How to Complain About a Lawyer in Australia

To complain about a lawyer in Australia, lodge a written complaint with the legal regulator in the state or territory where the lawyer practises. Complaints about conduct should be made within 3 years of the conduct. In NSW, Victoria and Western Australia, a dispute about a bill must be made within 60 days after the costs became payable. In NSW, for example, the regulator is the Office of the NSW Legal Services Commissioner.

Before you complain, raise the problem with the lawyer or a more senior person at the firm, in writing, and keep a copy. Most regulators expect this step for costs and service complaints, although the Office of the NSW Legal Services Commissioner does not expect it for complaints about the other side's lawyer or about sexual harassment. Collect your costs agreement, bills, letters and emails before you fill in the complaint form. If you decide to move your matter, you can compare firms on our list of best law firms in Australia.

Most regulators can accept some late complaints. The table shows the standard limits.

Who do you complain to about a lawyer?

You complain to the regulator for the state or territory where the lawyer practises, not to the court. Complaints about barristers go to the same body as complaints about solicitors, except in the ACT.

New South Wales

The Office of the NSW Legal Services Commissioner receives all complaints about lawyers in NSW. Its Inquiry Line (1800 242 958) explains the process and can send a complaint form, but it cannot give legal advice or contact the lawyer for you.

Victoria

The Victorian Legal Services Board + Commissioner handles complaints through an online consumer enquiry form, or by phone on 1300 796 344. You must show you have tried to resolve the problem with the lawyer first.

Queensland

The Legal Services Commission receives complaints under the Legal Profession Act 2007 (Qld). The Commissioner can investigate a complaint or refer it to the Queensland Law Society or the bar association to investigate.

Western Australia

The Legal Practice Board of Western Australia receives complaints under the Legal Profession Uniform Law (WA), which took effect on 1 July 2022. Its Legal Services and Complaints Committee decides serious disciplinary matters and can prosecute a lawyer before the State Administrative Tribunal.

South Australia

The Legal Profession Conduct Commissioner receives complaints in writing, preferably on its complaint form. South Australia charges a complaint fee of $110 (including GST), which can be reduced or waived.

Tasmania, the ACT and the Northern Territory

• Tasmania. The Legal Profession Board of Tasmania receives and investigates complaints, and making a complaint costs nothing.
• ACT. Under section 394 of the Legal Profession Act 2006 (ACT), a complaint must be in writing and made to the "relevant council". That is the ACT Bar Council for a barrister and the ACT Law Society council for a solicitor.
• Northern Territory. The Law Society Northern Territory assesses and investigates written complaints and refers serious matters to the Legal Practitioners Disciplinary Tribunal.

Is it a costs dispute or a conduct complaint?

A costs dispute is a complaint that a bill is too high or wrong. A conduct complaint is about how the lawyer behaved or did the work. Many complaints involve both. Under the Uniform Law in NSW, Victoria and Western Australia, the regulator sorts complaints into two streams.

1. Consumer matters. These include costs disputes and service problems such as delay, poor communication or errors that fall short of misconduct. The regulator tries to resolve them informally, by negotiation or mediation.
2. Disciplinary matters. These are conduct that may amount to "unsatisfactory professional conduct" or "professional misconduct", such as dishonesty, gross incompetence or serious breaches of the conduct rules. The regulator investigates and can take disciplinary action.

Limits on costs disputes (NSW, Vic and WA)

From 1 July 2026, the Office of the NSW Legal Services Commissioner can generally deal with a costs dispute if either:

• the total bill is less than $314,330, or
• the total bill is $314,330 or more, but the amount in dispute is less than $31,440.

If the dispute is not resolved, the regulator can make a binding determination only where the amount in dispute is less than $31,440. The Victorian Legal Services Board + Commissioner and the Legal Practice Board of Western Australia apply the same indexed amounts.

In South Australia, the Legal Profession Conduct Commissioner can make a binding determination on overcharging where the amount in dispute is no more than $50,000. First, the costs must have been assessed by a costs assessor.

Costs assessment by a court or tribunal

For larger bills, or instead of a complaint, a client can have legal costs formally assessed. In NSW this is the Supreme Court's costs assessment scheme. In Victoria, the Victorian Civil and Administrative Tribunal (VCAT) or the Costs Court of the Supreme Court assesses costs. In Queensland, section 335 of the Legal Profession Act 2007 (Qld) allows a client to apply for a costs assessment within 12 months after the bill was given.

How long do you have to complain about a lawyer?

You have 3 years from the conduct to complain about a lawyer's conduct in most states and territories. Time limits for costs disputes are much shorter.

