Guideline 1 – general civil claims of $5000 or more

Guideline

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a general civil law matter if the amount of the claim is $5000 or more, subject to the restrictions discussed below.

VLA may limit the grant to:

• an investigation of and further report on the merits of the case

or

• mediation of the dispute.

VLA will not grant assistance to a plaintiff if there is an alternative funding arrangement available

VLA will not grant legal assistance to a plaintiff or a prospective plaintiff seeking damages or the recovery of property in a common law, equitable or statutory action if the action could be conducted either:

• under a conditional costs agreement with a private lawyer

or

• through the Law Aid Scheme.

VLA may grant assistance to a defendant in limited circumstances

VLA may make a grant of legal assistance to a defendant in a general civil law claim for an amount of $5000 or more only if:

• the defendant’s sole home is at immediate risk in the action (for example, the defendant has given a security over their house or their house is the only asset they have to meet a claim against them)

and

• there is a strong prospect the defendant can defend the action or get a life tenancy of the property