Letters of Demand
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A. Where proceedings have not been issued, it is generally unacceptable to claim costs in a letter of demand.
- The Ethics Committee reconsidered this issue in 2007, as a result of Collection House v Taylor [2004] VSC 49 and revised the 1999 Guidelines. As a result the precedent for letters of demand have been amended
- The Guidelines were approved by Council in November 2007.
- They can be viewed by going to Letters of Demand Guidelines (pdf) (2007)
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A. The heading and layout of a letter of demand should not resemble a court document.
- This would be misleading to the recipient.
- The Ethics Committee specifically considered this issue in 2000 at the request of the Melbourne Magistrates’ Court.
- See ruling R3743, September 2000.
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