Tenancy Tribunal (CTTT) for a 'hardship variation' of your credit contract. It provides a definition of 'hardship variation', information on how and when to apply to the CTTT, what 'orders' can be asked for, what to do if an enforcement has begun and what to bring to the hearing.
Credit and debt fact sheets, Agnes Chong, Consumer Credit Legal Centre NSW (CCLC NSW), 2006, [Factsheet]
http://www.cclcnsw.org.au/content/view/34/46/
These six factsheets cover needing a loan, money or debt traps, family breakdown and debt, struggling with debt, dealing with debt collectors and refinancing. Available in Arabic, Chinese, Indonesian, Spanish, Samoan and Vietnamese. Produced with assistance from a Law and Justice Foundation grant.
Dealing with book up: a guide, Australian Securities & Investments Commission (ASIC), 2005, [Web site] [Australia]
http://www.fido.asic.gov.au/fido/fido.nsf/byheadline/Book+up?openDocument
Book up' is credit offered by stores and other traders for the purchase of goods or services allowing consumers to buy goods now and pay later. This guide tells stories of what communities and organisations around Australia have done in dealing with book up, describes the information and material they have used, and provides contact details.
Dealing with debt: your rights and responsibilities, Australian Competition and Consumer Commission (ACCC), 2007, 17p. [Booklet] [Australia]
http://www.accc.gov.au/content/index.phtml/itemId/3737
This booklet aims to assist people who are dealing with debt problems, or in contact with debt collectors. It covers how to liaise with debt collection agencies and unacceptable behaviour, disputing a debt, the court process and legal rights and protections. It is available in Arabic, Chinese, English, Greek, Turkish and Vietnamese.
Debt collection guideline: for collectors and creditors, Australian Competition & Consumer Commission (ACCC), 2005, 66p. [Booklet] [Australia]
http://www.accc.gov.au/content/item.phtml?itemId=733222&nodeId=94fd7b1d55f19d5614b8a9eddd074fa8
&fn=ACCC%E2%80%94ASIC%20Debt%20collection%20guideline:%20for%20collectors%20and%20creditors.pdf
This guide outlines how relevant provisions of the Trade Practices Act and the ASIC Act apply to debt collection conduct. It covers the significant changes since 1999 to industry practices, case law, jurisdictional changes and the level and substance of complaints made to the ACCC and ASIC.
Debt today? Gone tomorrow, Civil Rehabilitation Committee Justice Support, 2003, [Information card]
This wallet sized card and information brochure promotes CRC's free and confidential 1800 number which provides legal and financial counselling advice about debt and credit for incarcerated people and their families. Supported by a Law and Justice Foundation of NSW grant.
Debtor's guide to local courts NSW, Macarthur Legal Centre, 3rd edn. Federation Press, 2004, 190p. [Book]
http://www.federationpress.com.au/bookstore/book.asp?isbn=1862875170
This book provides up to date information about the debt recovery system for people facing debts in NSW. A useful resource for debtors, financial counsellors, community workers and lawyers. Produced with the assistance of a Law and Justice Foundation grant.
Get phonewize, Streetwize Communications, 2001, [Booklet] [Australia]
Phonewize is a free 8 panel, colour, comic-style resource about mobile phone debt aimed at young people under 18 who are considering purchasing a mobile phone. The booklet informs young people of their rights and responsibilities when purchasing a mobile phone and gives tips about how to avoid getting into debt and where to turn for help.
Help with credit problems, NSW Office of Fair Trading, 2004, [Factsheet]
http://www.fairtrading.nsw.gov.au/About_us/Publications/Shopping_and_credit.html
This factsheet offers advice for those with credit problems, and lists institutions that can help. Translated into Arabic, Chinese and Vietnamese. No longer available in English.
Indigenous, NSW Office of Fair Trading, 2008, [Web site]
http://www.fairtrading.nsw.gov.au/Indigenous.html
This section of the Office of Fair Trading website covers issues of specific interest to Indigenous Australians, including consumer issues in relation to business, credit and loans, shopping, consumer rights and tenancy.
LawZone - Dealing with debt, LawAccess NSW, Attorney General's Department of NSW (AGD), 2008, [Web site]
http://www.lawaccess.nsw.gov.au/a2j/dealingwithdebt.html
This website provides a step-by-step interactive tool to assist people with debt problems including what to do when someone owes you money or when a person is claiming money from you.
