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Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Our Morwell office is closed due to renovations. The office can be contacted on (03) 5126 6444.
Or search our online legal information.

Other support for debt and bankruptcy

Find out where to get legal help and support from other community services for debt and bankruptcy.

Consumer Action Law Centre

The Consumer Action Law Centre gives free legal advice and representation to vulnerable and disadvantaged consumers across Victoria.

You can ask a legal expert for advice about whether you have grounds to dispute a debt. You can also read their self-help kits and fact sheets about dealing with debt and debt collectors.

Watch the Consumer Action Law Centre's videos for more information about their services and how they can help you.

Your local community legal centre can give you legal information and advice. Most services are free.

You can also find a private lawyer near you through the Law Institute of Victoria’s Find your lawyer referral service.

All law firms included in the Legal Referral Service provide a free 30-minute interview. You can use this interview to understand more about the legal issue and discuss the available options and how much they will cost.

Note that the free interview is not 30 minutes of free legal advice. It is very important that you bring your referral letter to your appointment.

We recommend that you contact the Law Institute of Victoria before making an appointment with a private practitioner.

Financial counsellors and financial information

Financial counsellors offer free, confidential and independent advice to people who are in financial difficulty.

A financial counsellor can:

  • explain what options you have to clear your debts
  • explain your rights
  • help you prioritise your debts
  • negotiate with creditors on your behalf.

It can sometimes take a while to get an appointment with a counsellor, so it’s important to contact them as soon as possible – don’t leave it until the last minute.

National Debt Help

The National Debt Helpline website has step-by-step guides on how to tackle common debt problems. You can also call National Debt Help on 1800 007 007 to speak to a financial counsellor. They can refer you to a financial counsellor in your area if you need more help.

Moneysmart

Moneysmart is an Australian Government website run by the Australian Securities and Investments Commission. It offers free, trusted and impartial financial guidance. It also has tips and tools to help you make better financial decisions and calculators to help you work out your budget.

You can also use it to search for a financial counsellor.

Mortgage stress Victoria

Mortgage Stress Victoria offers free legal advice, financial counselling, and social work for people who have a mortgaged property in Victoria and are experiencing difficulties with money.

Australian Financial Security Authority

The Australian Financial Security Authority administers personal insolvency laws.

It can supply you with all the necessary bankruptcy papers and refer you to a financial counsellor or other appropriate body for assistance.

You can call the Australian Financial Security Authority from anywhere in Australia on 1300 364 785.

What to be aware of when seeking help

Be careful of uninvited offers of help.

Some organisations may offer to negotiate with your creditors and to restructure your debts for a fee. They usually write to you after you have been sued. Some of these organisations may be okay but others are not.

Do not sign contracts with any agency without checking their background. Get legal advice on the contract. Also check with Consumer Affairs Victoria to see if there have been reports about the agency.

Complaints about banks

If you own a bank account, have a mortgage or use another bank service it’s important to understand the fees, terms, and conditions of services these accounts. This includes fees for using and ATM.

If you get an unexpected fee or fine, you should try to resolve the issue with the bank first. However if you are unhappy with the outcome, most bank should have a complaints process.

There are also organisations listed on this page who may be able to help.

Complaints about financial services

Australian Securities and Investments Commission

The Australian Securities and Investments Commission deals with complaints about misconduct or illegal activity by companies and the financial services industry.

This includes complaints about insurance companies, insurance brokers, superannuation funds and financial advisers. Their Moneysmart website explains how to complain about your financial problem.

Australian Financial Complaints Authority

The national Australian Financial Complaints Authority deals with complaints about financial services including banking, credit, loans, general insurance, life insurance, financial planning and other issues.

They provide free dispute resolution for consumers and some small businesses who are unable to resolve a dispute directly with their financial services provider. This is an alternative to court proceedings. Decisions can be binding on participating financial services providers.

Resources from other organisations

How we can help

Contact us for free information about the law and how we can help you with your legal issue.

If we can’t help, we can refer you to other organisations that can.

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