Introduction If you are facing a legal problem and lack the financial means to hire a lawyer, you may be eligible for a ‘grant of legal assistance.’ Victoria Legal Aid offers this support to individuals who meet certain criteria outlined in our guidelines. However, due to limited funds and high demand for legal services, we can only provide grants to those who genuinely require assistance.
Eligibility Criteria and Supported Legal Matters Our guidelines specify the types of legal matters for which we can provide grants. Most commonly, grants are offered for criminal and family law cases. In some instances, grants may also be available for issues such as guardianship, infringements, migration, social security, mental health, and discrimination matters. To qualify for a grant, your legal problem must fall within our guidelines and satisfy the relevant merits test, which varies depending on the nature of the case. Some factors considered during the merits test include the potential benefits of the grant, the likelihood of success in court, and whether it is in the interest of justice to provide assistance.
Financial Eligibility We employ a means test for most adults to assess their financial circumstances. This test evaluates your income, assets, expenses, and any financial support you receive from others, such as a spouse or family member. The means test determines whether you can afford to engage a lawyer on your own. Different income and asset thresholds apply based on your situation. To ascertain whether you meet the means test, please contact our Legal Help team.
Applying for a Grant To apply for a grant of legal assistance, we recommend contacting us directly or reaching out to one of our panel practitioners specializing in legal aid work. This allows us to promptly assess your eligibility and requirements. We have provided the application form, which can be submitted by regular mail or email. In addition to completing the form, you will need to submit supporting documents such as proof of income and bank statements for the last three months.
Assistance Offered by a Grant If you are deemed eligible for a grant, it may cover various legal services provided by a lawyer, including legal advice, assistance in resolving disputes, preparation of legal documents, and representation in court. Once approved, you will receive a letter outlining the assistance provided, any conditions imposed, and your obligations. You will also be informed of your lawyer’s details, the grant’s effective date, and your rights in case of disagreement.
Cost Ceilings A ‘cost ceiling’ limits the amount of money available to cover your legal problem. It is essential for you and your lawyer to be aware of this limit. If the cost ceiling is reached before your case concludes, you may have to complete the case without further financial aid or apply for additional assistance. Feel free to inquire about the remaining funds at any point.
General Terms of a Grant Accepting a grant of legal assistance means agreeing to our Standard terms of legal assistance, which apply to all grants. These terms include promptly informing us or your lawyer of any changes in your circumstances, following your lawyer’s advice, and allowing your lawyer to share necessary information with us. Failure to comply with these terms and any imposed conditions may result in the cancellation or modification of the grant, and you may be required to cover some or all of your case’s costs up to that point.
Contributions and Charges Legal assistance may involve certain contributions or charges, depending on your financial situation. You may be asked to make a financial contribution toward your lawyer’s fees or sign a charge against any property you own or are purchasing to secure the amount spent on your legal assistance. The specifics will be clarified in the offer letter.
Selecting and Paying Your Lawyer If you don’t have a lawyer, we will assign one based on their expertise and suitability for your case. However, if you have a preference, you can indicate it on the application form. Your lawyer must be on our practitioner panel to represent you. Payments to your lawyer will be made directly by us, and they are prohibited from charging you any costs for services covered by the grant. In case you receive a bill from your lawyer, kindly notify us immediately.
Conclusion If you believe you meet the criteria for a grant of legal assistance or need further information, please reach out to our Legal Help team. We are committed to ensuring access to justice for those who need it the most.
