Your financial complaints dating back to 1 January 2008 can now be heard – but for a limited time only!
From 1 July 2019, Australian consumers and small businesses will be able to lodge complaints dating back to 1 January 2008 (Legacy Complaints) about the conduct of financial firms (including banks, insurance providers, credit providers and superannuation funds) with the Australian Financial Complaints Authority (AFCA).
Generally, AFCA considers complaints about:
credit, finance and loans;
insurance;
banking deposits and payments;
investments and financial advice; and
superannuation.
Limited time only!
This change will allow complainants to lodge financial complaints with AFCA which would normally fall outside of AFCA's time limits – but for a limited time only!
AFCA will only consider Legacy Complaints received during the period starting 1 July 2019 and ending 30 June 2020 (inclusive), after which time AFCA will revert back to the usual time limits for considering financial complaints set out in the AFCA Rules.
Normally, for most complaints, AFCA will generally only consider a complaint:
if it is within 6 years after you first became aware (or should reasonably have become aware) of the loss suffered; or
if it is within 2 years of receiving a resolution through the internal dispute resolution process from the financial firm you wish to complain about.
How can we help?
If you have a financial complaint against a financial firm (such as a bank, insurance provider, credit provider or superannuation fund) and need help with resolving your dispute or lodging a complaint with AFCA, please contact Peter Wright or Suzanne Howari.
The material in this article was correct at the time of publication and has been prepared for information purposes only. It should not be taken to be specific advice or be used in decision-making. All readers are advised to undertake their own research or to seek professional advice to keep abreast of any reforms and developments in the law. Brown Wright Stein Lawyers excludes all liability relating to relying on the information and ideas contained in this article.