Showing posts with label australia. Show all posts
Showing posts with label australia. Show all posts

Tuesday, July 6, 2010

Victoria Legal Aid

Victoria Legal Aid

About Victoria Legal Aid

Victoria Legal Aid is an independent statutory body, jointly funded by the state and commonwealth governments, that provides legal aid services to the Victorian community.

Services include:

  • providing legal information, assistance and advice
  • offering free representation at court by organising a duty lawyer
  • educating the community about legal rights and responsibilities via free publications, seminars and workshops.

Victorian Legal Aid offices are located throughout Victoria, including at courts, jails and other institutions

Is Legal Aid free?

Many legal aid services are free; and there are no application fees for a grant of legal assistance. However, if you are offered legal assistance you may have to pay back some or all of your legal costs. This is called a contribution and it can be paid in one amount or by monthly instalments. The amount you will be asked to pay depends on your financial position.

Further information

For more specific information about Victoria Legal Aid, including objectives, services and application forms, see the Victoria Legal Aid (VLA) website or read the brochure Do You Have a Legal Problem. For detailed information about applying for legal aid, see the Victoria Legal Aid Handbook. For further contact information for all of the VLA offices, see the 'Contact Us, VLA Offices' section of the site.

Contacts

Victoria Legal Aid
Tel: 9269 0234
Tel: (toll free for regional callers) 1800 677 402

Legal Information Service
Tel: 9269 0120
Tel: (toll free for regional callers) 1800 677 402

Child Witness Service

Child Witness Service

Appearing in court can be confusing and stressful for most people, particularly for children and young people who have been victims of, or witnesses to, violent crimes.

The Child Witness Service is a specialist service staffed with social workers and psychologists. A dedicated unit with child-friendly surrounds, the service provides remote witness facilities so that the witness may not have to give their evidence in the courtroom in front of the accused person.

The new service aims to reduce the trauma and stress experienced by a child witness by:

  • preparing witnesses for the process of providing their evidence
  • familiarising the witness with the court process and personnel
  • supporting the witnesses throughout the criminal proceedings and court
  • supporting the principal carer through the process.

Based in the Melbourne court precinct, the Child Witness Service provides a child-friendly environment for children and young people to learn about the court processes and personnel before they need to give evidence.

The service is state-wide and will support children giving evidence in the rural regions as well as those in metropolitan Melbourne. The Child Witness Service will be available to witnesses appearing in the Magistrates’, Children's, County and Supreme Courts.

Referrals can be made by anyone including police, prosecutors, defence lawyers, other professionals and families by phoning (03) 9603 9266 or 1300 790 540.

Contacts

Child Witness Service - Department of Justice
Tel: 03 9603 9266
Tel: 1300 790 540 (regional callers)

Giving Evidence

Giving Evidence

At some stage in your life, you may need to go to court to give evidence as a witness.

A witness may be a victim of a crime. They may be a person making a complaint or a claim about a civil matter (the plaintiff). Accused people and people who have a claim made against them in a civil case can also give evidence. Other people who have direct information about a crime or a civil matter may also be called as witnesses.

Witnesses can be asked to attend court by either the prosecution or the defence side of a matter. Expert witnesses are also engaged from time to time to give their specialist opinion.

What will happen

If you are required to give evidence in court, you will be advised or sent a letter (a 'subpoena' or a 'witness summons') telling you when and where to go.

At a court hearing, when it is your turn, your name will be called and you will be shown to the witness box at the front of the courtroom. A court officer will ask you whether you wish to swear a religious oath to tell the truth or to make a non-religious affirmation. An oath taken by a witness can refer to the specific religious beliefs of the witness and may be sworn on an appropriate text.

You may be asked questions by the legal representative of both the plaintiff/prosecution side and the respondent/accused person's side. In some cases, the person involved in the crime or civil matter may be representing themselves and will ask the questions.

The judge or magistrate may also ask you questions about your evidence.

As a witness, once you are excused from the court you are free to leave.

Things to remember

When giving evidence it is important that, before you go to court, you find out as much as you can about what will happen on the day.

