You spent 12 hours on your feet, another 40 editing, and delivered a gallery they cried over. Then the final invoice went out and… nothing. Or worse: “We’ve decided the photos aren’t quite what we expected, so we don’t think we should pay the rest.” Meanwhile, the images are all over their Instagram.
Wedding photographers get burned this way constantly. You don’t have to wear the loss.
The contract is on your side
If you had them sign a booking form or agreement, you’re in a strong position. Even if you didn’t, a quote accepted by email, a deposit paid and a wedding shot is a contract under Australian law. The balance is a debt, plain and simple.
“We don’t like them” is not a legal reason to withhold payment. Under the Australian Consumer Law, services must be provided with due care and skill and be fit for purpose. That’s an objective standard about competent professional work, not a subjective one about taste. If the gallery is of professional quality, you’ve met it.
Your secret weapon: copyright
Under the Copyright Act 1968, you own the copyright in wedding photos unless you’ve expressly agreed otherwise. Most photographers’ terms grant the couple a personal-use licence on full payment. If they haven’t paid, they’re using your images without a licence. Every Instagram post is an infringement. This is a powerful point to make in your Letter of Demand, and it tends to focus minds quickly.
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?
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Don’t withhold the gallery as your only tactic
If you’ve already delivered, that ship has sailed. If you haven’t, check your contract: withholding delivery until payment is usually permitted, but don’t destroy anything and don’t threaten to. Keep it professional.
The Letter of Demand
A formal Letter of Demand:
- Sets out the booking, the deposit, the wedding date and the delivery
- States the balance owing, the invoice date and the due date
- Notes the copyright position and that continued use without payment is infringement
- Gives a 14-day deadline
- Warns that a claim will be filed in the small claims tribunal or court (VCAT, QCAT, the Local Court in New South Wales or your state’s equivalent) with interest and costs
Couples fresh from a wedding are usually broke, stressed and hoping you’ll let it go. A letter that says you won’t gives them a deadline and a record.
What it’s costing you
A $2,000 unpaid balance is often a full week of your income. Every week you wait makes it harder to recover: memories fade, they move house, they stop answering. Act within 30 days of the due date.
Next step if they don’t pay
Lodge a small claims application. With a signed booking form, delivered gallery and their own social media posts as evidence, these cases are about as clear as tribunal matters get.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
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.