Council Rate notice 问题

carmenmeow

Council Rate notice 问题

In the last two years, we request our council to post the rate notice to different address.
We didn't have much issue with that.
Until last Sept, we were away from adelaide to oversea for 4 weeks.

When we get back for a month.
We suddenly remember we should received the rate notice but how come we didn't have the notice or reminder at all.

On 14/11/15, I called to the council.
They said the council had post you a reminder notice and legal action notice to us.

Now we have to pay the 2% fine plus all the legal fee.
Council also lodge the claim to civil court.

We were shocked and wonder why we didn't received any of the notices and how come the council lodge the claim so quickly???
As we knew that outstanding payment was due on 1st Sept.

Only two months late!!!

We understand and accept council charged as 2% of fine.

We believe council shouldn't start the legal action so quickly.

We would like to get some advice from you. Do they / should they have regulation or procedure to follow when solving late payment issue. Any time frame before they use legal action or debt collector involved?

The hearing will be set for next week.

What information or evidence should we bring along to the hearing??

Many thanks

Irene

Dear Irene,
I suppose your Council Rate would be around $2,000. It is a small claim upon which no lawyer is required to attend the hearing. But you still can instruct a lawyer to issue a letter to the Council with a cc copy to the Court setting out your reasons why you were away from Australia and excuse of the delay of payment etc.
Different Councils have different rate recovery policies. Usually the Council Rate is due on 1 September each year. By the time you called the Council, the grace period has already expired.  Therefore, the Council issued court proceedings claim against you.
Unless you have good excuse, it is difficult to defend.
I suggest you to consult with a lawyer, draft a letter asking on special and compassionate grounds, setting out your absence from Australia, including your passport stamps etc. Some Councils may have discretion, not imposing the 2% fine if you have good written excuse.
Should you wish me to have a conference with you, drafting the letter, my charge is $550.
With kind regards,
Gordon Cheng
Barristers, Solicitors and Notaries
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