You delivered the work. The invoice went out. The payment date passed. You followed up politely. Then again. Now the client has gone quiet, made excuses, or flat-out refused to pay.
Australian law gives you clear remedies. The key is knowing which step to take, when to take it, and how to document everything properly.
Why clients refuse to pay (and why it doesn’t matter)
Clients refuse to pay for all sorts of reasons:
- Cash flow problems in their own business
- Dispute over scope, quality, or completion
- Buyer’s remorse or change of priorities
- Genuine financial hardship
- Bad faith—they never intended to pay
If you delivered what was agreed, you are entitled to payment. Australian contract law does not require you to absorb someone else’s financial mismanagement.
Understanding why they’re refusing helps you choose the right approach. A client disputing quality needs a different response than a client who simply has no money.
Step 1: Confirm the basics before escalating
Before you send anything formal, make sure your position is solid.
Check your contract or agreement. Did you have written terms? What did you agree to deliver? What were the payment terms? If you’re working off a quote, email exchange, or verbal agreement, gather every piece of evidence that shows what was agreed.
Confirm delivery or completion. Do you have proof the work was done? Emails, photos, signed delivery dockets, timesheets, completion certificates—anything that shows you held up your end.
Check your invoice. Is it clear, accurate, and correctly addressed? Does it reference the agreement? Does it specify a due date? A poorly drafted invoice weakens your position.
Review any disputes. Has the client raised specific complaints about the work? If so, are they legitimate? If the complaint is baseless or exaggerated, document your response. If there is a genuine defect, you may need to remedy it before demanding full payment.
If everything checks out and the client still refuses to pay, it’s time to escalate.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Step 2: Send a letter of demand
A letter of demand is the first formal step in debt recovery. It is a written notice that:
- States the amount owed
- Explains the basis of the debt (the agreement, the work done, the invoice)
- Cites the applicable law
- Gives the debtor a deadline to pay (typically 7–14 days)
- Warns of legal action if payment is not received
It signals you are serious, creates a paper trail, and shows you understand your legal rights. Many clients who were “too busy” or “waiting on funds” suddenly find the money when a formal demand arrives.
The letter must be professional, factual, and legally grounded. It should not be emotional, threatening, or vague.
Claim Done generates a letter of demand based on the evidence you describe, cites the relevant Australian law, and delivers it by email. Flat fee, no subscription, done in about 5 minutes.
Step 3: Follow up with a final demand (if needed)
If the first letter gets no response, send a final demand. This is a shorter, sharper notice that makes it clear you are proceeding to the next step unless payment is received immediately.
The final demand should:
- Reference the original demand letter and the lack of response
- Restate the amount owed
- Give a final deadline (typically 7 days)
- Specify the next step (tribunal application, statutory demand, or court action)
This is your last attempt to resolve the matter without legal proceedings.
Step 4: Lodge a tribunal application
If the debt is under the tribunal limit in your state (typically $10,000–$25,000 depending on jurisdiction), the small claims tribunal is your next step. Tribunals are designed for disputes like this—low cost, no lawyers required, fast resolution.
What you need:
- Completed application form (varies by state)
- Copy of your contract, quote, or agreement
- Copy of your invoice
- Proof of delivery or completion
- Copies of your demand letters
- Any correspondence with the client
What happens: The tribunal will schedule a hearing. Both parties attend. You present your evidence. The client presents their defence (if they have one). The tribunal member makes a binding decision. If you win, you get an order for payment.
Enforcement: If the client still doesn’t pay after a tribunal order, you can enforce it through wage garnishment, bank account seizure, or property liens.
Claim Done prepares tribunal applications for all Australian states and territories. You tell us what evidence you have, answer a few questions, and our Programmatic Algorithms draft your application to match the tribunal form, plus a witness statement. You attach your own evidence.
Step 5: Consider a statutory demand (for company debtors)
If your client is a registered company (Pty Ltd or Ltd) and owes you $4,000 or more, you can serve a statutory demand under the Corporations Act.
