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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I was taken to court for my Centrelink debt in 2014 for

Customer Question

I was taken to court for my Centrelink debt in 2014 for fraud but my case was dropped by prosecutors on the date of the hearing.
I could not afford the debt payments therefore I went ahead and declared banckrupcy.
My understanding is that Centrelink can only demand payments after discharge if debt is incurred of Fraud.Which in my case fraud charges were dropped in this matter.
My question is to you can Centrelink demand payments after banckrupcy discharge?
Submitted: 2 months ago.
Category: Australia Law
Expert:  Daniel replied 2 months ago.

Hello
What happened at court?
You say the charges were dropped, but in the other parragraph you say you were not convicted?

Was it the case that the matter proceeded and you plead guilty / found to be guilty and no conviction was recorded?

If that is the case, although there is no conviction (Section 10 dismissal) the offence is still proved.

Makes a big difference, as if you were found to act in a fraudulent manner, the debt still stands.

Customer: replied 2 months ago.
My apologies my case was dropped.
Expert:  Daniel replied 2 months ago.

No need to apologise.

In that case, they cannot prove that fraud was a factor, then the money does not need to be repaid due to the bankruptcy.

Make a complaint here:

http://www.ombudsman.gov.au/making-a-complaint

Please click accept / rate my service. I am able to help further without further payment after doing so.

Customer: replied 2 months ago.
Many thanks,if I can not resolve this with commonwealth Omdurman could you put in writing that I'm not liable to pay due banckrupcy?? And how are are your fees?
Expert:  Daniel replied 2 months ago.

Sadly all I can do is give advice online.

Expert:  Daniel replied 2 months ago.

Hello
I note I still have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.