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Regulation & Complaints
When you realise the person you paid and trusted to protect your interests has let you down, it cuts differently. A lawyer holds a position of professional obligation — and when that obligation is breached, the frustration is often compounded by confusion about what to do next.
There are two paths available to you: a formal complaint to your state’s legal regulatory body, and a professional negligence claim to recover any financial loss the conduct caused. This page walks you through the complaints process and explains when a legal claim may be the more necessary course of action.
Quick answer
To make a complaint against a lawyer in Australia, you lodge a formal objection with the relevant regulatory body in your state or territory — for example, the Legal Services Commissioner in NSW or the Legal Services Board + Commissioner in Victoria. These bodies can investigate misconduct and impose disciplinary consequences. They cannot, however, award financial compensation for losses caused by your lawyer’s negligence.
Not all lawyer failures are the same. Some are matters of professional conduct — the kind that regulatory bodies are set up to address. Others are matters of negligence — and those require a different pathway entirely.
Regulatory bodies can investigate complaints about:
Under the Legal Profession Uniform Law (which applies in NSW and Victoria) and equivalent legislation in other states, these complaints fall into two categories: unsatisfactory professional conduct (conduct below the standard expected of a competent lawyer) and professional misconduct (more serious conduct warranting significant disciplinary action).
If your lawyer gave wrong advice, missed a deadline that ended your case, or failed to warn you about a material risk — that may go beyond a conduct complaint. That is the territory of professional negligence.
Each state and territory has its own regulatory authority. Complaints should generally be lodged with the body in the state where the lawyer is admitted or where the conduct took place.
| State / Territory | Regulatory body | Complaint time limit |
|---|---|---|
| NSW | Legal Services Commissioner | Generally 3 years |
| VIC | Legal Services Board + Commissioner | Generally 3 years |
| QLD | Legal Services Commission | Generally 3 years |
| WA | Legal Profession Complaints Committee | Contact LPCC directly |
| SA | Legal Profession Conduct Commissioner | Contact LPCC SA directly |
| TAS | Legal Profession Board of Tasmania | Contact the Board directly |
| ACT | ACT Law Society | Contact Law Society ACT directly |
| NT | Law Society NT | Contact Law Society NT directly |
Time limits are typically calculated from the date of the conduct — not the date you discovered the problem. If you are unsure whether you are still within time, check with the relevant body as soon as possible.
The process differs slightly between states, but the core steps are largely consistent across Australia.
Gather your documents
Collect any correspondence, fee agreements, letters of advice, court documents, and records of phone calls or meetings. The more organised your records, the clearer your complaint will be.
Write a clear account of what happened
Set out the facts in chronological order: what the lawyer did or failed to do, when it happened, and what the outcome was. State what you are seeking — whether that is an apology, a fee refund, or a reprimand.
Identify the correct regulatory body
Use the table above to find the right authority for your state. Each body has its own complaint form, usually available online.
Lodge your complaint
Most bodies accept complaints online, by post, or in person. Attach your supporting documents. The body will acknowledge receipt and may request additional information.
The body investigates
The regulator may contact your lawyer for a response. Depending on complexity, this stage can take several months.
Outcome is determined
Possible outcomes include no further action, informal resolution, a formal reprimand, conditions on the lawyer’s practice, a fine, suspension, or — in serious cases — cancellation of the practising certificate. In costs disputes, some bodies can make binding determinations requiring the lawyer to reduce or refund fees.
The honest answer is: it depends on the nature of the complaint, the evidence available, and the state you are in. Most regulatory investigations take between three months and a year to resolve. Complex matters involving formal hearings can take longer.
Regulatory bodies have genuine power over lawyers. A finding of professional misconduct can result in a lawyer losing their right to practise. That matters — it protects other clients from the same conduct.
What it does not do is put money back in your pocket. If your lawyer’s conduct caused you a financial loss — you settled for less than your claim was worth because of poor advice, you lost a case because a deadline was missed, your business suffered because you followed incorrect legal guidance — a conduct complaint will not recover that.
