We are practising Lawyers and do not hold an Australian Credit Licence. Accordingly, from 1 July 2021, we will not be able to assist you with any Debt Management Assistance or Credit Reporting Assistance:
Debt Management assistance is, in broad terms, suggesting or helping a consumer to:
- apply for change to a credit contract for which the consumer is a debtor;
- apply for postponement of proceedings;
- make a complaint to a credit provider, AFCA, ASIC or the Information Commissioner.
We will also not be able to provide you with Credit Reporting assistance, which is essentially suggesting and/or helping a consumer to apply for a change to information collected by a Credit Reporting Body about a credit contract for which you are a debtor.
We will be able to provide credit assistance in our professional capacity in relation to matters of law, legal interpretation or the application of the law to any facts, as well as provide any credit assistance not mentioned by a lawyer in the ordinary course of activities as a lawyer that is reasonably regarded as a necessary part of those activities. This exception applies to lawyers only if we do not hold out to provide Debt Management Assistance or Credit Reporting Assistance or credit services (as defined under the National Consumer Credit Protection Act).
Subject to certain exemptions and strict rules, a credit activity is exempted if it is engaged in by a lawyer in the following circumstances:
- (a) the lawyer is acting:
(i) on the instructions of a client, an associate of the client or a relative of the client; and
(ii) in his or her professional capacity; and
(iii) in the ordinary course of his or her activities as a lawyer;
- (b) the credit activity can reasonably be regarded as a necessary part of those activities;
- (c) the lawyer has not received, and will not receive, from the client or from another person on behalf of the client a benefit in connection with those activities other than:
(i) the payment of professional charges in relation to those activities; and
(ii) reimbursement for expenses incurred or payment on account of expenses to be incurred on behalf of the client, an associate of the client or a relative of the client;
- (d) the lawyer does not hold out or advertise to consumers that he or she is able to provide credit services or debt management services.
You can see, from the above, that our ability as lawyers to assist with credit disputes is quite limited.
If you believe that you require legal advice or assistance in relation to any matters that do not constitute a debt management service or credit reporting assistance, you can contact our Sydney Lawyers and we will determine if we will be able to assist.
You may wish to contact us by telephone on (02) 9233 4048 or email us at email@example.com to make an appointment with a solicitor from our team.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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