Letter of demand sample, Arts Law Centre of Australia, 2005, [Web page] [Australia]
http://www.artslaw.com.au/LegalInformation/DebtRecovery/default.asp
This web page answers the questions: 'What is a letter of demand?' 'Why send one?' 'What should be included in a letter of demand?' 'How to I respond to one?' It also provides a sample letter which can be used as a guide.
Listen up! young people and mobile phones, National Children's and Youth Law Centre, 2001, [Web page] [Australia]
http://www.lawstuff.org.au
This kit focuses on issues for young people with mobile phones such as contract issues for under-18s, terms and conditions in mobile phone contracts; debt issues; SMS and contact points for help.
Love and loans: avoiding relationship debt, NSW Office of Fair Trading, 2004, [Factsheet]
http://www.fairtrading.nsw.gov.au/About_us/Publications/Shopping_and_credit.html
This factsheet contains guidelines for people taking on financial debt for loved ones. It includes information on going co-borrower or guarantor, and possible legal action. Available in Greek, Italian and Spanish.
Mad choices: the indigenous youth guide to getting a fair go, NSW Office of Fair Trading, 2007, 16p. [Booklet]
http://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/Indigenous/ft220.pdf
This guide is for Indigenous youth in NSW. It contains information about consumer rights in the areas of renting, buying a car, shopping, credit and mobile phones.
Making ends meet: debt and family breakdown information and resource kit, Consumer Credit Legal Centre NSW (CCLC NSW), 2nd ed. 2001, 110p. [Kit, Form, Factsheet]
http://www.cclcnsw.org.au/
A guide for community workers which provides information, referrals, checklists, sample forms and letters and fact-sheets related to debt and financial difficulties associated with family breakdown. The format of the kit follows the process of family breakdown, from dealing with immediate crises (eg finding an income and housing, stopping credit cards etc) through to long term issues such as property settlement, disputing contracts and bankruptcy (his, hers or both). The kit is written primarily to assist women but the information is relevant to either gender. The Consumer Credit Legal Centre and Women's Legal Resources Centre periodically run training workshops on Debt and Family Breakdown issues, depending on resources and staff availability.
Making sense of money, Maribyrnong City Council, 2008, [DVD] [Vic]
http://www.maribyrnong.vic.gov.au/
This financial literacy DVD is aimed at newly arrived Sudanese people, but can also be used by other new migrants to Australia. It features short films on consumer awareness, basic banking, budgeting and managing bills, and credit facilities and loans, as well as four interactive financial awareness games. It is available in English, Dinka and Sudanese Arabic.
Money stuff! Work smart, Office of Industrial Relations, 2005, [Book, Web site]
http://www.youngpeopleatwork.nsw.gov.au/resource/money+stuff+work+smart.html
This website aims to assist students in learning to manage issues arising when they join the workforce including workplace issues and unemployment, starting a new job, workplace disputes, employer misconduct and apprenticeships. The accompanying book is designed to support commerce teachers with additional material for teaching commerce.
Moola talk, Streetwize Communications, Australian Securities& Investments Commission (ASIC), 2003, 8p. [Comic] [Australia]
http://www.fido.asic.gov.au/asic/pdflib.nsf/LookupByFileName/moola_comic.pdf/$file/moola_comic.pdf
Moola Talk is an educational resource designed especially for remote indigenous communities. It gives practical tips about common financial problems, including credit cards, warranties, banking and insurance. It is currently in English but will be translated into Arrernte, Walpiri and Pitjantjatjara.
New land, new law: a guide to the legal system in NSW, NSW Young Lawyers, 2nd edn. 2008, 61p. [Book]
http://www.lawsociety.com.au/page.asp?partID=20003
This resource is for new migrants and aims to assist them in understanding and clarifying their legal rights and obligations covering topics such as finding a lawyer, court procedures, immigration, criminal law, family law, debt and consumer protection. It is available in Arabic, Chinese, English and Farsi. Produced with assistance from a Law and Justice Foundation grant.
Online credit and debt resources, Consumer Credit Legal Centre NSW (CCLC NSW), 2003, [Factsheet]
http://www.cclcnsw.org.au
The Centre has produced online help covering issues relating to credit, managing loan commitments, court procedures, bankruptcy, debt collection and banks.
