Guideline 10 – infringements cases

Guideline 10 – infringements cases

Victoria Legal Aid (VLA) will make a grant of legal assistance for an infringements matter, if you meet all of the following tests:

  1. Financial eligibility – you must meet the VLA means test.
  2. About your case – you must:
  • be liable to pay multiple infringements exceeding $5000, and
  • want to apply to revoke an infringement warrant or an enforcement order or seek enforcement review, or
  • have a matter listed in the Magistrates’ Court in relation to an infringement warrant, or
  • have a matter listed in the Special Circumstances List of the Magistrates’ Court.
  1. About you – you must:
  • be experiencing family violence within the meaning of section 5 of the Family Violence Protection Act 2008 either now or when the offence occurred, or
  • have a mental or intellectual disability, disorder or illness, either now or when the offence occurred, or
  • have a serious addiction to drugs, alcohol or a volatile substance either now or when the offence occurred, or
  • have been homeless at the time of the offence.
  1. How will your case turn out (merit) – there must be a strong likelihood that getting a grant of legal assistance will result in:
  • the enforcement order being revoked, or
  • the infringement penalty being substantially discharged.

A person who does not meet this guideline is not eligible for assistance under the State’s special circumstances.

Costs payable

Please see Fee Schedule 2, Table X.