Guideline 1 – general guideline for Commonwealth civil matters

1.1 – consideration of resolution processes other than litigation

Victoria Legal Aid (VLA) may make a grant of legal assistance for mediation of a dispute where the person applying falls within the category of disadvantaged client.

1.2 – matters not dealt with in the Commonwealth civil law guidelines

VLA may make a grant of legal assistance for litigation where the person applying falls within the category of disadvantaged client.

In determining if a person is disadvantaged for the purposes of guidelines 1.1 and 1.2, VLA may take into account:

• the practical or material benefit to be gained, or the detriment or loss at risk
• whether the case is so complex that it could not be presented to the court without legal representation
• whether the person’s ability to communicate and/or self-represent is affected by:
  • Serious mental health issue
  • intellectual or physical disability
  • having a first language other than English
  • reading or writing difficulty
  • existence of financial stress/material deprivation
  • housing disability
  • remoteness of location and access to service providers
  • issues of joblessness and/or long-term unemployment.

Housing disability

Housing disability may be indicated by homelessness or low income earners who have private rental housing costs exceeding 30 per cent of their household income

1.3 – damages actions

VLA will not make a grant of legal assistance to a person for a court action if it is likely that they will receive an award of damages or property if their action succeeds and, based on the material provided:

• it would be reasonable for the action to be conducted under a conditional costs agreement or similar arrangement with a private lawyer
• the person can obtain appropriate legal help from another source.