Payment assistance, rebates and financial hardship programs factsheet, Energy and Water Ombudsman NSW (EWON), 2006, 2p. [Factsheet]
http://www.ewon.com.au/documents/factsheets/PaymentAssistanceRebatesAndCustomerAssistance.pdf
This factsheet provides information about payment plans, financial hardship programs, centrepay, rebates, Energy accounts payment assistance (EAPA), Payment assistance schemes (PAS), how to apply for EAPA and PAS, and when to call the Ombudsman.
Problems paying your mortgage?, Legal Aid NSW, 2008, 6p. [Booklet]
http://www.legalaid.nsw.gov.au/data/portal/00000005/public/53088001205471207687.pdf
This booklet explains what to do when experiencing difficulty paying the mortgage. It has information about where legal and financial assistance can be sought.
Problems with debt?, Law Society of New South Wales, 2004, [Web page]
http://www.lawsociety.com.au/page.asp?partid=6646
This web page examines the legal ramifications of debt problems. It outlines what to do if a solicitor sends a letter of demand, and describes what happens if the matter is taken to court. It also advises how to respond if the money is not owed. The consequences of loosing a court case and not paying the judgement debt is also covered.
Recovery of debt factsheets, Redfern Legal Centre, 2006, [Factsheet]
http://www.rlc.org.au/other/factsheets/credit-debt-factsheets.html
These factsheets about debt recovery cover time limitations, negotiating with creditors, statement of liquidated claims, going to the Local Court, paying a judgement debt and getting forms, filing and service documents.
Sorting out your electricity, gas and water bills, Energy and Water Ombudsman NSW (EWON), 2005, 2p. [Factsheet]
http://www.ewon.com.au/documents/factsheets/SortingOutYourElectricityGasAndWaterBills.pdf
This factsheet gives an overview of problems encountered when paying electricity, gas and water bills, including opening and closing accounts, security deposits, pensioner rebates, unpaid bills, connection and disconnection and payment plans.
Talking money in today's language: an Arabic radio project about credit and debt, Consumer Credit Legal Centre NSW (CCLC NSW), 2nd edn. 2006, 65p. [Audiotape, Booklet, CD-ROM]
http://www.cclcnsw.org.au/content/view/91/80/
This resource provides information about credit cards, guarantors, interest free deals, mobile phones, debt collection, separation and debt, bankruptcy and mortgage brokers and is available online in audio. Developed with the assistance of a Law and Justice Foundation grant.
Telecommunications service options if you're experiencing financial hardship, Australian Communications Authority, 2005, 4p. [Factsheet] [Australia]
http://www.acma.gov.au/WEB/STANDARD/pc=PC_2939
This factsheet is designed to help consumers experiencing financial hardship to manage their spending on telecommunications services. It includes tips for managing phone use and expenditure; descriptions of the products and services available for managing usage and spending; details of the complaints process; a list of assistance programs and advice on how to find a financial counsellor.
The bankruptcy handbook, Betty Weule, Wayne Warburton and Richard Brading, 2nd edn. Federation Press, 2007, 128p. [Book] [Australia]
http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876217
This book provides an overview of the legal and financial processes involved in filing for bankruptcy and the implications of this. It includes information about bankruptcy and family law, sequestration orders, key bankruptcy processes, taxation and superannuation and case studies of different bankruptcy scenarios.
They are trying to take my home: things you can do, Legal Aid NSW, 2008, 2p. [Factsheet]
http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile285.pdf
This factsheet answers common questions about home repossession including when lenders can repossess houses, and loans regulated by the Consumer Credit Code. It explains possible actions that can be taken if a Default Notice or a Statement of Claim is received or if a lender has obtained judgment against you.
Understanding money: good practice in developing financial literacy initiatives with Indigenous Australians, Financial Literacy Foundation, 2007, 54p. [Booklet] [Australia]
http://www.understandingmoney.gov.au/documents/IAgoodpracticeprinciples.pdf
This booklet outlines the basics of understanding money and details 'good practice' principles when developing financial literacy programs with a particular focus on Indigenous clients
Understanding money: how to make it work for you, The Financial Literacy Foundation, The Department of the Treasury, 2006, 46p. [Booklet] [Australia]
http://www.understandingmoney.gov.au/documents/Handbook/english.pdf
This booklet includes a fold out money plan, advice on budgeting and obtaining credit, and gives contact numbers in each state for financial counsellors.
