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Polite Demand Letter for Australia

Polite Demand Letter Template for Australia

A Polite Demand Letter is a formal written communication used in Australian jurisdictions to request payment of an outstanding debt or obligation. The document serves as a professional and legally-compliant first step in the debt recovery process, adhering to Australian Consumer Law and debt collection guidelines. It includes specific details about the debt, payment terms, and deadline for response, while maintaining a professional and non-threatening tone. The letter typically precedes any legal action and can serve as evidence of attempted resolution in future legal proceedings if necessary.

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Polite Demand Letter

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What is a Polite Demand Letter?

The Polite Demand Letter is a crucial document in Australian business practice, used when a party needs to formally request payment of an overdue amount while maintaining professional relationships. This document type is particularly relevant in situations where informal reminders have been unsuccessful, but before escalating to legal proceedings. It must comply with Australian Consumer Law, ACCC and ASIC debt collection guidelines, and relevant state/territory regulations. The letter typically includes details of the debt, payment history, due dates, and clear payment instructions while maintaining a constructive and professional tone. It serves both as a formal payment request and potential evidence of attempted resolution if legal action becomes necessary. The document is designed to balance the creditor's right to payment with consumer protection requirements and fair debt collection practices under Australian law.

What sections should be included in a Polite Demand Letter?

1. Recipient Details: Full name and address of the debtor, including any relevant business details or ABN if applicable

2. Date: Current date of the letter

3. Reference Line: Clear subject line indicating this is regarding an outstanding payment

4. Debt Details: Specific amount owed, original due date, and nature of the debt

5. Payment History: Brief overview of any previous payments made or payment attempts

6. Legal Basis: Reference to the underlying agreement or basis for the debt

7. Payment Request: Clear statement of the amount required and payment deadline

8. Payment Instructions: Detailed information on how payment can be made

9. Closing Statement: Professional closing with clear next steps and consequences of non-payment

10. Sender Details: Full contact information of the creditor or their representative

What sections are optional to include in a Polite Demand Letter?

1. Previous Correspondence Reference: Include when there has been prior communication about the debt

2. Interest Calculations: Include when claiming interest on the outstanding amount

3. Payment Plan Options: Include when willing to offer flexible payment arrangements

4. Dispute Resolution Process: Include when there might be disputed elements of the debt

5. Without Prejudice Save as to Costs: Include when the letter contains settlement offers or negotiations

What schedules should be included in a Polite Demand Letter?

1. Statement of Account: Detailed breakdown of the debt, including original amount, any interest, and payments made

2. Copy of Original Agreement: Copy of the contract or agreement that gave rise to the debt

3. Payment History Log: Detailed record of all previous payments and attempts to collect

4. Supporting Documentation: Any relevant invoices, delivery receipts, or other evidence supporting the debt claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Demand Letter

Sector

Cost

Free to use
Relevant legal definitions




















Clauses
















Relevant Industries

Retail

Professional Services

Construction

Manufacturing

Healthcare

Education

Technology

Financial Services

Real Estate

Hospitality

Consulting

Wholesale Trade

Transport and Logistics

Agricultural

Legal Services

Relevant Teams

Accounts Receivable

Finance

Legal

Operations

Credit Control

Collections

Administration

Risk Management

Compliance

Customer Relations

Relevant Roles

Accounts Receivable Manager

Credit Controller

Financial Controller

Chief Financial Officer

Business Owner

Office Manager

Collections Specialist

Finance Manager

Accounts Manager

Legal Counsel

Company Secretary

Business Development Manager

Practice Manager

Operations Manager

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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