When giving evidence, take your time, remain calm and speak clearly. If you don't understand a question or you did not hear the question properly, ask for it to be repeated. If you feel upset or distressed, pause, take some deep breaths, or have a drink of water, and relax. Continue only when you are ready.

Many of the Victorian courts and tribunals have information on their websites to help people understand and prepare for what will happen on the day in court or at a tribunal hearing. For example, the Magistrates' Court has a virtual tour to show you where you’ll sit and where other people will sit in the room. There are also support services available through the courts.

Evidence from vulnerable witnesses and victims

Generally, a victim or witness will give evidence in the courtroom itself. However, under the Criminal Procedure Act 2009, special provisions may be available for particularly vulnerable witnesses. This includes children and people with a cognitive impairment. If this applies to you, special provisions may include:

  • having a friend or relative in court while you give evidence, provided that this support person is not also appearing as a witness
  • having a screen in the court, so you do not have to see the accused person while you give evidence
  • having the court closed to the public while you give evidence
  • giving your evidence on closed circuit television.

Vulnerable witnesses can ask the prosecutor to apply to the court to give evidence using these special provisions. It is up to the judge to decide whether to grant permission to use them.

Some evidence is not heard by the court until an accused person is found guilty, for example victim impact statements. There is more information about victim impact statements in the Victimssection of this site.

Contacts

Court Network
State-wide Court Network Telephone and Referral Service - open between 9.00am and 5.00pm every weekday.
Tel: 03 9603 7433 or
Tel: (toll free) 1800 681 614

Witness Assistance Service
If the court case is being prosecuted by the Office of Public Prosecutions
Tel: 03 9603 7523 or 03 9603 7422 or
Tel: (toll free)1800 641 927

Victims Assistance and Counselling Program
Victims of Crime Helpline: 1800 819 817

Going to Court

Going to Court

There are a number of reasons you may need to attend court - either as a party to a case, as a witness or to support family or friends. In this section you will find introductory information about:

  • giving evidence in court
  • making an oath or affirmation
  • how different people are able to provide affidavits to the court.

You will also find:

  • clear explanations of commonly used terms including who the accused persons and plaintiffs are
  • how juries are selected and their rights and responsibilities
  • how judgments are passed.

There is also a list of support services including information about legal aid and victim support.

You should visit individual court sites to find specific information about how each court works. If you are going to court you should also seek legal advice.

How do I go bankrupt?

How do I go bankrupt?

The provider of this information is Insolvency & Trustee Services Ausralia.


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HOW DO I GO BANKRUPT?

Reproduced by express permission form the Commonwealth Government, Insolvency and Trustee Services Australia.

June 2004 Edition

Why choose bankruptcy?

If you cannot pay your debts, and have been unable to come to a compromise or arrangement with your creditors, then you may decide to go bankrupt.

Bankruptcy is a process where people receive the protection of the Bankruptcy Act.

The Prescribed Information booklet details alternatives to bankruptcy and the obligations and consequences of bankruptcy. Financial counsellors and other advisers can also give you information about bankruptcy and alternative options. See the ITSA website www.itsa.gov.au or contact ITSA offices (see rear cover) for booklets or lists of contacts.

Warning:

The consequences of bankruptcy are serious. It should only be chosen after you have looked at every other option.

Can anyone go bankrupt?

There are no income, asset or debt limits if you decide to apply for bankruptcy.

To become bankrupt you:

  • cannot have an unfinalised Part IX Debt Agreement or Part X agreement in place, and
  • must be ordinarily resident in Australia; or have owned a house or business, or have carried on a business, in Australia, or
  • must be personally present in Australia when you lodge your debtor’s petition.

If you have any questions please ask ITSA. Do not lodge your bankruptcy documents if you do not understand how it will affect you.

How do I become bankrupt?

To apply to become bankrupt you need to complete and lodge the following three documents with the ITSA office in your state or territory. These documents are available from ITSAs website and offices, registered trustees and many financial counsellors.

Note:

  • you can lodge your documents in person, by post or by fax
  • you cannot lodge your documents by email.

1. Debtor’s Petition

This is your application to become bankrupt. You need to:

  • answer every question
  • sign and date it in front of a witness (who must also sign and date it).