That is where a professional negligence claim becomes relevant.
A regulatory complaint and a professional negligence claim are entirely separate things. One addresses how a lawyer behaved. The other addresses the financial consequences of what they did.
If a lawyer’s negligence caused you a quantifiable financial loss, you may be entitled to compensation through a professional negligence claim — a civil legal action in which you seek damages for the harm caused. Common examples include:
A solicitor negligence claim can recover the financial loss you suffered as a direct result of that negligence — something a regulatory complaint cannot do. Both pathways can run at the same time. You do not have to choose one or the other.
If your lawyer’s actions caused you financial harm, contact our team for a free case evaluation. There is no obligation, and it costs nothing to find out where you stand.
There are two separate time limits you need to be aware of — and they run independently.
Complaint time limits — Most regulatory bodies require complaints to be lodged within three years of the conduct you are complaining about. Check with the relevant body in your state if you are unsure whether you are within time.
Negligence claim limitation periods — Professional negligence claims are governed by state legislation. In most Australian states, you have three years from the date you became aware (or reasonably should have become aware) of the negligence to commence a claim. See our complete guide to limitation periods in professional negligence matters.
These deadlines are independent. Filing a complaint does not pause or extend the time limit for a negligence claim. If you are pursuing both, both clocks are running.
Act before time runs out
In most Australian states, professional negligence claims against lawyers must be commenced within 3 years of the date you became aware (or reasonably should have become aware) of the negligence — though this varies by state. A regulatory complaint does not extend this deadline. If you are unsure whether your limitation period is still open, contact our team for a free assessment as soon as possible.
Yes. The two processes are independent and can run concurrently.
A regulatory complaint addresses the lawyer’s conduct and is handled by the relevant state authority. A professional negligence claim is a civil matter you pursue through the courts to recover financial loss. One does not block the other.
There is a practical interaction worth knowing about: if the regulatory body makes a finding of professional misconduct, that finding may be relevant evidence in your negligence proceedings — though it is not binding on a court. Our team can help you understand how both processes might interact in your specific situation.
Understanding the distinction between professional misconduct and negligence is often the first step in knowing which pathway — or combination of pathways — applies to you.
A complaint alone may not restore what was lost. A professional negligence claim through Fair Go Australia can — and it costs nothing upfront.
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We respond within 1 business day.
Lodge your complaint with the regulatory body in your state — for example, the Legal Services Commissioner in NSW or the Legal Services Commission in Queensland. You will need to submit a written account of the conduct, supported by any relevant documents. Most bodies accept complaints online. Time limits apply, generally three years from the date of the conduct.
The Legal Services Commissioner (NSW) handles complaints about lawyer conduct including overcharging, failure to follow instructions, conflict of interest, dishonesty, unexplained delay, and breach of confidentiality. These are conduct matters. If you suffered a financial loss because of your lawyer’s error or negligence, that is a separate issue — one that a negligence claim is designed to address.
In most cases, no. Regulatory bodies have the power to discipline lawyers, refund overcharged fees in a costs dispute, and impose fines — but they cannot award general financial compensation for loss caused by negligence. If you have suffered a financial loss as a result of your lawyer’s conduct, a professional negligence claim is the mechanism for recovering that money.
A complaint is a regulatory matter — it addresses how a lawyer behaved and can result in disciplinary consequences. A professional negligence claim is a civil legal action to recover financial loss caused by the lawyer’s failure to meet their duty of care. Both can run at the same time, and a finding in the complaint process may be relevant to your negligence claim.
Most state bodies require complaints to be lodged within three years of the conduct. However, the time limit for a professional negligence claim is a separate deadline entirely — and filing a complaint does not pause it. In most states, you have three years from when you discovered (or should reasonably have discovered) the negligence to commence a legal claim. Both deadlines must be managed independently.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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