• Conduct complaints. The limit is 3 years from the conduct. Regulators can accept a later complaint if it is just and fair to do so or if it alleges serious misconduct in the public interest.
• Costs disputes (NSW, Vic and WA). The limit is 60 days after the costs become payable, or 30 days after you receive an itemised bill you asked for. The regulator can extend this by up to 4 months if you give a good reason for the delay. It cannot extend the time if the lawyer has already sued you for the fees.
• Overcharging complaints (SA). The limit is 2 years from the final bill.

Act quickly on a disputed bill. In Victoria, a lawyer can sue for an unpaid bill 30 days after it is due, and the regulator cannot help once you have been sued.

What happens after you make a complaint?

The regulator assesses the complaint, usually sends it to the lawyer for a response, and then resolves, investigates or closes it. The Office of the NSW Legal Services Commissioner aims to resolve consumer matters within 3 to 6 months. Disciplinary investigations usually take 6 to 12 months, and sometimes much longer. The Legal Practice Board of Western Australia aims to complete 80% of complaints within 90 days.

Outcomes of a consumer matter in NSW include:

1. a caution
2. an apology from the lawyer
3. an order to redo the work at no cost
4. an order to reduce, waive or refund fees
5. an order to undertake training or counselling
6. compensation of up to $25,000, where you suffered a direct loss and have no other source of compensation.

The Victorian Legal Services Board + Commissioner can similarly caution or reprimand a lawyer, order an apology, reduce or refund legal costs up to $31,440, and order compensation of up to $25,000 for a proven financial loss.

For serious conduct, the regulator can take disciplinary action itself or prosecute the lawyer before a tribunal. The tribunals are the NSW Civil and Administrative Tribunal, the Victorian Civil and Administrative Tribunal, the Queensland Civil and Administrative Tribunal, the State Administrative Tribunal (WA) and the South Australian Civil and Administrative Tribunal. In the most serious cases, a lawyer can be removed from the roll.

If you disagree with a decision to close your complaint, you can ask for an internal review. In Western Australia, the request must be made within 30 days of the decision. In NSW, the Commissioner decides whether to review, and there is no right of appeal to the NSW Civil and Administrative Tribunal against a decision to close a complaint.

What can't a legal regulator do?

A legal regulator cannot act as your lawyer or change a court's decision. Before you complain, know these limits.

• It cannot give you legal advice or represent you.
• It cannot change, enforce or overturn a court or tribunal order.
• It generally will not investigate while the same issue is before a court.
• It cannot stop a lawyer from suing you for unpaid fees.
• It cannot award large damages for negligence. The Office of the NSW Legal Services Commissioner notes that a person seeking compensation beyond its $25,000 limit usually has to take private legal action. Lawyers must hold professional indemnity insurance to meet such claims.

Some complaints go elsewhere. In Victoria, complaints about licensed conveyancers go to Consumer Affairs Victoria, and complaints about judges and magistrates go to the Judicial Commission of Victoria.

Can you complain about the other side's lawyer?

Yes, about their conduct. The Victorian Legal Services Board + Commissioner states that anyone can complain about a lawyer's conduct or behaviour. Complaints about service quality are accepted only from the lawyer's client, and complaints about costs only from the person who pays. The same pattern applies if you are the lawyer's client and the other side complains about your lawyer: the complaint is about the lawyer, not about you.

Being on the other side of a hard-fought case is not misconduct. A lawyer must act for their own client. Firm letters, a refusal to negotiate, or losing a case are not grounds for a complaint on their own.

Can a lawyer keep your file until you pay?

Yes, in most cases. A lawyer has a right, called a lien, to keep a client's documents until the fees and disbursements are paid. The Legal Profession Board of Tasmania explains that if the documents are essential to current proceedings, the former lawyer must hand them to you or your new lawyer, provided reasonable security is given for the unpaid costs. Raise a lien with your new lawyer early, before any court deadline.

Choosing a new lawyer after a complaint

A complaint does not end your legal matter, and you may need a new lawyer to finish it. Choose carefully the second time. Our guide How to Choose a Lawyer in Australia lists the checks to make: a current practising certificate, written costs disclosure and relevant experience. How Much Does a Lawyer Cost in Australia? explains what a fair bill looks like.

Compare firms in your practice area and city, ranked using the method in how we rank law firms:

• Family Lawyers in Australia, including Family Lawyers in Sydney and Family Lawyers in Melbourne
• Criminal Lawyers in Australia, including Criminal Lawyers in Brisbane
• Litigation Lawyers in Australia
• Wills & Estates Lawyers in Australia