15 – Special circumstances

Introduction

If a person seeks a grant of legal assistance for a legal matter which is outside the specific Commonwealth and State guidelines for assistance, then Victoria Legal Aid (VLA) may be able to provide a grant of legal assistance if the person and/or the legal matter come within, either:

• the Commonwealth’s special circumstances – if the legal matter is a Commonwealth matter
• the State’s special circumstances – if the legal matter is a State matter.

An application approved under the special circumstances guidelines is still subject to the means test and merits assessment.

There may also be particular matters within the specific Commonwealth and State guidelines where VLA may make a grant of legal assistance only if the person seeking assistance meets the relevant special circumstances.

This section discusses both sets of special circumstances and outlines the additional information the person or their lawyer should attach to the application form they send to VLA.