Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
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17 – Decision to grant or refuse assistance
- If a grant of legal assistance is refused
- If a grant of legal assistance is made
- Limits on the costs payable by VLA
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
If a grant of legal assistance is made
If VLA offers a grant of legal assistance, then the assisted person may choose to:
- accept the grant of legal assistance on the conditions and terms offered
- request VLA to internally reconsider any of the conditions and limitations attached to the offer before they accept or refuse it
- refuse the grant of legal assistance.
If the assisted person accepts the offer, both they and their lawyer must comply with all of VLA’s requirements in relation to the grant of legal assistance.
If the person does not accept the grant of legal assistance, they must notify VLA.
The grant letter
If VLA provides a grant of legal assistance, then VLA’s Legal Practice will send a letter to both the assisted person and the lawyer appointed.
The grant letter sets out:
- the offer of a grant of legal assistance
- any conditions, or limitations, on the extent or the nature of the grant of legal assistance
- the name of the lawyer or law firm to whom VLA will assign the matter
- the date on which the grant of legal assistance will begin if the person accepts the offer
- the assisted person’s right to request VLA to reconsider its decision internally, if the assisted person is unhappy with any conditions or limits of the grant of legal assistance. For example, if VLA requests an equitable charge over the house but it is owned by the spouse who refuses to sign the charge or VLA refuses the briefing of senior counsel in a case but the assisted person’s lawyer believes that the case requires a senior counsel.
Reconsideration of conditions and limitations
If VLA makes a grant of legal assistance on conditions or with limitations which are not satisfactory to the person seeking the grant, then, usually, the person may request VLA to internally reconsider its decision.
If the result of the internal reconsideration is still not satisfactory, then the person may usually request an independent review of the decision. See Reconsideration and review of decisions.
When does a grant of legal assistance begin?
If the assisted person accepts the grant of legal assistance then, usually, it will begin on the day the person signed their application form. However, if there has been a delay of more than 14 days in sending the application form to VLA, the grant of legal assistance will start on the day VLA received the application form.
The date on which the grant of legal assistance begins is stated in the grant letter as ‘the date assistance commences’.
Will VLA provide a grant of legal assistance retrospectively?
VLA a will not usually make a retrospective grant of legal assistance for any matter where legal services have been carried out before an application for a grant of assistance is lodged. See also: Urgent applications.
VLA may vary its decision to provide a grant of legal assistance
VLA has the right under the Legal Aid Act 1978 to vary its decision to make a grant of legal assistance to a person. At any time, VLA may:
- end the grant of legal assistance
- change the nature or extent of the grant of legal assistance (including changing the lawyer to whom VLA has assigned the matter)
and - put conditions, or vary the existing conditions, on the grant.