The Federation Press

Consumer Debt Recovery Law

Overview

This book examines the law and practice of debt recovery from consumers in Australia. It is the second edition of Australian Debt Recovery Law which was published in 1990.

The new edition is updated to meet changes to the law in the past decade, but more than that it now has three authors from three quite different backgrounds.

The academic author of the first edition, Bruce Kercher has been joined by one of Australia’s leading financial counsellors, Betty Weule and by the principal solicitor of the Wesley Legal Centre (which concentrates on consumer credit issues), Richard Brading.

It is stronger in its focus on the actual practice of debt recovery law, while retaining its statement of the law and its historical analysis and arguments for legal change. An early chapter considers debt recovery outside the courts, including an analysis of the law governing the constant problem of harassment. It then moves through the various stages of obtaining judgments, presenting defences and enforcement of judgments. The book concludes with a new chapter on bankruptcy law. The principal aim is to present the law concisely, accurately and with as little legal jargon as possible, while also showing how the law is used as a tool of bargaining and threats.

Reviews

The strength of Consumer Debt Recovery Law is the comprehensive way it deals with all aspects of debt collection. The authors are experienced and ... give the reader their legal and financial counselling experience. ...
This edition has been ‘beefed up’ by the use of more material from the less populated States. ... In all there are 11 chapters including an additional chapter on bankruptcy. ... Despite additional material, the book remains a concise statement of the law.
Its usefulness will be as a quick reference for those in practice ... Even the specialist practitioner may benefit from the scholarship of the authors.
Consumer Debt Recovery Law will be a necessary purchase for all who have the 1st edition. Those who are new to the book should feel satisfied that their purchase will provide ready access to debt collection law. It would be a particularly good purchase for a new legal practitioner. - Alternative Law Journal , Vol 29 No 2, April 2004

The book is practically designed. Points of law are clearly spelt out and practical examples and advice are given to illustrate the issue discussed. This is a concise summary of the relevant law. The text also provides valuable practical guidance to those seeking to deal with laws that govern debt recovery. - Proctor (Queensland Law Society), October 2002

This book was first written and published by Bruce Kercher, a Professor at Macquarie Law School, in 1990. In this second edition, the original author is joined by Richard Brading, principal solicitor of the Wesley Community Legal Service and Betty Weule, a former manager of Credit Line Counselling Services, who draw on their practical experience in the area.
The book’s 11 chapters cover such matters as debt recovery outside the courts, court remedies before judgment, obtaining judgment, defences and actions against the creditor, and enforcement of judgments including jail, insolvency and bankruptcy.
...
This is a must-have book for the general business reader, and it will also be of use to practising and academic lawyers in the area with its several lines of footnotes on most pages to statutes, cases and legal literature from all Australian jurisdictions. - Law Institute Journal (Victoria), September 2003

Here’s proof that good things come in small packages. At barely 160 A5 pages long, what this book lacks in volume it makes up in content. It’s ideal as a quick and easy guide to debt recovery law.
Written in a thoroughly professional manner, the language used is simple, everyday English that immediately widens the book’s appeal to the typical layperson. It describes clearly the present law, as it exists in Australia (particularly in NSW and Victoria), with plenty of examples to boot.
With a strange mixture of academic, lawyer and finance counsellors as writers, the book oscillates between detailed descriptions of remedies and strategies to the court system amd the enforcement of judgments. The book doesn’t pull any punches - it’s hard to recover debts (especially small ones) but it provides a few ideas on how to get your money without fuss and more importantly, without huge bills. - My Business, July 2002

[T]he second edition of this practical handbook has just been released. ... The material is set out in an intelligent, logical fashion and is easy to read and refer to. - Sharkwatch, June 2002

Table of Contents

Introduction
Debt recovery outside the courts
Defences and actions against the creditor
Court remedies before judgment
Obtaining judgment
Defences and actions against the creditor
Enforcement of judgments: general principles
Enforcement of judgments: examination hearings and instalment orders
Enforcement of judgments: remedies against property
Enforcement of judgments: imprisonment
Insolvency and inability to pay
Bankruptcy: the new debt collection tool
References
Index

Of interest...