The Commonwealth performance test does not apply in some areas. All relevant criteria that must be met are set out in individual guidelines. The means test sets thresholds for the income and assets of an applicant (and, where applicable, his partner), as well as for his legal costs and costs. We have a team of experienced defence lawyers who can provide you with legal advice and explain the next steps in applying for a legal aid grant. Find out if you qualify for Victoria Legal Aid by contacting us today. Your legal problem must comply with Legal Aid guidelines. To determine whether the instructions are followed, you must perform a performance test. This evaluates a variety of different issues, depending on the nature of your case, the funding requested, and your personal situation. Here are some considerations to consider: When we process a request for assistance through our CSP, the applicant`s lawyer assesses the merits of the application and makes a recommendation to our grants and quality assurance department. In order for assistance to be provided, the lawyer must genuinely assume that the person and his or her case meet all relevant criteria of the Commonwealth merit test. If this is not the case, the lawyer should advise against granting assistance. We will base our final decision in part on counsel`s recommendation.
Our policies include a review of resources. The means test applies to most adults. Most adults must pass the resource test to get legal assistance. By accepting the offer of legal advice, you also agree to our general terms and conditions of legal advice. The obligations in our Terms and Conditions apply to all legal aid services. If we have set conditions, you also agree to comply with those terms. If you do not comply with all the terms and conditions imposed, we may cancel or change your legal aid service. You may have to pay some or all of the costs of your case so far. Our standard terms include: Under the Legal Aid Act 1978external link, we can only award a grant if we believe that a person cannot afford to pay for a lawyer themselves.
We use the resource test to determine that. To find out if your legal issue is included in our policies, contact our legal aid team. To decide whether an applicant passes the resource test, we will: We know there will be people who cannot afford a lawyer but still do not pass our resource test. The resource review focuses on the people who need them most. There is a discrepancy between the income and asset limits used in our means test and the cost of paying a private lawyer. This can result in a requester: Our resources are limited and the demand for legal services is high. We have policies that set out our rules when we provide legal assistance. You can only get legal advice if your legal problem and financial situation comply with our guidelines. This means that our money helps the people who need us most. Your lawyer is paid directly by us and may not ask you to pay for services provided as part of your legal assistance. If you receive an invoice from your lawyer, let us know immediately.
When someone applies for a grant, we look at their income, assets, expenses, and the nature of their (and, if applicable, their partner`s) legal affairs. If they meet all thresholds, the applicant may apply the means test. The demand for legal services is high, so legal aid funding is limited and reserved for those facing serious charges and unable to pay for their own representation. If you are entitled to legal assistance, we will send you and the lawyer a letter to help you resolve your legal problem. The letter states: In general, we decide that an applicant is means-tested and must make a contribution based on the following thresholds: We continue to look for ways to improve access to legal aid. Lawyers cannot assess the “adequacy of expenditures of limited public legal aid funds” in the context of the Commonwealth merit test if the claim is based solely on “probable benefit to the community.” If the person`s lawyer reviews such a request, only our promotion and quality assurance agency can assess this issue. In order to hire a lawyer for your case, you must be entitled to legal assistance. To decide if you qualify, let`s look: Victoria Legal Aid lawyers and private lawyers who provide legal aid can help you complete and submit an application form for free. They can also help you get information to support your application. Contact legal assistance to find out who can help you. The review must be conducted at the beginning of the case and throughout its duration.
If at any time the test is no longer completed, the support will be discontinued. The means test applies to all legal aid applicants (and, if applicable, their partner), unless the applicant is: There may be a limit to the amount of money available to pay for your legal problem – this is called the “cost cap”. Learn more about eligibility criteria and resource testingexternal link. The Commonwealth merit test is a threshold criterion that must be met in most Commonwealth law issues. The test consists of three parts that must be met: With the means test, we assess whether you can afford to pay for your own lawyer. The means test is about your income, assets and expenses. If someone else is providing you with financial assistance (such as a spouse, partner, or other family member), the means test will also look at that person`s income, assets and expenses. The applicant must tell us on the legal aid application form how much money they (and, if applicable, their partner) will receive from each source and provide the appropriate documents, unless an exemption applies.
Legal Aid is a Victorian government-funded service that helps people who cannot afford legal representation. Victoria Legal Aid pays your lawyer through a “legal advisor grant”. The means test looks at your overall financial situation. Some of the things it takes into account are: Some of our services are available to everyone. Depending on your situation, you may be able to get other legal help. If you have a legal problem and can`t afford to pay for a lawyer, we may be able to hire a lawyer to help you. This is called “providing legal assistance.” To be eligible for legal counsel, your legal issue must be included in our policies. Most legal issues must comply with the appropriate adequacy test of the Guidelines (the so-called substantive test). Our policies include different reasoning checks for different legal issues.
Depending on your legal issue, the merits check requires us to consider some of the following: There are some things we do not give legal advice on. We may also provide links, information and references to other organizations. Legal issues on which we do not provide advice include: We know that people have a lot of expenses. We will deduct some of these expenses, called “eligible expenses,” from a claimant`s income so that we can tell more precisely how much money they have left to pay their legal fees.