Credit Repair
A credit file should record what is accurate — and nothing more.
Harvard Legal assists individuals and businesses in improving their credit profiles and resolving judgment-related issues within New South Wales. Our work concerns credit reporting, court judgments and debt recovery, with a focus on restoring and maintaining a client's financial reputation.
Credit repair involves disputing and, where appropriate, removing inaccurate, outdated or adverse entries from a credit report. A sound credit profile is important to accessing loans, mortgages and credit on favourable terms.
The legal framework
- Privacy Act 1988 (Cth)
- Governs the collection, use and disclosure of personal information and plays a pivotal role in credit reporting through the Australian Privacy Principles. APP 10 requires the quality of personal information to be maintained and APPs 12 and 13 provide rights of access and correction.
- Credit Reporting Privacy Code 2014
- Operating under the Privacy Act, the code sets standards for credit reporting bodies and credit providers, including the handling of credit information such as judgments, defaults and bankruptcy details.
- National Credit Code
- Part of the National Consumer Credit Protection Act 2009 (Cth), the code regulates credit contracts and responsible lending, and restricts the reporting of certain adverse information.
- Civil Procedure Act 2005 (NSW) and Sheriff Act 1900 (NSW)
- Provide the procedural framework for civil litigation in NSW and authorise enforcement action against judgment debtors.
Addressing court judgments in NSW
Enforcement is also subject to limitation. Generally a judgment remains enforceable for twelve years from the date of judgment unless renewed, and judgment creditors may apply for renewal before expiry. Court judgments are classified as adverse credit information and reported by credit bureaus for up to five years from the date of entry unless satisfied or set aside.
- Setting aside a judgment: where a judgment was obtained without proper notice or through fraud, an application may be made to set it aside.
- Certificate of satisfaction: once a judgment debt is paid, the court may record the judgment as satisfied, which is then reflected on the credit report.
- Variations and amendments: courts may amend a judgment where a clerical error or misrepresentation is identified.
Our approach
- Assessment of credit reports to identify adverse entries.
- Challenging inaccurate or outdated judgments and defaults by reference to the applicable legislation and code.
- Negotiating with creditors and the court to settle debts, record satisfaction or seek removal.
- Filing applications to set aside judgments where procedural irregularities or errors exist.
- Ensuring all steps comply with NSW and federal law, with documented advice at each stage.
Frequently asked questions
How long does a court judgment remain on a credit file?
Court judgments are treated as adverse credit information and may be reported by credit bureaus for up to five years from the date of entry unless the judgment is satisfied or set aside.
Can every default be removed?
No. Accurate listings that comply with the applicable requirements generally remain. Our work concerns entries that are inaccurate, outdated or recorded without compliance with the Privacy Act 1988 (Cth) and the Credit Reporting Privacy Code 2014, and judgments that may be set aside, amended or recorded as satisfied.
Discuss your matter with Harvard Legal.
We will explain your options, the process ahead and how we can assist.