Am I eligble for financial support through Legal Aid?

If you need a lawyer for ongoing legal help or to represent you in court and you don’t have enough money to pay, you may be able to get legal assistance from Legal Aid. Legal Aid is the Australian organisation that delivers a variety of legal services to disadvantaged people across your relevant state/territory. Unfortunately, they do not have the resources to help everyone with a legal problem and therefore can only assist if your case falls within their strict guidelines.  The main ways they decide if you can access this legal help are as follows:

1. They look at your financial situation

a) They will do a ‘means test’ which will look at the amount of your total income (Centrelink payments including Family Tax Benefit A, Family Tax Benefit B etc. child support payment, child maintenance payments, spousal maintenance payments, what you earn including any investments, any insurance policy claims for example accident, sickness or disability benefits) and total assets (equity in your home, money in the bank etc);

b) They will consider any support or financial help you provide to other people, for example a partner or child/ren;

c) They will also look at the assets and income of any other person who provides you with regular financial support, for example gives you money, helps pay your bills, or shares your living expenses ( for example a relative, friend, spouse, former partner etc).

PLEASE NOTE: The MEANS TEST (the amount and assets/income you can earn to be eligible)  is different for each state/territory.

2. They will also look at the ‘merit’ of your case

   This means, what is the prospect/chances of your matter being successful if it went to court?

To decide this, Legal Aid looks at the legal situation and the facts of your case to decide if it is likely to succeed or fail if it goes to court – they consider - would a sensible person risk their money to take the particular case to court?

3. They might also look at your special circumstances

There are sometimes applicants who may not succeed with the ‘means test’ requirements but they deserve special consideration because they experience multiple disadvantages. This may mean you get some assistance with legal costs.

If you are experiencing, for example:

• domestic violence,

• live in a remote area, 

• have an intellectual, psychiatric or physical disability.

• or other disadvantage,

  you may be eligible for a grant of aid via Legal Aid’s special circumstances guidelines.

What to do next?

We highly recommend you do the following if you think you may be eligible:

1. Have a look at the Legal Aid Application form relevant to your particular state or territory to see what information they would require you to provide. There are a significant number of documents you need to submit with your application to prove your financial situation. 

PLEASE NOTE: The Application Form and terms are different for each state/territory.

2. Write down notes on why you think you might be eligible or any other questions you have about applying for Legal Aid.

3. Ring your own state Legal Aid office for a free consultation to discuss whether you are eligible for Legal Aid and what to do next. 

4. Ask Legal Aid how you can get help, if needed, to fill in the application form and to submit it.

NOTE: An interpreter can be arranged. Arrangements can be made to assist you with an accredited interpreter or National Relay Service for the hearing impaired.

The Application Form

The Application form must only be submitted in the approved form for your own state or territory.

NOTE: Each state/territory has a slightly different application form!

A copy of the Application Form is available by:

* The Legal Aid website – check it is the Legal Aid website for your state/territory (you can download the application from the documents sections).

*Collect the application form in person by going into any of the Legal Aid offices in your state/territory.

* Call them and ask for one to be mailed to you.

*Email your Legal Aid office and provide your name and address and ask one to be mailed to you or your PO Box.

If you qualify for Legal Aid

If you qualify (your application is approved), Legal Aid will get a lawyer to represent you under a grant of legal aid for your matter.  They can speak for you in court, help you prepare legal documents related to your case and help you reach agreement with the other party.