Warning:

The presentation of a Debtor's Petition is an act of bankruptcy. If your Debtor's Petition is rejected, a creditor can use this to apply to the Federal Court or Federal Magistrates Service to make you bankrupt.

2. Statement of Affairs

This document identifies who you are. It will provide your trustee with essential information, such as your income, assets, debts and business dealings. You need to:

  • attach any documents if asked to do so
  • sign it.

Warning:

There are penalties under the Bankruptcy Act for providing false or misleading information.

3. Acknowledgement that you have received and read the Prescribed Information booklet

The Bankruptcy Act prescribes that information about alternative options to bankruptcy and the consequences of bankruptcy must be given to people who are contemplating bankruptcy. You need to:

  • read the booklet
  • sign and then detach the Acknowledgement on page 19
  • attach the signed Acknowledgement to your bankruptcy papers.

Creditors can make you bankrupt

One of your creditors may apply to the Court in a Creditor's Petition to make you bankrupt if you have committed what is called an act of bankruptcy.

The most common act of bankruptcy relied on by a creditor is a failure to comply with a bankruptcy notice requiring that the creditor's debts, of at least $2,000, be paid within 21 days.

What happens after I lodge my bankruptcy documents with ITSA?

ITSA will decide whether to accept your Debtor's Petition within one business day (Monday to Friday) of you lodging your documents.

ITSA examines your documents to make sure that:

  • they have been fully and properly completed and signed
  • all necessary attachments are included
  • there is no reason to reject your petition.

ITSA will not accept your documents if there is information or attachments missing. Your documents will be returned to you for amendment.

In a very few cases, your Debtor's Petition may be rejected if ITSA considers that:

  • you are able to pay your debts within a reasonable time, and either
  • you have previously been bankrupt on your own petition three or more times or once in the last five years, or
  • you are unwilling to pay one or more creditors or creditors in general.

ITSA will talk to you before deciding to reject your petition. If your petition is rejected, ITSA will write to you to explain why your Debtor's Petition has been rejected and how to obtain a review of this decision.

More information is available in the pamphlet:

Debts and Creditors: What happens to them if I go bankrupt?

If your Debtor’s Petition is accepted

  • You become bankrupt within one day.
  • You are given an administration number.
  • ITSA records your bankruptcy on the NPII (National Personal Insolvency Index) database. Your name will appear on the NPII forever.
  • A trustee will administer your bankruptcy. ITSA will be your trustee unless a registered trustee has consented to be your trustee.
  • Your assets, income and debts must be disclosed to your trustee.
  • Your trustee advises your creditors of your bankruptcy and provides them with a summary of your Statement of Affairs.
  • Your trustee will sell your divisible assets.
  • Your trustee will assess you for income contributions. You may have to pay contributions for the benefit of your creditors.
  • You are released from certain debts when you are discharged from bankruptcy. However, there may be some debts you still have to pay.

More information is available in the pamphlets:

Debts and Creditors: What happens to them if I go bankrupt?

Assets: What happens to my assets if I have to go bankrupt?

Contributions: Will I have to make payments from my income?

Your trustee

If you make yourself bankrupt you may choose your own trustee to administer your bankruptcy. If you do not choose a trustee, ITSA will be your trustee.

If a creditor makes you bankrupt, they choose your trustee.

During your bankruptcy, your creditors may decide to change your trustee, and trustees may also obtain the consent of another trustee to replace them.

When will I be discharged from bankruptcy?

A discharge from bankruptcy normally happens automatically 3 years and 1 day after your Statement of Affairs has been lodged with and accepted by ITSA.

In some circumstances, the period of your bankruptcy may be extended to either 5 or 8 years if your trustee lodges an objection to your discharge with ITSA. An objection is usually lodged because a bankrupt has not co-operated with the trustee or there has been some misconduct.

Your bankruptcy can only be annulled (cancelled) earlier through:

  • payment of your debts in full, or
  • an offer to creditors (composition), or
  • application to the Court.

