According to the latest Alares Credit Risk Insights report, non-bank lenders have steadily escalated court actions since 2019, reaching record levels by 2025. This uptick accelerated through 2023 and 2024, maintaining elevated levels into 2025. In contrast, the big four banks peaked in their court actions in 2024 but eased off in 2025, highlighting a divergence in enforcement strategies.

Several factors contribute to this development. As major banks tighten lending criteria and focus on low-risk lending, many small and medium-sized enterprises (SMEs) are turning to non-bank lenders for financing. These alternative lenders, while providing essential capital, are also more proactive in pursuing legal avenues to manage defaults and recover funds.

The Australian Taxation Office (ATO) remains the dominant source of court actions, but the growing assertiveness of non-bank lenders adds another layer of complexity for businesses managing debt obligations. This environment underscores the importance for company directors to exercise caution and seek professional advice when considering non-bank funding options.

In summary, the increasing court enforcement actions by non-bank lenders reflect a strategic shift in the financial sector's approach to debt recovery. Businesses should remain vigilant and informed about these trends to navigate their financial commitments effectively.