Bankruptcy, Debt Agreements and Insolvency - Consumer Action Law Centre

Personal insolvency discussion paper 2023

Consumer Action Law Centre provides financial counselling assistance and legal advice to people at all stages of the insolvency process. We regularly speak to people who end up in unnecessary and cost...

ASIC action against debt vulture preying on people in financial hardship welcomed

Consumer Action Law Centre has welcomed news that corporate watchdog the Australian Securities and Investments Commission (ASIC) is taking legal action against Bakken Holdings Pty Ltd, also known as S...

Now is the time to make positive reforms to bankruptcy laws say consumer advocates

Consumer advocates around Australia have welcomed moves by Attorney-General Mark Dreyfus KC MP to reform bankruptcy laws. Last month, consumer advocates attended a Ministerial Roundtable on Perso...

Financial Sector Reform Bill 2022 – Compensation Scheme of Last Resort and Financial Accountability Regime

Consumer groups strongly support the passage of a well-designed Compensation Scheme of Last Resort (‘CSLR’) and Financial Accountability Regime (‘FAR’). These reforms are landmark recommendations of t...

Options Paper: Possible reforms to the bankruptcy system

This joint submission to the Attorney General's Department is made by Consumer Action and Financial Rights Legal Centre. It is staggering that the Government is proposing to roll back its own highl...

ASIC must reject licence applications from predatory debt vultures

Consumer Action has welcomed the news that Federal Treasurer Josh Frydenberg MP has made new regulations requiring debt management firms – also known as ‘debt vultures’ – to be licenced to provide ser...

Up to 1.9 million Australians paid debt vultures in the last 12 months: REPORT

According to a new report released today by Consumer Action Law Centre, approximately 1.4 to 1.9 million Australians have paid for debt management or credit repair services in the last 12 months. Thes...

Debt Management: Quantum Market Research

This report by Quantum Market Research on debt management firms is based on its AustraliaNOW weekly survey of attitudes and behaviour during COVID-19. A total of 2,005 people representative of age,...

Consumer groups slam move to remove responsible lending law

Removing credit protections will cause harm to people and the economy CHOICE, Consumer Action Law Centre, Financial Counselling Australia and Financial Rights Legal Centre have responded to the Gov...

Extension of bankruptcy threshold protections should be made permanent

Consumer groups have welcomed the Government’s extension of bankruptcy threshold protections until the end of the year because of the COVID emergency and are calling for the changes to be made permane...

COVID is making the debt crisis worse, let’s act now and treat people fairly

First published in the Herald Sun 10 September 2020 Australians’ debt problems will skyrocket due to the COVID-19 recession. We need to act now to ensure people in debt are treated fairly in the mo...

Keep communities connected, urge more than 40 community organisations across Australia

As more people face the prospect of losing work due to the COVID-19 health crisis, community organisations are calling on banks, telcos, energy retailers, and rental providers to help people stay con...

Keeping comprehensive credit reporting fair for those who have previously experienced hardship

Leading consumer advocacy bodies are concerned that customers who experience financial difficulty repaying loans will be unfairly penalised by credit reporting reforms proposed by the National Consume...

Consumer advocates unite as Government inaction on payday loan reform hits 1,000 days

As the counter ticks over to 1,000 days since the Coalition Government accepted the recommendations from the Small Amount Credit Contract (SACC) review, consumer advocacy organisations across the coun...

Who is making Australians bankrupt?

One of Australia’s largest debt collectors – Lion Finance (a subsidiary of ASX-listed Collection House Ltd) – turns to bankruptcy procedures to collect consumer debts far more often than its rivals, a...

Victoria’s Mental Health Royal Commission must examine links between links between poverty, debt and mental health

Consumer Action’s financial counsellors and lawyers speak regularly to individuals experiencing mental health issues. These individuals are commonly trying to deal with a range of consumer problems in...

Submission: Inquiry into credit and financial services targeted at Australians at risk of financial hardship

This Senate Inquiry is a crucial opportunity to close the regulatory loopholes exploited by fringe lenders and ‘debt help’ companies. These companies can entrench disadvantage for some of the most vul...

Debt Agreement Reform – Proposed Legislative Instruments

The Consumer Action Law Centre, Financial Rights Legal Centre and Financial Counselling Australia provided a submission to the Attorney-General's Department on its Legislative Instruments Consultation...

