International collections
Collect a Debt from a Company in Australia
Updated 2026-10-24
To collect from an Australian company, start with amicable collection through an Australian partner who confirms the company through ASIC and ABN records, sends a formal demand and negotiates with the directors or accounts team. Many debtors pay at this stage. If not, an Australian lawyer can sue in the relevant state or territory, or bring a common-law action on an existing U.S. judgment. Confirm options with local counsel.
| Language | English |
|---|---|
| Currency | Australian dollar (AUD) |
| Legal system | Common law, with federal, state and territory courts |
| Enforcing a U.S. judgment | The U.S. is not covered by the statutory registration scheme; a common-law action on the judgment is generally required |
| Company records | ASIC company register (ACN) and the Australian Business Register (ABN) |
| Typical amicable timeline | Often 30 to 90 days |
Collecting in Australia
Australia is a familiar environment for U.S. creditors: English-speaking, common law and used to international trade. The main challenges are distance and time zones. Sydney is 14 to 16 hours ahead of U.S. Eastern time depending on the season, so a debtor can easily ignore emails sent from the United States in the middle of the Australian night. A local partner who calls during Australian business hours changes that dynamic.
We start by matching your customer to its registered company. Australian companies have an Australian Company Number (ACN) with ASIC and usually an Australian Business Number (ABN). Trading names often differ from the legal name, and the ABN record helps link the two. We also check ASIC notices for external administration, receivership or liquidation.
How an Australian file runs
- Confirm the ACN, ABN, registered office and current directors
- Check for voluntary administration, receivership or liquidation notices
- Send a formal letter of demand through an Australian partner
- Follow up by phone and email during Australian business hours
- Negotiate payment in full or a written plan for your approval
- Recommend legal action, with costs, only when the debtor can pay
Legal options in Australia
If the debtor will not pay, an Australian lawyer can file a claim in the court of the state or territory where the debtor is located. Each jurisdiction has courts for smaller claims and higher courts for larger ones, with different monetary limits and procedures.
Australian law also allows a creditor to serve a statutory demand on a company for an undisputed debt above a minimum amount. If the company does not pay or apply to set the demand aside within the time allowed, it may be presumed insolvent, which can support a winding-up application. This is a serious step that only suits clear, undisputed debts, and a lawyer should advise before it is used.
For U.S. judgments, Australia has a statutory registration scheme for judgments from listed countries, but the United States is not on that list. A U.S. creditor generally has to bring a new common-law action on the judgment in an Australian court. The court will usually enforce a final money judgment if the U.S. court had jurisdiction under Australian conflict-of-laws principles, often meaning the debtor was present in that U.S. jurisdiction or submitted to it. Defenses such as fraud, natural justice and public policy remain available. Australian counsel should confirm whether your judgment qualifies.
Documents that help
- Signed contract, credit application or accepted terms of trade
- Invoices showing the amount, currency and due date
- Proof of delivery or completed services
- Emails acknowledging the debt or showing no dispute
- Any director guarantee signed by an owner
- Any U.S. judgment, with evidence of service and the debtor's connection to that U.S. court
Security interests and retention of title
If you supply goods to Australian customers on credit, your retention of title clause may need to be registered on the Personal Property Securities Register to be effective against administrators or liquidators. A clause that was not registered can leave you as an unsecured creditor if the debtor fails. This is worth reviewing with Australian counsel for future sales, even if it is too late for the current account.
Frequently asked questions
Can I register a U.S. judgment in Australia?
No. The United States is not covered by Australia's statutory registration scheme, so a U.S. creditor generally brings a common-law action on the judgment. Whether it succeeds depends largely on whether the U.S. court had jurisdiction under Australian rules. Ask Australian counsel.
What is a statutory demand?
It is a formal demand to a company for an undisputed debt above a minimum amount. If it is not paid or challenged in time, the company may be presumed insolvent. It is a powerful step and should only be used with legal advice.
How do you handle the time difference?
Our Australian partners contact debtors during local business hours and update your file overnight, so you see progress at the start of your U.S. working day.
What does it cost?
Amicable collection is billed on contingency, so you pay a percentage of what is recovered and nothing if nothing is recovered. Legal costs are quoted in advance and require your approval.