Legal advice and help

If you’re impacted by Shield and First Guardian, you’re probably entitled to get some of your money back. But do you need a lawyer for that? And if you want one, how do you find the right one?

Do I need a lawyer? 

A licensed lawyer can tell you what your legal rights are, give you advice about the best way to deal with legal issues in your circumstances and help you fill out forms and ask for your money back. While this can be helpful, you do not have to get a lawyer in order to:

• make a complaint to the Australian Financial Complaints Authority (AFCA),
• lodge proof of claim with a liquidator, or 
• report misconduct to the regulator, Australian Securities and Investments Commission (ASIC).

Making a complaint to AFCA is free and AFCA has processes that are designed to make it easier for people to complain without getting a lawyer. 

But, it is important to know that AFCA (and the liquidators and ASIC) cannot tell you your legal rights, or give you legal or financial advice. 

You might want to get legal advice or assistance if:  

• your situation is complicated,
• working out what you need to do or how to do it is overwhelming, or
• you have other things going on in your life that make getting your money back without help too hard. 

If you need help making decisions about money, such as paying bills, making a savings plan or working out what you should do with your super in the future, you may need financial advice or counselling. 

Find out more about financial advice and financial counselling. 

How can I find a lawyer if I want one?

Some people may want to get legal advice or help with making a complaint. Most lawyers have websites that tell you what types of issues they have experience dealing with, but you can also ask them. While we do not endorse or recommend any particular lawyer or firm, we have confirmed that the following law firms are accepting clients who want help with Shield and First Guardian compensation. None of these law firms is currently running a class action lawsuit. 

Berrill & Watson (03) 9448 8048 (07) 3013 4300

FD Legal 1300 433 533

Maurice Blackburn 1800 111 222

Slater & Gordon 1800 444 141

But be careful…

Beware of people who are not lawyers offering to assist you to get your money back. Some people have received emails pretending to be professionals offering to assist them. These emails may include links to websites that ask you to enter your login details or personal information. These could be a second scam. Do not click on any links in these emails or respond to them. 

Find out more about recovery scams.

You can check if someone is a licensed lawyer by searching their name using the links below for each state or territory.

Australian Capital Territory	Queensland	Victoria
New South Wales	South Australia	Western Australia
Northern Territory	Tasmania

How much will a lawyer cost?

How much a lawyer will cost depends on the law firm and what services they provide you. If you just want a bit of advice, it might cost you a few hundred dollars. Some law firms may give you some free advice before you decide to hire them. If you want to start a lawsuit and go to court, it could cost you significantly more. It is important to know that lawyers charge fees in different ways and this can impact how much you pay.

Ask a lawyer how they charge before agreeing to hire them, including the cost of any initial discussions you have with them.

By the hour. Most lawyers charge by the hour they spend working for you, plus any costs they pay for you out of their own pocket (e.g. photocopying, filing fees). For example, if your lawyer charges $450 per hour and they spend 4 hours helping you and they had to pay a fee of $100 while helping you, they would send you a bill for $1,900 plus GST. More experienced lawyers charge a higher hourly rate than more junior lawyers. Your lawyer may ask you to pay a certain amount up front as a deposit to cover expenses.

Fixed fee. For some types of work, a lawyer may charge a fixed fee which includes all costs included in doing a specific piece of work for you. If a lawyer agrees to charge you a fixed fee, the total bill will be the same no matter how many hours the lawyer ends up working. Fixed fees don’t usually cover any out of pocket costs (e.g. photocopying, filing fees and expert witnesses), so you’ll have to pay those on top of the fixed fee. Make sure you ask your lawyer what work is included in the fixed fee agreement and what additional work is not included.

No win, no fee. Some lawyers work on a ‘no win, no fee’ basis. This means that their pay depends on you winning (or agreeing to settle your case). Their fee could either be calculated by the hour or as a fixed fee. If you win, the lawyer will often take their fees out of the total amount that you win. This can be a lot of money. 

On the other hand, if you don’t win, you don’t have to pay the lawyer’s fees. While this way of billing may seem like a good deal, there are often a few catches.

• If a law firm acts for you on a ‘no win, no fee’ basis, they are allowed to charge you up to 25% of your bill as an extra fee. This is called an ‘uplift’ and compensates the lawyer for the risk of not getting paid if you lose. For example, if your legal fees were $10,000, the total bill could be up to $12,500 if they charge an uplift.
• You usually still have to pay your lawyer’s out of pocket costs, such as court filing fees, expert witnesses or hiring a barrister. These can add up.
• If you decide to switch lawyers, you may have to pay for the work your old lawyer did up until the time you switched, including any out of pocket costs. 

It is really important to read the fine print of any fee agreement so there are no surprises.

Are there any free lawyers?

Yes! There are a number of legal clinics that offer legal advice and help services for free. Many of these clinics have eligibility criteria. You will need to contact them to find out if you qualify. Some of these services may also provide debt help and counselling services or can refer people to those services if needed.

Find a community legal centre near you.