You can apply to have your fee decided in court, unless a judgement for the debt has already been obtained by the court.
If you elect to go to court, an internal review of your matter must be undertaken before it is listed at court, unless a review has already been carried out.
We can accept an application to go to court if:
- debt recovery action has not commenced or
- you were aware of the debt recovery order, but were prevented from acting or
- you were not aware of the debt recovery order (and applied to go to court in a reasonable time-frame).
A statutory declaration is acceptable evidence that you were not aware of the debt recovery order, unless there is conflicting evidence. Examples of acceptable reasons include:
- you were overseas when the notice was issued (supported by international movement records)
- you could not act on the notice because you were sick or caring for an ill person (supported by a medical practitioner or other health service provider)
- you were incarcerated when the notice was issued
- you were affected by domestic circumstances, such as family violence or homelessness.