I. The Insurance
Fortress.
Cracking the "Denial Engine".
The Adversary: The Claims Department, managed by loss adjusters and algorithms designed to minimize payout ratios.
The Weapon: Insurance Contracts Act 1984 (Cth).
1.1 The "Wear and Tear" Trap vs. Section 54
Insurers frequently deny claims by citing "failure to maintain" or "wear and tear," even when a catastrophic event (storm, flood) was the proximate cause.
The Tactic: Invoke Section 54 (The "Prejudice" Test).
The Law: Section 54 prevents an insurer from refusing to pay a claim solely because of an act or omission by you (e.g., failing to paint the fascia boards) unless that omission actually caused or contributed to the loss. Even then, they can only reduce the claim by the amount of prejudice they suffered, not deny it entirely.
Guerrilla Move
If they deny a storm claim due to "rotten timber," demand they quantify the exact percentage of prejudice. If the roof blew off in 100km/h winds, the state of the paint is irrelevant. Force them to prove the house would have survived if it had been painted.
1.2 The "Hydrology" Game (River vs. Rain)
In flood zones, insurers use hydrology reports to classify water as "riverine flood" (often excluded) rather than "stormwater runoff" (included).
The Tactic: The Reverse Onus Challenge.
The Reality: Hydrology reports are often "desktop reviews" based on general topography, not site-specific forensic evidence.
Guerrilla Move
Request the full expert report under the General Insurance Code of Practice. Check if the hydrologist visited the site. If they didn't, challenge the report as speculative. Demand they prove the timeline of inundation. Did the rain enter before the river peaked? If you have timestamped photos or witness statements of rain ingress prior to river breach, you break their timeline.
1.3 The "Utmost Good Faith" Pincer (Section 13)
The Law: Section 13 implies a "duty of utmost good faith" into every insurance contract. A breach of this duty is a breach of contract.
Guerrilla Move
If an insurer delays unreasonably, loses documents, or bullies you, formally allege a "Breach of Section 13 of the Insurance Contracts Act." This escalates a simple service complaint into a legal compliance issue. It triggers internal compliance flags that "I'm unhappy" does not.
II. The Debt Collection Machine
The Adversary: Debt Collectors purchasing "distressed ledgers" for cents on the dollar.
The Weapon: Statutes of Limitation (State-based).
2.1 The Statute Barred Defence (The "Six-Year Rule")
Most unsecured debts (credit cards, personal loans) have a limitation period (usually 6 years; 3 years in NT). If no payment or written acknowledgment is made in that time, the debt becomes "Statute Barred"—legally unenforceable in court.
The Trap: Collectors will call to get a "good faith payment" of $10 or a written "acknowledgment of debt." Do not do this. It resets the 6-year clock to zero.
Guerrilla Move
Silence is Golden: Never acknowledge the debt in writing or on a recorded call.
The "Statute Barred" Letter: If a debt is old, send a template letter: "I deny liability for this alleged debt. I believe it is statute barred. Unless you can provide evidence of a payment or judgment within the last 6 years, cease contact immediately or I will report you for harassment under the ASIC Debt Collection Guidelines."
2.2 Anti-Harassment Protocols
The Law: Competition and Consumer Act 2010 (Schedule 2) & ASIC/ACCC Debt Collection Guideline.
The Tactic: You can legally demand that collectors stop calling your phone and communicate only in writing.
Guerrilla Move
Send a formal request: "All future correspondence must be in writing. Further telephone calls will be considered 'undue harassment' under s50 of the Australian Consumer Law." Keep a log. If they call again, lodge a complaint with AFCA (Australian Financial Complaints Authority). Lodging a dispute freezes collection activity immediately.
III. The Credit & Data Spectrum
The Adversary: Credit Reporting Bodies (Equifax, Illion, Experian) and Identity Thieves.
The Weapon: Privacy Act 1988 (Cth).
3.1 The "Ban Period" Shield
If you suspect fraud (or just need to stop a barrage of inquiries while resolving a dispute), you can request a ban on your credit file.
