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Australia··7 min read

How to Dispute a Debt in Australia: Rights, Process and What Collectors Can and Can't Do

A guide to the debt dispute process in Australia — for debtors who believe a debt is wrong, and for creditors who want to understand how disputes are handled by compliant agencies.

In Australia, a debtor has the right to dispute a debt — and a debt collection agency has legal obligations in how it handles that dispute. This guide explains the dispute process from both sides: what debtors can do if they believe a debt is wrong, and what creditors should expect from a compliant collections agency when a dispute is raised.

Grounds for a legitimate debt dispute

A dispute is legitimate when the debtor believes one or more of the following:

  • The debt is not theirs — wrong person, identity theft, or an incorrect name match
  • The amount is wrong — payments have been made that aren't reflected in the balance
  • The debt is statute-barred — the limitation period has expired
  • The goods or services were not delivered as agreed — a contractual dispute
  • The debt has already been settled or written off
  • The creditor has applied interest or fees not agreed to in the original contract

How to raise a formal dispute

A dispute should be raised in writing — this creates a record and triggers the collector's formal obligations. The written dispute should include:

  • Your full name and the account or reference number
  • The specific grounds for the dispute (wrong amount, not your debt, already paid, etc.)
  • Any evidence you have (payment receipts, correspondence, bank statements)
  • A request for verification of the debt — the creditor is required to provide evidence of the debt's validity

What a debt collector must do when a dispute is raised

Under ASIC's Regulatory Guide 96, when a dispute is formally raised, the collection agency must:

  • Cease collection activity while the dispute is being investigated
  • Investigate the dispute and provide a response within a reasonable timeframe
  • Provide the debtor with evidence of the debt's validity if requested
  • Not list the account with a credit bureau while the dispute is unresolved
  • Refer the dispute to an external dispute resolution scheme (AFCA) if the debtor requests it

Where to escalate an unresolved dispute

If the collection agency fails to respond appropriately to a dispute, the debtor has several escalation options:

  • AFCA (Australian Financial Complaints Authority) — for financial services-related debts
  • ACCC (Australian Competition and Consumer Commission) — for misleading or deceptive conduct by the collector
  • ASIC (Australian Securities and Investments Commission) — for licence-related complaints about the collector
  • Fair Trading (state-based) — for consumer contract disputes
  • NCAT (NSW) — for disputes about the validity of the underlying debt

What creditors should know about dispute handling

A compliant collections agency places the account on hold when a dispute is raised and investigates before proceeding. This is actually in the creditor's interest — a well-documented dispute resolution creates a stronger position if legal action is eventually required, and demonstrates that the creditor followed the correct process.

Recovia's Resolve portal gives debtors a documented dispute pathway — online, mobile-first, with a formal investigation process and evidence upload. This reduces complaint rates and creates a clear audit trail for creditors. Contact us to learn more.

See how Recovia enforces this in practice.

Book 20 minutes with the team. We'll walk through the compliance and recovery features on a real account book.