This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Legislation relating to debt and prisoners

Legislation relating to debt and prisoners.

Australian Consumer Law and Fair Trading Act 2012 (Vic)

This Act protects consumers by regulating trade practices and providing codes of practices that businesses must comply with. It also sets out the powers and functions of Consumer Affairs Victoria. This Act repeals the Fair Trading Act 1999 (Vic).

See Australian Consumer Law and Fair Trading Act 2012 (Vic) (opens in a new window).

Privacy Act 1988 (Cth)

This Commonwealth Act makes provision to protect the privacy of individuals and outlines information privacy principles.

See Privacy Act 1988 (Cth)(opens in a new window).

Judgment Debt Recovery Act 1984 (Vic)

This act sets out the way that judgment debts may be repaid by instalments. A judgment debt is one that has been proven by a court and deemed payable.

See Judgment Debt Recovery Act 1984 (Vic)(opens in a new window).

National Consumer Credit Protection Act 2009 (Cth)

This Act sets up a national licensing system for credit providers and brokers. It establishes the Unified Consumer Credit code and gives the Australian Securities and Investments Commission power to investigate suspected breaches, issue fines and enforce contraventions of the law.

See National Consumer Credit Protection Act 2009 (Cth)(opens in a new window).

See also National Consumer Credit Protection Act 2009 (Cth)—Schedule 1—National Credit Code(opens in a new window).

Supreme Court Act 1986 (Vic)

This Act sets out the law that applies and relates to the Supreme Court of Victoria. This includes:

  • stating where supreme court hearings can take place
  • the jurisdiction of the court
  • the obligation of Judges to wear robes
  • the need for judicial professional development
  • rules that are to apply such as that a trial judge can’t hear an appeal against their own decision.

See Supreme Court Act 1986 (Vic)(opens in a new window).

Magistrates' Court General Civil Procedure Rules 2010

These Rules set out the process for appearing in the Magistrates’ Court in civil proceedings. For example they explain:

  • how documents must be served
  • time limits
  • how cases are to be managed
  • what information needs to be included in forms
  • how court documents are to be set out.

They also list of prescribed forms.

See Magistrates' Court General Civil Procedure Rules 2010 (Vic)(opens in a new window).

Bankruptcy Act 1966 (Cth)

This Act governs the law of bankruptcy in Australia.

See Bankruptcy Act 1966 (Cth)(opens in a new window) .

Bankruptcy Regulations 2021 (Cth)

These regulations set out the procedures that must be followed when filing a a petition for bankruptcy applying for a bankruptcy notice. It also lists the property of a bankrupt person that is not available for sale and distribution to creditors.

See Bankruptcy Regulations 2021 (Cth)(opens in a new window).

Federal Circuit Court (Bankruptcy) Rules 2016 (Cth)

These rules are to be followed in bankruptcy proceedings in the Federal Circuit Court. The rules explain the procedures that must be followed for creditor and debtor petitions.

See Federal Circuit Court (Bankruptcy) Rules 2016 (Cth).

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