The Law: Under the Privacy Act, Credit Reporting Bodies must impose a 21-day ban on disclosing your credit file if you believe you have been (or are likely to be) a victim of fraud.
Guerrilla Move
Use the 21-day ban (which can be extended to 12 months) to "freeze" your credit report during a dispute. This prevents lenders from conducting checks, effectively stopping new credit from being taken out in your name. It gives you breathing room to fix errors without new "hard enquiries" lowering your score.
3.2 Correcting the Record (APP 12 & 13)
The Law: Australian Privacy Principles (APP) 12 and 13 give you the right to access and correct personal information.
The Tactic: "Default" listings (black marks) must follow strict procedural rules (e.g., specific notice periods like the Section 6Q and 21D notices).
Guerrilla Move
Don't just ask to remove a default; demand proof of the process. Ask for copies of the Section 6Q and 21D notices and proof of postage. If they cannot produce them (common with sold debts), the listing is procedurally invalid and must be removed.
IV. The Housing Gatekeeper
The Adversary: "Blacklist" operators (TICA, NTD) and Algorithmic Screeners.
The Weapon: Residential Tenancies Act (State-specific, e.g., NSW s216-218).
4.1 The "Unjust" Listing Removal
You can only be listed on a tenancy database for specific reasons (owing > bond, tribunal order) and usually only for 3 years.
The Law: Listings must be accurate, complete, and not "out of date."
Guerrilla Move
If you are listed for an old debt you have since paid, demand the listing be updated to "Paid" immediately. Better yet, argue the listing is "unjust" at the Tribunal (NCAT/VCAT) if the landlord didn't give you notice before listing you (a strict legal requirement in NSW). No notice letter = illegal listing.
4.2 Subject Access Requests (The "Data Dump")
The Law: APP 12 (Privacy Act).
Guerrilla Move
Before a Tribunal hearing, send a Subject Access Request to the real estate agency for all emails, internal notes, and ledger entries regarding your tenancy. They often contain candid comments ("tenant is difficult," "don't fix the mould yet") that are gold dust in a Tribunal hearing for compensation or retaliatory eviction claims.
V. The Welfare Panopticon
The Adversary: Automated compliance systems (Robodebt successors).
The Weapon: Social Security (Administration) Act 1999 & Freedom of Information Act 1982.
5.1 The "ARO" Circuit Breaker
Never accept a computerized debt letter or a frontline service officer's verbal refusal.
The Law: Section 129 allows you to request a review by an Authorised Review Officer (ARO).
Guerrilla Move
The moment a debt is raised, request an ARO review. This moves the file from a general operator to a specialist legal officer. It often pauses debt recovery action. If the ARO confirms the debt, you have a free right of appeal to the AAT (Administrative Appeals Tribunal) Tier 1. Centrelink loses a significant percentage of AAT appeals because they often lack the evidence to meet the burden of proof.
5.2 The "FOI" Reconnaissance
Before appealing, find out what they know.
The Tactic: Submit a Freedom of Information request for your "Full file," including "screen dumps" and "file notes."
Guerrilla Move
Look for the "Operational Blueprints" (internal procedure manuals) used to make the decision. If the officer failed to follow their own Blueprint (e.g., didn't call you before suspending payment), the decision may be legally defective.
Tactical Summary
| Scenario | Legislative Weapon | Tactical Trigger Phrase |
|---|---|---|
| Insurance Denial | Insurance Contracts Act s54 | "The omission did not cause the loss; prove prejudice." |
| Old Debt Call | Limitation Act (State) | "I deny liability. The debt is statute barred. Stop calling." |
| Credit Inquiry | Privacy Act (Fraud Ban) | "Place a 21-day ban on my file immediately." |
| Tenancy Blacklist | Residential Tenancies Act | "Provide proof of the pre-listing notice letter." |
| Centrelink Debt | Social Security (Admin) Act s129 | "I require a formal review by an Authorised Review Officer." |
| Data Access | Privacy Act APP 12 | "This is a Subject Access Request for all data held on me." |