More information is available in the pamphlets

Annulment and Discharge

Where to contact us

Telephone 1300 364 785

ITSA website wwwitsa.gov.au

ITSA Offices

ACT

Level 2, NFF House, 14-16 Brisbane Avenue BARTON ACT 2600

Tel: 1300 364 785

Fax: (02) 6270 3608

email: itsa.canberra@itsa.gov.au

New South Wales

GPO Box 548 SYDNEY NSW 2001 Level 8, 135 King Street SYDNEY NSW 2000

Tel: 1300 364 785

Fax: (02) 8233 7891

email: itsa.sydney@itsa.gov.au

Queensland

Brisbane

PO Box 10443 Adelaide Street BRISBANE QLD 4001

Level 16, 340 Adelaide Street BRISBANE OLD 4000

Tel: 1300 364 785

Fax: (07) 3360 5466

email: itsa.brisbane@itsa.gov.au

Townsville

PO Box 1527 TOWNSVILLE QLD 4810 Level 1,

National Australia Bank Building 315 Ross River Road AITKENVALE OLD 4814

Tel: 1300 364 785

Fax: (07) 4727 0500

email: itsa.townsviIIe-0itsa.gov.au

South Australia/Northern Territory

GPO Box 2604 ADELAIDE SA 5001

Level 18, Grenfell Centre 25 Grenfell Street ADELAIDE SA 5000

Tel: 1300 364 785

Fax: (08) 8112 4305

email: itsa.adelaide@itsa.gov.au

Tasmania

GPO Box 850 HOBART TAS 7001

Level 4, ANZ Centre 22-26 Elizabeth Street HOBART TAS 7000

Tel: 1300 364 785

Fax: (03) 6221 7700

email: itsa.hobart@itsa.gov.au

Victoria

Level 10, Melbourne Central 360 Elizabeth Street MELBOURNE VIC 3000

Tel: 1300 364 785

Fax: (03) 9272 4900

email: itsa.melbourne@itsa.gov.au

Western Australia

GPO Box H536 PERTH WA 6841

Level 12, Durack Centre 263 Adelaide Terrace PERTH WA 6000

Tel: 1300 364 785

Fax: (08) 9268 1298

email: itsa.perth@itsa.gov.au

More information pamphlets are available.

See the website or contact ITSA for a complete list.

Discharge: How and when does my bankruptcy end?

Discharge: How and when does my bankruptcy end?

The provider of this information is Insolvency & Trustee Services Ausralia.


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DISCHARGE

HOW AND WHEN DOES MY BANKRUPTCY END?

Reproduced by express permission form the Commonwealth Government, Insolvency and Trustee Services Australia.

June 2004 Edition

What is discharge?

Discharge is the end of bankruptcy.

When will I be discharged from bankruptcy?

Discharge from bankruptcy normally happens automatically 3 years and 1 day after your Statement of Affairs was lodged with and accepted by ITSA.

If you have been made bankrupt by the Court your Statement of Affairs was probably lodged some time after the date of bankruptcy.

There is no need to apply for discharge and there is no fee. You can get written confirmation of your discharge from bankruptcy by:

  • asking your trustee
  • searching the public record (the National Personal Insolvency Index or NPII database).

More information is available in the pamphlet: Searching the Public Record

In some circumstances, you can be bankrupt for longer than 3 years for reasons discussed later in this pamphlet.

What happens after discharge?

Your name will appear on the NPII forever.

The administration of your bankruptcy by your trustee may continue after you are discharged. Your trustee may not have finalized investigations or the sale of assets, or you may still have income contributions to pay.

What are my legal obligations after discharge?

  • You must assist your trustee to finalise the administration of your bankruptcy.
  • You must advise your trustee of changes in your address or financial circumstances if requested to do so.
  • You must pay outstanding income contributions.
  • Assets in your bankruptcy which have not been sold by your trustee before the date of your discharge are not automatically returned to you.
  • In limited circumstances, your trustee has a time limit of 6 years after your discharge to deal with assets (other than cash).

More information is available in the pamphlet: Assets: What happens to my assets if I go bankrupt?

Your trustee is the person who administers your bankruptcy or Part X agreement; either a registered trustee or ITSA.

See the Prescribed Information booklet for definitions of other bankruptcy terms

What happens to my debts after I am discharged?

You are released from certain debts when you are discharged from bankruptcy. However, there may be some debts that you will still have to pay.

