You delivered the work. The client approved it (or used it). The invoice has been outstanding for weeks. They’ve stopped replying to emails. Calls go to voicemail. You’re staring at unpaid work and wondering if there’s anything you can actually do as a sole-trader freelancer.
There is. The legal position for freelancers chasing unpaid invoices in Australia is well-defined. The trick is using it properly.
Why freelance debts are harder to chase
- You’re a small operator. Clients sometimes assume you don’t have the resources or knowledge to escalate
- Often no formal contract. Many freelance jobs are done on email-thread agreements or simple proposals
- Personal relationships. Most freelance work comes through networks, so confrontation feels career-damaging
- Modest amounts. Individual invoices are often $500–$5,000, which feels too small to “make a fuss”
Each of these works in the client’s favour — until you send a Letter of Demand.
The legal basis
Even without a formal contract, an enforceable agreement exists when there’s been:
- An offer (your proposal or quote)
- Acceptance (their email saying “go ahead”, or use of the work)
- Consideration (the agreed price)
- Intention to create legal relations (assumed in commercial contexts)
Email threads, Slack messages, Trello card assignments, and even verbal agreements followed by emailed deliverables can all constitute the contract. The unpaid invoice is the breach.
The Letter of Demand
For freelance debts, a Letter of Demand:
- References the engagement (date, scope, agreed price, evidence of acceptance)
- States the unpaid invoice details
- Notes any prior reminders sent
- Cites the underlying contract law principles
- Sets a clear deadline (typically 14 days)
- Names the next step — your state’s tribunal for amounts up to $25,000–$100,000
The Letter of Demand is the moment a “ghosting client” remembers you exist. About 70% of freelance debts get paid within a week of a formal demand letter going out.
What about the relationship?
A common freelancer fear: “If I send a demand letter, they’ll never hire me again.” Two things to consider:
- A client who ghosts on an invoice has already ended the relationship. They just haven’t told you.
- A client who pays only when chased formally is not a client worth keeping. You’re financing their cash-flow problem.
The freelancers who consistently get paid are the ones who treat unpaid invoices as a business problem to solve, not a personal slight to absorb.
Flat fee
Claim Done’s Letter of Demand for freelancers is $79. The wizard asks about the engagement, the work delivered, the invoice details, and prior communication. The AI drafts a professional letter on letterhead and sends it to the client on your behalf.
If the client still doesn’t pay, the next step is a Final Demand ($79) and then a tribunal application ($79). Most matters resolve at the demand-letter stage.