What to do in money troubles: a guide to consumer rights for people in Aboriginal communities in New South Wales, Illawarra Legal Centre, 2003, 37p. [Booklet]
http://www.maribyrnong.vic.gov.au/
This publication covers the main points to be aware of with regard to the following topics: banking, loans, debts, homes, cars, income, shopping, mobile phones, insurance and fines. It also includes a list of places to go for further information and a resource list.
Would you credit it?, Lismore and District Financial Counselling Service, 2006, [DVD]
http://www.financialcounselling.org.au/FCS_Lismore.htm
This DVD targets financial counsellors, consumers and community based support workers and covers debt options, rights and obligations, bankruptcy, going to court debt collectors, understanding different business models and the types of security creditors may require.
Your home, your car, your money, NSW Office of Fair Trading, 2007, [Audio download]
http://www.fairtrading.nsw.gov.au/About_us/Publications/Video_and_Audio/Your_car_your_home_your_money.html
This collection of audio files contains consumer information on shopping and refunds, avoiding scams, buying or selling your home, strata schemes, retirement villages, buying a car, credit and loans, plus what to do when things go wrong.
Your money radio programs, Australian Securities & Investments Commission (ASIC), 2006, [Audio download]
http://www.fido.gov.au/fido/fido.nsf/byheadline/Your+Money+radio+programs?openDocument
This six-part series of radio programs is designed to encourage people to use their money more wisely, better understand and manage their loans, insurance, superannuation and retirement savings, understand the risks of investing and how to avoid scams. The audio and scripts can be downloaded from the web.
Your money, Australian Securities & Investments Commission (ASIC), 2004, 51p. [Booklet]
http://www.asic.gov.au/fido/fido.nsf/byheadline/Money+management?openDocument
This booklet is designed to help people get more out of their money and includes information on budgeting, dealing with unexpected events, loans, mortgages, protecting yourself, superannuation, retiring and personal investment.
Youth debt, NSW Office of Fair Trading, 2003, [Web page]
http://www.soapcreative.com/solutions/youthdebt/
This site has stories of young people in debt, information on where to go for help, a chat-room and help from experts on dealing with debt.
Youth justice playing cards, Macquarie Legal Centre, 2008, [Playing cards]
http://www.macquarielegal.org.au/yep.htm
This deck of playing cards for young people and contains facts about legal rights and responsibilities in areas such as drugs, alcohol, credit, debt, police, fines and housing. Produced with assistance from a Law and Justice Foundation of NSW grant.
Banking
Getting advice: a practical guide to personal financial advice, Financial Planning Association of Australia, Australian Securities & Investments Commission (ASIC), 2006, 27p. [Booklet] [Australia]
http://www.fido.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Getting_Advice.pdf/$file/Getting_Advice.pdf
This booklet offers tips for obtaining financial advice including deciding if you need personal advice, finding the right adviser, working effectively with your adviser, getting advice that is individually suited, and carrying out given advice.
How to resolve your dispute, Financial Ombudsman , 2004, [Pamphlet] [Australia]
http://www.fos.org.au/public/download.jsp?id=3034
This booklet outlines the types of disputes the Financial Ombudsman is able to consider. It also describes the dispute resolution process and the options available after a finding is reached. Information about interpreters, conciliation conferences and tax is included, as are contact details for more information.
Using electronic funds transfer: your rights, Australian Securities & Investments Commission (ASIC), 2005, [Factsheet] [Australia]
http://www.asic.gov.au/fido/fido.nsf/byheadline/Your+Guide+to+the+EFT+Code?openDocument
These factsheets provide information on the EFT Code, personal information, unauthorised transactions, passwords, ATM deposits, account aggregation and system malfunctions. They also cover stored value facilities, privacy and electronic communication and how to make a complaint.