A statutory demand gives the company 21 days to pay the debt or apply to set aside the demand. If they do neither, you can apply to wind up the company. This is the most aggressive debt recovery tool available in Australia, and it works.
Requirements:
- Debt must be at least $4,000
- Debtor must be a registered company (check ASIC register)
- Debt must be liquidated (a specific amount, not estimated damages)
- Debt must not be genuinely disputed
Claim Done prepares statutory demand documents with supporting affidavits for $97. The draft is ready in about 5 minutes for you to check, sign and serve yourself.
How to avoid this situation next time
Prevention is better than debt recovery. Here’s how to reduce the risk of non-payment:
Use written contracts. Even a simple email confirming scope, price, and payment terms is better than nothing. For larger jobs, use a formal service agreement.
Invoice promptly. Send the invoice as soon as the work is complete. The longer you wait, the harder it is to collect.
Set clear payment terms. Specify due dates, late fees, and consequences for non-payment in your contract.
Take deposits. For large projects, take 30–50% upfront. This reduces your exposure and filters out bad-faith clients.
Check creditworthiness. For new clients or large jobs, do a basic credit check or ask for references.
Follow up early. If a payment is one day late, send a polite reminder. If it’s a week late, call them. The earlier you act, the more likely you are to get paid.
How Claim Done helps with unpaid invoices
Claim Done’s Programmatic Algorithms handle the entire debt recovery process:
Letter of Demand: Tell us about your invoice and evidence. The system drafts a professionally formatted demand letter citing Australian contract law. The letter is sent by email. $49 flat fee.
Final Demand: If the first letter doesn’t work, generate a final demand in about 5 minutes. $49 flat fee.
Tribunal Application: Prepare your application for your state’s small claims tribunal. Tell us what evidence you have, answer a few questions, and the system drafts your application and a witness statement. You attach your own evidence and lodge the tribunal’s or court’s form yourself. State-specific pricing.
Statutory Demand: For company debtors owing $4,000+, Claim Done prepares the statutory demand and supporting affidavit template. $97 flat fee.
No subscription. No hourly billing. No lawyers required. Just fast, affordable, legally grounded documents that get results.
Ready to recover your unpaid invoice?
Start with a demand letter. If that doesn’t work, escalate to a final demand. If they still refuse, lodge a tribunal application or serve a statutory demand.
The key is to act quickly, document everything, and follow the process step by step. The longer you wait, the harder it becomes to recover the debt.
Claim Done can have your demand letter drafted in about 5 minutes, and sent once you approve it—tell us about your invoice and evidence to get started.
Frequently Asked Questions
Can I charge interest on an overdue invoice in Australia?
Yes, if your contract or invoice terms include a late payment clause specifying the interest rate. Without one, you can still ask the court for interest up to judgment, for example under s 100 of the Civil Procedure Act 2005 (NSW) for claims of $1,000 or more. Once you obtain a judgment, interest also runs on the judgment debt at the rate set by the court.
What if the client disputes the quality of my work?
If the dispute is genuine and relates to a material defect, you may need to remedy the issue before demanding full payment. If the complaint is baseless or exaggerated, document your position in writing and proceed with a demand letter. Tribunals assess whether the work met the agreed standard based on the evidence presented.
How long do I have to recover an unpaid invoice?
In most Australian states, you have six years from the date the debt became due to take legal action. This is the limitation period for contract debts. After six years, the debt may be statute-barred and unenforceable.
What happens if the client ignores my demand letter?
If the client does not respond or pay within the deadline, you escalate to the next step—either a final demand, a tribunal application, or (for company debtors) a statutory demand. Ignoring a demand letter does not make the debt go away; it strengthens your case for formal proceedings.
Can I take a client to court for an unpaid invoice under $1,000?
Yes, but it may not be cost-effective. Small claims tribunals have low filing fees and are designed for disputes of any value. For very small debts, consider whether the time and cost of pursuing the matter is worth the amount owed.
Need this document prepared for you?
Claim Done generates professional legal documents from your evidence in about 5 minutes. Flat fee. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.