Estimated legal costs and the income test

‘Estimated legal costs’ means the amount of money which VLA considers the person applying for a grant of legal assistance would have to pay to a private lawyer for the legal services the person seeks.

VLA has three categories of estimated legal costs:

  • Category 1 – estimated legal costs are less than $1555
  • Category 2 – estimated legal costs are between $1555 and $6560
  • Category 3 – estimated legal costs are more than $6560.

Table 1 sets out whether or not a person with a net disposable income of $256 or more a week will qualify for a grant of legal assistance under the income test, based on the category of estimated legal costs.

Table 1 – Effect of estimated legal costs for a person whose net disposable income is $256 or more a week

Costs category Estimated legal costs Assistance granted
Category 1 Less than $1555 If net disposable income is more than $364 a week, VLA will not usually make a grant of legal assistance.
Category 2 Between $1555 and $6560 If net disposable income is between $256 and $434 a week, VLA may make a grant of legal assistance. If a grant of legal assistance is provided the person must pay an initial contribution.
Category 3 More than $6560 If net disposable income is more than $256 a week, VLA will usually make a grant of legal assistance unless the required initial contribution is more than the estimated legal costs.