Debts you still have to pay during and after bankruptcy

1. Some debts are not provable in bankruptcy. Creditors with these types of debt cannot receive any money from your bankrupt estate but they can continue debt recovery action against you even during bankruptcy eg:

  • penalties and fines imposed by a court
  • damages from accidents (eg car accidents) unless, before bankruptcy, the sum of damages has been fixed by a court judgment or you have a written agreement with the other party
  • student assistance/supplement loans.

2. Assets that you wish to keep but which are secured to a creditor (eg house mortgage). You will need to keep paying for these assets or the creditor will take them back.

More information is available in the pamphlet: Assets: What happens to my assets if I go bankrupt?

3. Any new debts created on or after your date of bankruptcy.

Debts you still have to pay after your discharge

Creditors of certain types of debt (provable debts) can receive money from your bankrupt estate and can also continue debt recovery action against you after you are discharged from bankruptcy eg:

  • child support debts
  • maintenance
  • accumulated HECS (Higher Education Contribution Scheme) debts owing when you became bankrupt, excluding any amount shown on a notice of assessment issued by the Australian Tax Office (ATO) before you became bankrupt – ask the ATO if you need more information
  • debts incurred by fraud.

More information is available in the pamphlet: Debts and Creditors: What happens to them if I go bankrupt

Released from debt – you are no longer liable for or have to pay this debt

Provable debt – an amount for which a creditor is entitled to claim a dividend in your bankruptcy

Can I be discharged in less than 3 years?

No. However, in some circumstances, you may be able to have your bankruptcy annulled (cancelled).

A bankruptcy can be annulled in three ways:

1. Payment in full – your creditors and your trustee’s fees and expenses have been paid in full. This usually happens because your trustee has sold assets and/or you have paid money ot your trustee from your income or another source.

2. Composition or arrangement – creditors accept an offer made by you through a trustee for finalizing your debts. This usually arises when a friend or family member helps by offering a lump sum to your creditors. The offer must also provide for payment of your trustee’s fees.

3. Application to the Court – in some limited circumstances, you may apply to the Federal Court or Federal Magistrates Service to have your bankruptcy annulled if you think you should not have been made bankrupt or should not have lodged your Debtor’s Petition. You should seek legal advice before making such an application.

More information is available in the pamphlet: Annulment: Can my bankruptcy be cancelled?

Can I be bankrupt for more than 3 years?

The period of your bankruptcy may be extended to 5 or 8 years if your trustee lodges an objection to your discharge with ITSA.

Your trustee may lodge an objection on a number of grounds, such as your failure to:

  • provide information to, and assist, your trustee
  • disclose to your trustee all income
  • pay assessed income contributions
  • explain how money was spent
  • reveal all assets and creditors.

You may request a review of an objection.

More information is available in the pamphlet: Can I Appeal? Review and appeal of trustee and administrator decisions