Your money radio programs, Australian Securities & Investments Commission (ASIC), 2006, [Audio download]
http://www.fido.gov.au/fido/fido.nsf/byheadline/Your+Money+radio+programs?openDocument
This six-part series of radio programs is designed to encourage people to use their money more wisely, better understand and manage their loans, insurance, superannuation and retirement savings, understand the risks of investing and how to avoid scams. The audio and scripts can be downloaded from the web. (change audiotape to Radio)
Bankruptcy
Bankruptcy factsheets and audiofiles, Insolvency and Trustee Service of Australia, 2004, 28p. [Booklet, audio download] [Australia]
http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/bankruptcy->fact+sheets?opendocument?OpenElement
These resources explains the bankruptcy process, including assets, debts and creditors, income distribution, discharge and trustees. Some of the fact sheets have been converted to audiofiles in mp3 format.
Bankruptcy, Federal Court of Australia, 2003, [Pamphlet] [Australia]
http://www.fedcourt.gov.au/litigants/bankruptcy/b_bankruptcy.html
This pamphlet contains specific information about bankruptcy proceedings in the Federal Court of Australia. There are links to bankruptcy information, and there is a pamphlet on bankruptcy which can be downloaded.
Can I appeal? Review and appeal of trustee and administrator decisions, Insolvency and Trustee Service Australia, 2004, [Factsheet] [Australia]
http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/Bankruptcy-%3EPamphlets%20and%20Fact%20Sheet%20Documents/
$FILE/Can_I_Appeal.pdf?OpenElement#search=%22Can%20I%20appeal%3F%20Review%20and%20appeal%20of%20trustee
%20and%20administrator%20decisions%22
This factsheet outlines Bankruptcy Regulation's procedures for dealing with complaints against trustees and administrators; and how it reviews decisions made by trustees. It also lists decisions which might warrant a review, and the steps required to obtain one.
Income contributions: will I have to make payments from my income?, Insolvency and Trustee Service Australia, 2004, [Factsheet] [Australia]
http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/Bankruptcy-%3EPamphlets%20and%20Fact%20Sheet%20Documents/
$FILE/Contributions.pdf?OpenElement#search=%22Income%20contributions%3A%20will%20I%20have%20to%20make%20payments
%20from%20my%20income%3F%22
This factsheet provides information on whether a bankrupt is liable to pay compulsory contribution. The formula used by the trustee to calculate contribution liability is tabled. Possible payment arrangements, hardship variations and penalties for non-payment are also covered.
Online credit and debt resources, Consumer Credit Legal Centre NSW (CCLC NSW), 2003, [Factsheet]
http://www.cclcnsw.org.au
The Centre has produced online help covering issues relating to credit, managing loan commitments, court procedures, bankruptcy, debt collection and banks.
Overseas travel: can I leave Australia if I become bankrupt?, Insolvency and Trustee Service Australia, 2004, [Factsheet] [Australia]
http://aussielegal.aol.com.au/informationoutline.asp?nocache=1&SubTopicDetailsID=1193
This factsheet outlines the circumstances which will legally allow or prevent overseas travel by bankrupts. It lists the steps required by the bankrupt to apply to the trustee for permission and the options for a possible review of the trustee's decision.
Resolving complaints about trustees and administrators, Insolvency and Trustee Service Australia, 2004, [Factsheet] [Australia]
http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/Bankruptcy-%3EPamphlets%20and%20Fact%20Sheet%20Documents/
$FILE/ResolvingComplaints.pdf?OpenElement#search=%22Resolving%20complaints%20about%20trustees%20and%20administrators%22
This factsheet gives an overview of the process involved in making a complaint to Bankruptcy Regulation. This includes: who may claim; how to claim; and how the claim is handled and investigated.
The bankruptcy handbook, Betty Weule, Wayne Warburton and Richard Brading, 2nd edn. Federation Press, 2007, 128p. [Book] [Australia]
http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876217
This book provides an overview of the legal and financial processes involved in filing for bankruptcy and the implications of this. It includes information about bankruptcy and family law, sequestration orders, key bankruptcy processes, taxation and superannuation and case studies of different bankruptcy scenarios.
Would you credit it?, Lismore and District Financial Counselling Service, 2006, [DVD]
http://www.financialcounselling.org.au/FCS_Lismore.htm
This DVD targets financial counsellors, consumers and community based support workers and covers debt options, rights and obligations, bankruptcy, going to court debt collectors, understanding different business models and the types of security creditors may require.
