Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a guardianship and/or administration case in the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) and/or for an appeal from the tribunal’s decision if the application is seeking to:
- prevent the appointment or re-appointment of a guardian and/or of an administrator
or
- remove a guardian and/or administrator
or
- change the conditions of the order
or
- seek clarification from the tribunal about the order.
Assistance will only be granted where there is a reasonable chance that the matter will succeed.
Documentary Requirements
Applications under this guideline can only be submitted via the standard grants assessment process.
An in-house lawyer or a lawyer on the section 30 referral panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including all of the following documents:
- relevant proof of means
- documentary proof of matter, including a copy of the order or clarification from the tribunal, statement from state trustees (if they are not willing to release funds)
- documentation that there is a reasonable chance that the matter will succeed, and the matter must meet the State reasonableness test
Costs payable
Please see Fee Schedule 2, Table O.
Updated