Submission: Reforms to strengthen penalties for corporate and financial sector misconduct – Draft Legislation

Review into the Australian Taxation Office’s use of Garnishee Notices

We reject the legal status quo which enables garnishee orders issued prior to bankruptcy to continue to garnish the wages of bankrupted individuals post-bankruptcy. As we understand it, garnishee ord...

Submission: Debt Agreement Reform

Consumer advocates welcome the reform of the debt agreement regime in the Bankruptcy Amendment (Debt Agreement Reform) Bill 2018. Comprehensive reform is needed to curb the rampant mis-se...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Consumer Action submission part 2

Consumer Action Law Centre has published part 2 of its submission to the Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector today. The submission draws on the experienc...

Submission: Bankruptcy Amendment (Enterprise Incentives) Bill 2017

Financial Rights Legal Centre and Consumer Action Law Centre made a joint submission to the Senate Legal and Constitutional Affairs Legislation Committee's Inquiry into the Bankruptcy Amendment (Enter...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Consumer Action submission part 1

Consumer Action Law Centre has published part 1 of its initial submission to the Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector today. The submission draws on the e...

Federal Circuit Court Financial Counselling Project Evaluation

Since September 2014, the Federal Circuit Court (FCC) in Melbourne has provided direct financial counselling services to self-represented debtors in the FCC’s Bankruptcy Lists. This pilot service, imp...

Improving bankruptcy and insolvency laws – Proposals paper

The Consumer Action Law Centre (Consumer Action) welcomes the opportunity to provide input to proposed changes to Australia’s bankruptcy and insolvency laws. To read a PDF of the submission online,...

Debt Management Firms Communiqué

Around forty representatives from consumer advocacy organisations, industry associations, ombudsman schemes, government agencies and regulators met in Melbourne on 18 February 2016 to discuss the soci...

Debt vultures are not your friends

The huge up-front fees and dubious value of services provided by for-profit debt businesses is in the spotlight after a new report by the Australian Securities and Investments Commission (ASIC). Co...

Consumer Advocates and Financial Counsellors applaud Federal Parliament’s move to scrap $120 bankruptcy fee

Consumer advocates and financial counsellors have applauded Federal Parliament’s move to stop the Australian Financial Security Authority charging individuals a $120 to declare bankruptcy. The fee, i...

Media release: Charging $120 to bankrupt? Sadly it’s no April fool’s joke

Charging struggling Australians a filing fee for bankruptcy is like trying to get blood from a stone. Consumer advocates and financial counselling agencies say the $120 fee, to be charged from 1 April...

Submission: Filing fees for debtors’ petitions, overseas travel requests and an increase to the realisations charge

A scan of Consumer Action's casework records (including both our legal advice and financial counselling services) reveals that we have on record at least 1900 calls from low income and vulnerable clie...

Media release: Advocates object to new fee for entering bankruptcy

A coalition of consumer advocates and financial counselling agencies has expressed dismay at a plan to charge Australians filing for bankruptcy. The Australian Financial Security Authority (ASFA) has...

Submission: Debt agreement administrators’ guidelines relating to advertising

Consumer Action's MoneyHelp financial counselling practice helps disadvantaged, low income Victorian consumers who are experiencing severe financial distress consumers Victorians, some of who have use...

Submission: ACCC / ASIC Debt Collection Guideline

Consumer Action has provided comment on the review of the ACCC / ASIC Debt Collection Guideline for Collectors and Creditors. The revised draft Guideline is a significant improvement on the existing...

Fresh start or false hope: Are debt agreement administrators overstating their abilities?

A debt agreement, regulated by the Bankruptcy Act, is an option available to a debtor as a way of dealing with unmanageable debt. Debt agreements typically involve a compromise with creditors on the t...

Submission: Review of debt agreements under the Bankruptcy Act 1966 – Proposals Paper

Consumer Action has made a submission to the Review of Debt Agreements under the Bankruptcy Act 1966 proposals paper. Our submission: reiterates our recommendation that the Bankruptcy Act should be...

Submission: Proposed regulations for the Privacy Amendment (Enhancing Privacy Protections) Bill

Consumer Action has made a submission to the Commonwealth Attorney-General's Department on proposed regulations for the Privacy Amendment (Enhancing Privacy Protections) Bill. This submission discusse...

Submission: Review of Debt Agreements Under the Bankruptcy Act 1966

Consumer Action has provided a submission to this review of debt agreements undertaken by the Attorney-General's Department. The submission: argues for a minimum income threshold to access debt agre...

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