Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for an interlocutory appeal to the Court of Appeal where any of the following applies:
- the trial judge has provided the necessary certification to appeal the interlocutory decision
- the trial judge has refused to provide certification to appeal the interlocutory decision and there are reasonable grounds for the interlocutory appeal
- the Court of Appeal has granted leave to appeal the interlocutory decision
- the prosecution has filed the appeal.
Documentary requirements
Applications under this guideline can only be made by the standard grants assessment process. A lawyer seeking a grant of legal assistance for an interlocutory appeal should submit an application via ATLAS and include the following documents for assessment:
- relevant proof of means
- and, where applicable, the following:
- a certificate from the trial judge
- the advice of trial or appellate counsel
- the prosecution’s notice of appeal.
Updated