Debt Review Guide

A practical guide to the legal side of debt review.

This guide is designed to help consumers and debt counsellors understand what information an attorney needs, where court procedure begins, and why an existing order changes the conversation.

Before you instruct

Five things to identify first.

01

Who is instructing?

Consumer, debt counsellor, creditor-side stakeholder or another party. The legal file starts differently depending on the instruction.

02

What stage is the matter at?

Assessment, proposal, application drafting, issued matter, set-down, existing order or post-order problem.

03

Does an order already exist?

If yes, the order itself and the forum that issued it become central to the legal assessment.

04

Is there a date?

Hearings, notices, deadlines and service dates can make timing legally important. Mention them in the first enquiry.

05

What documents already exist?

Proposal, affidavits, notices, case number, order or tribunal record. You do not need to upload sensitive documents through this website.

06

What outcome are you asking about?

Explain the problem in plain language. NVD can then identify the legal question instead of assuming a remedy.

Frequently asked

Debt-review legal questions

What does the debt counsellor do, and what does the attorney do?

A debt counsellor assesses the consumer’s financial position and makes debt-rearrangement recommendations under the National Credit Act. An attorney handles legal work such as preparing an application, affidavits, service/filing, court process and appearance. The exact division depends on the matter.

Why does the court venue matter?

Legal process is tied to jurisdiction, filing practice and the forum hearing the matter. If a venue is already known, include it in the instruction.

Why is an existing order so important?

Once an order exists, changing the position is not the same as starting a fresh application. The legal route depends on the type of order, forum, grounds and relief legally available.

Can I send all my financial documents through the website?

No. The website enquiry intentionally does not provide file uploads. First make contact and confirm a suitable method for sending any sensitive legal or financial documents.

Does sending an email create an attorney-client relationship?

No. An attorney-client relationship only arises once the firm has accepted the instruction and any required engagement terms have been agreed.

Can NVD guarantee an order?

No. Legal representatives can prepare and present a case; the decision remains with the relevant court or tribunal.

Still unsure what category your matter fits?

Use the enquiry builder. You can choose “Other legal enquiry” and describe the current problem without sending sensitive documents.