What to do if you don’t receive your payment? Step by step what to do in Australia 2024

Unfortunately, this happens in Australia a lot. More often if you are an immigrant with temporary visas. Yes, apologies for being honest. Sometimes social media is full of hype about coming to Australia and becoming rich in 2 months. 

More likely, you will not earn enouth to have savings (9.4M Australians have less than $1000 in savings in their bank account- Read the full article) and could happen that one your bosses forget to transfer you the money. 

HEY YAKKA, what’s going on? You are a Hire labour company using top-notch technology. Why can’t you avoid it? …. mmm no we can’t avoid cunts. And there are a lot of little mother fu**rs who mess with labourers. This has been happening outside the app for ages and just to clarify Yakka cannot get involved between parties. However, the labourer may take appropriate legal action if necessary, and the builder’s reputation may be affected on the platform. 

One good thing about use our app is that everything is recorded and when you finish your work you got an invoice generated. That invoice is mandatory to get paid. Anyway, we made a bit of research in case that the labour havent received their payments.

In the goverment page said: 

1- “Send a reminder via email or sms”. 

Here is an example:

To:  (Insert recipient email -generally accounts payable- here)
CC:  (insert other relevant emails (e.g. Business Director or owner) here)
Subject:  Invoice Payment Reminder – IMPORTANT

Dear (insert accounts payable name)

Note: it is best if you use their name as it makes it more personal.

This is a friendly reminder that the following invoice is now 7 days overdue:

Invoice Date: (insert date of original invoice) 

Invoice No: (insert invoice number) 

Invoice Amount: (insert invoice amount)

We understand that oversights happen but would appreciate prompt payment of this amount. Could you please let me know when I can expect payment? If payment has already been made please disregard this email.

Thanks in advance for your cooperation.

Best regards,
(Insert Name)

(insert position title) 

If this dont help, continue with the second step

2- Check and send your letter of demand

Example

Letter of demand

Select date

[your business name]

[your ABN or ACN]

[business address]

[contact details]

[other party’s name]

[other party’s address]

Dear [name],

I am writing in relation to the amount of $[enter amount ‘including GST’]. According to my records this was due to be paid by you on select date and remains outstanding. My requests for payment are listed below.

The amount relates to [describe services] provided to you at your request, on select date.

Please find enclosed a dated copy of the invoice and note that it specifies [describe payment terms and instructions]. I have also enclosed the following documents:

1.  [name of document]

2.  [name of document]

[List and enclose previous requests for payment and any other relevant documents that support your claim for the amount owing.]

Please be advised that I demand payment of the invoiced amount plus an amount of $[amount] for late payment interest as agreed in our contract dated on select date within seven days of the date of this letter.

Payment should be made by [describe how you’d like to be paid, including any bank details].

If payment is not received within seven days of the date of this letter I reserve the right to take further action to recover the money without further notice to you.

Yours sincerely,

[signature]

[your name and title]

—-

When preparing your letter of demand, check the following:

Have you have already tried friendlier means to recover the debt, such as a polite phone call or late payment reminder letters?

Does it include precisely accurate information? Could anyone say that something in the letter is false or misleading?

Does it include a late payment interest rate? (Only include this if it was specified in the contract.)

Does it inform the other party of any action you’re not willing to take? (You should only mention action that you’re prepared to take.)

Is it polite and respectful?

Have you signed and dated it?

Have you attached copies of all relevant supporting documentation? (For example, a contract, invoice, first and second late payment reminder letters and any relevant emails, faxes or letters.)

Have you kept a copy of the original documents and the signed letter of demand?

Important: Make sure you send the letter by registered post and that you request a ‘signed proof of delivery’ card. Keep this card in case you need it as evidence in court later.

3- Get help with the dispute Resolution

If other methods haven’t worked you may need to get help to resolve the issue.

  1. The Australian Small Business and Family Enterprise Ombudsman website provides:
  2. Mediation is a common form of dispute resolution where you and your customer work with a mediator to reach an agreement. You can find a nationally accredited mediator on the Mediator Standards Board website.
  3. For consumers and small businesses dispute resolution for financial complaints, go to the Australian Financial Complaints Authority (AFCA) website.
  4. If you’re still unable to reach an agreement, lodge a complaint through your state or territory’s Fair Trading agency. They can act as an informal negotiator.

4- Use a debt collection agency.

 
If you can’t recover the debt after friendly reminders, informal negotiations and a letter of demand, you might decide to engage a debt collection service.
 
 
If nothing else has worked, you might want to take legal action. Depending on the amount of money involved, you can either get legal advice or lodge a claim with a small claims tribunal.
 

5-Going to court

There are services in each state and territory that can refer you to appropriate lawyers or law firms. Some states and territories also have free or subsidised initial advice services.

Find out where to get legal assistance on the ASBFEO website.

Going to court over a contracting dispute can give you a definite outcome. But court can be costly, stressful and time-consuming. Find out what’s involved when you go to court over a dispute.

Where can you get further help?

If you need further assistance with your dispute, the Australian Small Business and Family Enterprise Ombudsman may be able to help with your matter. You can contact us by submitting an online form, and a case management officer will be in contact with you shortly.

You can also contact them on:

Phone: 1300 650 460 (please advise that our Dispute Support tool directed you to contact our office)

Email: info@asbfeo.gov.au

If you still need help, complete an online form. Before completing this form, please refer to the Assistance Charter that outlines our rights, obligations and explains what we can both expect in our dealings with each other.

Disclaimer:

This tool is provided for your convenience only. It is not a substitute for professional advice and does not purport to represent all the options that may be available to you in the event of a dispute. You should seek independent professional advice about these and any other options that may be available to you.

The Australian Small Business and Family Enterprise Ombudsman and the Commonwealth do not endorse any of the dispute resolution providers referred to in this tool, or warrant the quality of their services. Similarly, the fact that a dispute resolution provider is not referred to in this tool does not necessarily imply any non-endorsement or criticism of that provider.

Links to other web sites are inserted for convenience only. Neither the Australian Small Business and Family Enterprise Ombudsman nor the Commonwealth warrants the accuracy of any material contained in those sites. See also www.asbfeo.gov.au/disclaimer



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