Dispute resolution - Australian Financial Complaints Authority

If you are not satisfied with a lender’s response to your application for a hardship variation, you can apply to the Australian Financial Complaints Authority (AFCA) to resolve your dispute.  AFCA is a free and independent external dispute resolution scheme to deal with disputes between consumers and lenders.  

AFCA replaces the previous external dispute resolution schemes of the Financial Ombudsman Service, the Credit and Investments Ombudsman and Superannuation Complaints Tribunal so that consumers have access to a single scheme.

As part of its licence requirements your lender must be a member of AFCA.   

The benefits of lodging a dispute with AFCA 
  • It’s free.
  • It will give you an opportunity to negotiate with the lender (with the help of the scheme).
  • The lender cannot start or progress legal action while AFCA is considering your matter except:
    • to take the minimum steps necessary to preserve the lender's legal rights, or
    • where legal action in defending the action has progressed beyond you lodging a defence or a defence and counterclaim, or
    • to enforce a default judgment obtained in court.

The lender needs to get AFCA's consent to continue even if these exceptions apply.

If you are impacted by the regional court closures between 1 June and 28 August and you don’t think you can attend court in person, it’s important to let the court know. 

Your lawyer or Legal Aid WA can help you do this.

Contact your local Legal Aid WA office or the Legal Aid WA Infoline for advice and help.

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.