Where to contact us

Telephone 1300 364 785

ITSA website wwwitsa.gov.au

ITSA Offices

ACT

Level 2, NFF House, 14-16 Brisbane Avenue BARTON ACT 2600

Tel: 1300 364 785

Fax: (02) 6270 3608

email: itsa.canberra@itsa.gov.au

New South Wales

GPO Box 548 SYDNEY NSW 2001 Level 8, 135 King Street SYDNEY NSW 2000

Tel: 1300 364 785

Fax: (02) 8233 7891

email: itsa.sydney@itsa.gov.au

Queensland

Brisbane

PO Box 10443 Adelaide Street BRISBANE QLD 4001

Level 16, 340 Adelaide Street BRISBANE OLD 4000

Tel: 1300 364 785

Fax: (07) 3360 5466

email: itsa.brisbane@itsa.gov.au

Townsville

PO Box 1527 TOWNSVILLE QLD 4810 Level 1,

National Australia Bank Building 315 Ross River Road AITKENVALE OLD 4814

Tel: 1300 364 785

Fax: (07) 4727 0500

email: itsa.townsviIIe-0itsa.gov.au

South Australia/Northern Territory

GPO Box 2604 ADELAIDE SA 5001

Level 18, Grenfell Centre 25 Grenfell Street ADELAIDE SA 5000

Tel: 1300 364 785

Fax: (08) 8112 4305

email: itsa.adelaide@itsa.gov.au

Tasmania

GPO Box 850 HOBART TAS 7001

Level 4, ANZ Centre 22-26 Elizabeth Street HOBART TAS 7000

Tel: 1300 364 785

Fax: (03) 6221 7700

email: itsa.hobart@itsa.gov.au

Victoria

Level 10, Melbourne Central 360 Elizabeth Street MELBOURNE VIC 3000

Tel: 1300 364 785

Fax: (03) 9272 4900

email: itsa.melbourne@itsa.gov.au

Western Australia

GPO Box H536 PERTH WA 6841

Level 12, Durack Centre 263 Adelaide Terrace PERTH WA 6000

Tel: 1300 364 785

Fax: (08) 9268 1298

email: itsa.perth@itsa.gov.au

More information pamphlets are available.

See the website or contact ITSA for a complete list.

Debts & Creditors: What happens to them if I go bankrupt?

Debts & Creditors: What happens to them if I go bankrupt?

The provider of this information is Insolvency & Trustee Services Ausralia.


lgo676.jpg





DEBTS & CREDITORS: WHAT HAPPENS TO THEM IF I GO BANKRUPT?

Reproduced by express permission form the Commonwealth Government, Insolvency and Trustee Services Australia.

June 2004 Edition

How will bankruptcy affect my debts?

A debt is money that you owe to a creditor. Once you are bankrupt, creditors with debts included in bankruptcy should stop contacting you.

You must include all your debts in your Statement of Affairs, including:

  • debts you owe jointly with someone else
  • any loans to you from friends and relatives.

Your bankruptcy will not affect a creditor's right to pursue another person, such as:

  • a person who is a guarantor for your debts
  • debts in joint names with another person (eg your wife or husband).

You are released from certain debts at the end of your bankruptcy (after discharge from bankruptcy). However. there may be some debts that you will still have to pay.

Debts you still have to pay during bankruptcy

1. Debts which are not provable in bankruptcy. Creditors of this type of debt cannot receive any money from your bankrupt estate but they can continue debt recovery action against you even during bankruptcy eg:

  • penalties and fines imposed by a court
  • damages from accidents (eg car accidents) unless, before bankruptcy, the sum of damages has been fixed by a court judgment or you have a written agreement with the other party
  • student assistance/supplement loans

2. Any new debts you run up on or after your date of bankruptcy.

Debts you still have to pay after your bankruptcy ends

Creditors of certain types of provable debt can both receive money from your bankrupt estate and continue debt recovery action against you after your bankruptcy ends eg:

  • child support debts
  • maintenance
  • accumulated HECS (Higher Education Contribution Scheme) debts owing when you became bankrupt, excluding any amount shown on a notice of assessment issued by the Australian Tax Office (ATO) before your bankruptcy - ask the ATO if you need more information
  • debts incurred by fraud.

Note: non-payment of essential services (electricity, water, telephone etc) and parking/traffic fines can cause difficulties. See Unsecured Creditors for further details.

Exempt assets are assets or property which cannot be sold in bankruptcy by the trustee

More information on assets is available in the pamphlet: Assets: What happens to my assets if I go bankrupt?

How will my creditors be affected?

Secured creditors

A secured creditor is a creditor who holds a security over your asset which entitles them to take and sell the asset if you fall behind in payments.

Examples of secured creditors include:

  • Banks with a mortgage over a house
  • Finance companies with a chattel mortgage, hire purchase, lease or bill of sale over a car, furniture or electrical goods
  • Creditors secured by government legislation over houses and land, such as council/shire rates and water rates.

If you become bankrupt, secured creditors will probably contact you to find out what you plan to do.

If you are in doubt about whether one of your creditors is secured, you should first ask the creditor. If you are still doubtful, ask a financial counsellor or your trustee.

