Put recovery on hold when the debtor lodges an external dispute complaint
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the AFCA notice of complaint and the matter file, list every pending or scheduled step the complaint catches: proceedings not yet begun, judgment or other steps in existing proceedings, enforcement of any judgment, steps to protect secured assets, any planned assignment of the debt and any default listing. Flag each limitation date that may need AFCA’s consent to issue protectively, and draft the hold instruction to the client and the request to AFCA for consent from the approved templates.
- What the lawyer must review
- The lawyer confirms the complaint is about the subject matter of the recovery, decides which steps must stop and which may continue only to the minimum extent needed to preserve the client’s rights, decides whether to seek AFCA’s consent to issue before a limitation date, and settles the instruction and the request.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the AFCA notice of complaint and the matter file, list every pending or scheduled step the complaint catches: proceedings not yet begun, judgment or other steps in existing proceedings, enforcement of any judgment, steps to protect secured assets, any planned assignment of the debt and any default listing. Flag each limitation date that may need AFCA’s consent to issue protectively, and draft the hold instruction to the client and the request to AFCA for consent from the approved templates. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the register covers default listings and any planned sale or assignment of the debt, not only court steps.
- Diarise every limitation date that falls while the complaint is open.
- Confirm the version of the AFCA Rules that applies to the complaint’s lodgement date.
Sources
- AFCA Complaint Resolution Scheme Rules (12 March 2026), rule A.7 Restrictions on Financial Firms during a complaint · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.