How and when to make a claim - Victorian Legal Services Board + Commissioner

How and when to make a claim

How to make a claim

To make a claim against the Fidelity Fund, you must complete a claim form.  The Legal Services Board is not able to take any action in relation to any claim without first receiving the claim on the approved form. To request a claim form, contact the Board to speak to a Fidelity Fund claims officer.

Before making a claim against the Fidelity Fund, please ensure that you have read the fact sheet Making a claim against the Fidelity Fund (154KB PDF).

The claim form is designed to collect information that will assist the Board in making a determination of your claim.  After making your claim you may be required to provide additional evidence of your loss, for example, documents or statements which help support your claim.  The Board may disallow the claim if the required information is not provided.

You may wish to engage a lawyer to help you make a claim against the Fidelity Fund, however this is not compulsory.

When to make a claim

The statutory timeframe to make a claim to the Board is six months from the time that the person becomes aware that they have suffered the loss that they want to claim from the Fidelity Fund.

In the event that you do not make a claim within the six month claim period, the Board may extend the timeframe to allow you to make your claim.  If you are making your claim late, you will need to provide a detailed explanation of why it is late.  The Board can investigate a claim if satisfied with the reasons provided as to why the claim is late.

If the Board does not accept a late claim, you are entitled to apply to the Supreme Court of Victoria to have the statutory timeframe extended.

Notices calling for claims

The Board may publish a notice calling for claims to be made in relation to a lawyer, employee of a law practice or barristers’ clerk.  The notice will specify a day by which claims must be received.

 

Last modified July 3, 2015.