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Making a complaint

Step 1: start by getting in touch with your lawyer first

You must show you have tried to resolve your concerns directly with your lawyer before we can take a complaint.  We can give you some tips on how to do this effectively, or you can view our Tips to handling a dispute page.

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Costs lawyers or consultants

The area of legal costs can be very complex and confusing for consumers to navigate.

To help you deal with any concerns you may have with your legal costs, you might use the services of a costs lawyer or a costs consultant.

‘Lawyer’ vs ‘consultant’

The terms ‘costs lawyer’, ‘costs consultant’ or ‘costs clerk’ can often mean the same thing. Regardless of their title, a person who works in the area of legal costs generally does the following type of work:

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Tips to handle a dispute

If a problem arises with your lawyer, what you can do?

Many of the enquiries and complaints that we receive about lawyers are often caused by communication breakdowns.

Often things are left unsaid for too long, or not explained simply or clearly enough and by the time we find out about it your working relationship with your lawyer has hit a low point.

If you have a problem with a lawyer's behaviour, their legal costs or the work they have done, it’s best to deal with these issues straight away.

 

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Before engaging a lawyer

Working with your lawyer

Most people deal with lawyers on very few occasions, such as when buying a house or making a will. If you are not familiar with the law, you may be uncertain how to work with lawyers or understand what to expect from the legal process.

Our fact sheet Working with your lawyer provides tips on how you can develop and maintain a good relationship with your lawyer.

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Compensation

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Compensation claim examples - Fidelity Fund

Below are examples of how we assess claims for compensation for loss of trust money or trust property. These examples are based on real claims we have previously assessed. Some details have been changed to protect the privacy of the claimants.

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Trust money compensation from the Fidelity Fund

If you have lost trust money/property due to dishonesty or fraud by a lawyer, you may be eligible to claim back that money from our Fidelity Fund. 

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How we can help

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Problems with conveyancing

Conveyancing is work carried out in connection with certain property transactions including, for example, the sale of a freehold interest in land or the grant of a mortgage. Conveyancing work may be performed by lawyers and by people who are not lawyers. Non-lawyers wishing to carry on a conveyancing business for fee or reward must be licensed by the Business Licensing Authority and comply with other requirements under the Conveyancers Act 2006 (Vic).

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What you can expect from us

What can you expect from us if you make a complaint?

  • Wherever appropriate we will try to help you resolve your concerns.
  • If we are unable to deal with your complaint we will explain why and give you some information about other options that may be available to you.
  • We will explain our processes to you.
  • We will treat all parties to a complaint with respect and courtesy.
  • If we decide that it is necessary then we may formally investigate specific concerns.
  • We will deal with all complaints in an impartial way an
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