I'm going to court over a debt
If a debt dispute is heading to a court or tribunal hearing, preparation matters. Knowing what to bring, what to expect, and where to get help can make a stressful day far more manageable.
This guide helps you
- Understand what a court or tribunal hearing involves
- Know how to prepare your documents and points
- See the value of advice and duty lawyers
- Learn what to do on the day
- Find free help to get ready
7 min
What's happening
When a debt matter goes to a court or tribunal, a decision-maker will hear both sides and decide the outcome. Depending on the venue and stage, there may be preliminary steps, a chance to settle, and then a hearing. Tribunals are often less formal than courts, but both follow rules and timetables that vary by state and territory.
Don't ignore it
Hearing dates and procedural deadlines are not optional — missing them can mean a decision is made without you, similar to a default judgment. Engaging with the process, filing what is required, and turning up prepared all protect your position. If you cannot attend on a date, tell the court early and get advice rather than simply not appearing.
Step by step
- Read all orders and notices so you know the date, venue and what is expected.
- Gather your documents — contracts, statements, letters, payment records — and organise them clearly.
- Write down the key points you want to make.
- Get legal advice before the hearing, and ask if a duty lawyer is available on the day.
- Arrive early, dress neatly, and stay calm and respectful.
Procedures, forms and what each venue expects vary by court and tribunal — check the specific directions in your case or get advice rather than assuming.
Get legal help
You do not have to face a hearing without support. Legal Aid and community legal centres can advise and sometimes represent you, and many courts have a duty lawyer who can help on the day. A financial counsellor on 1800 007 007 can help with the underlying debt and any settlement discussions.
Find courts, tribunals and legal-help services in the bodies directory.
Where to get free help
Contact Legal Aid or a community legal centre to prepare, and the National Debt Helpline on 1800 007 007 for the financial side. Preparation tips are at help.merion.com.au.
This is general information only and is not legal advice. Get advice tailored to your case before any hearing.
Key takeaways
- Both sides are heard at a court or tribunal before a decision.
- Missing dates can mean a decision is made without you.
- Prepare documents and key points, and get advice beforehand.
- Ask whether a duty lawyer is available on the day.
Frequently asked questions
Is a tribunal as formal as a court?
Tribunals are often less formal, but they still have rules and timetables. Prepare just as carefully and get advice on the specific process.
What should I bring?
Bring all relevant documents — contracts, statements, letters and payment records — organised so you can find them quickly. A lawyer can help you prepare.
What if I can't attend on the date?
Tell the court early and get advice. Simply not appearing risks a decision being made against you in your absence.
This is general information, not legal or financial advice. Your situation is unique and rules can vary by state and over time — for advice on your circumstances, speak to a free financial counsellor (National Debt Helpline 1800 007 007) or get legal help.
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