  • If you wish to keep an exempt asset which is secured, you will need to keep paying for it or the creditor will take it back.
  • A secured creditor cannot take an asset back just because you are bankrupt.
  • Your trustee can sell a non –exempt asset if it is of value, even if you are paying it off (eg a house).
  • In some cases creditors retain ownership of items you have bought until their debt has been paid in full (eg retention of title, consignment, commission).
  • Creditors who hold a security deposit or bond (eg a landlord) are entitled to keep it to reduce your debt.
  • The ATO can keep your tax refund and offset it against any debt you owe to the ATO and/or other Commonwealth office (eg Child Support Agency, Centrelink).
  • If a secured creditor incurs a loss from the sale of the secured asset, they may claim the loss in your bankruptcy as an unsecured creditor.

Unsecured creditors

An unsecured creditor is a creditor who generally does not have the right to take back an item you bought but have not paid for.

Examples may include:

  • banks, finance companies and credit unions for person loans, credit cards and store cards
  • telephone and internet providers
  • tradespeople such as builders and electricians
  • professionals such as doctors and lawyers.

If you become bankrupt, any legal action by unsecured creditors against you, such as a summons, garnishee (a compulsory deduction from your income or bank account) or recovery action by a sheriff or bailiff, must stop.

If any unsecured creditors demand that you pay their debt, you should immediately tell your trustee who should inform the creditor of the terms of your bankruptcy. If you are being harassed or coerced about debts you may have rights under the Trade Practices Act. For further information visit the Australian Competition and Consumer Commission website www.accc.gov.au or call the Infocentre 1300 302 502.

Providers of essential services (eg electricity, gas, telephone, water) to your home may disconnect the service if you do not pay your current account or pay a security deposit/bond. If you later move to another home and still owe them money, you may be required to pay an increased deposit/bond to obtain the service.

In most States, if you do not pay debts for parking, traffic and other infringements of State laws, your driver’s licence and/or your motor vehicle registration may be suspended until payment is made. Bankruptcy does not stop such suspensions.

Debts and creditors can be difficult to sort out. Talk to a financial counsellor or ITSA if you are unsure about what type of debts or creditors you have. ITSA offices can provide you with a list of advisers (see rear cover or www.itsa,gov.au)

Where to contact us

Telephone 1300 364 785

ITSA website wwwitsa.gov.au

ITSA Offices

ACT

Level 2, NFF House, 14-16 Brisbane Avenue BARTON ACT 2600

Tel: 1300 364 785

Fax: (02) 6270 3608

email: itsa.canberra@itsa.gov.au

New South Wales

GPO Box 548 SYDNEY NSW 2001 Level 8, 135 King Street SYDNEY NSW 2000

Tel: 1300 364 785

Fax: (02) 8233 7891

email: itsa.sydney@itsa.gov.au

Queensland

Brisbane

PO Box 10443 Adelaide Street BRISBANE QLD 4001

Level 16, 340 Adelaide Street BRISBANE OLD 4000

Tel: 1300 364 785

Fax: (07) 3360 5466

email: itsa.brisbane@itsa.gov.au

Townsville

PO Box 1527 TOWNSVILLE QLD 4810 Level 1,

National Australia Bank Building 315 Ross River Road AITKENVALE OLD 4814

Tel: 1300 364 785

Fax: (07) 4727 0500

email: itsa.townsviIIe-0itsa.gov.au

South Australia/Northern Territory

GPO Box 2604 ADELAIDE SA 5001

Level 18, Grenfell Centre 25 Grenfell Street ADELAIDE SA 5000

Tel: 1300 364 785

Fax: (08) 8112 4305

email: itsa.adelaide@itsa.gov.au

Tasmania

GPO Box 850 HOBART TAS 7001

Level 4, ANZ Centre 22-26 Elizabeth Street HOBART TAS 7000

Tel: 1300 364 785

Fax: (03) 6221 7700

email: itsa.hobart@itsa.gov.au

Victoria

Level 10, Melbourne Central 360 Elizabeth Street MELBOURNE VIC 3000

Tel: 1300 364 785

Fax: (03) 9272 4900

email: itsa.melbourne@itsa.gov.au

Western Australia

GPO Box H536 PERTH WA 6841

Level 12, Durack Centre 263 Adelaide Terrace PERTH WA 6000

Tel: 1300 364 785

Fax: (08) 9268 1298

email: itsa.perth@itsa.gov.au

More information pamphlets are available.

See the website or contact ITSA for a complete list.