The Law Handbook 2024

Chapter 2.2: How legal aid can help 65 Administrative Appeals Tribunal (AAT) At the AAT, duty lawyers can help you with: • Veterans’ Affairs matters; • social security matters; • some immigration matters. How to see a duty lawyer Before going to court, contact VLA’s Legal Help phone line (tel: 1300 792 387) to find out if you can see a duty lawyer. If a duty lawyer can see you, it is best to arrive at the court or tribunal when it opens, as the duty lawyer may have many people to see and you may have to wait. When you get to court, ask the court staff if there is a lawyer on duty. If you need an interpreter, the court will organise this for you. It is best to let the court know before the day of your hearing. If you haven’t done this, tell the court staff as soon as you get to court. Help before going to court Criminal matters If your court date is in 14 days or more, you may qualify for legal advice from a lawyer to help you prepare for court. VLA’s Help Before Court service (www.legalaid. vic.gov.au/hbc) is offered for criminal charges in the Magistrates’ Court or Children’s Court. They can only provide legal advice to those who need it most. This depends on your income and legal matter. If you qualify for legal advice, VLA will either: • make an appointment for you to speak with a law- yer about your case before your court date, or; • send your brief of evidence to the duty lawyer on your court date and you will get legal advice on the day. Depending on your situation, the lawyer may also represent you in court. If VLA cannot provide legal advice, a legal assistant will give you general information and resources to help you represent yourself. It’s free to request Help Before Court on the VLA website (see www.legalaid.vic.gov.au/hbc) . Family violence matters If you have a family violence intervention order matter, a lawyer may be able to provide you with legal advice and support through VLA’s Early Resolution Service (www.legalaid.vic.gov.au/early-resolution- service-family-violence-matters) . This can happen up to two weeks before your court date. The lawyer may: • give you information about the court process and what to expect on the day; • ask you about what you want from the court hearing; • explain your options. The lawyer, on your behalf, may speak with the other party’s lawyer (if they have one) to see if the matter can be resolved. You may be eligible for the service if your family violence matter is at Broadmeadows, Dandenong, Latrobe Valley, Melbourne, Ringwood, Sunshine or Werribee Magistrates’ Court. You may be contacted by email or phone by someone from the Magistrates’ Court pre-court team before your court date. They will ask if you would like to be referred to a legal service for legal advice before your court date. If Victoria Police applied for the family violence intervention order, then they may contact you. You can also contact the Magistrates’ Court yourself. Details are on the VLA website. Family Dispute Resolution Service What is the FDRS? VLA’s Family Dispute Resolution Service ( FDRS ) helps people resolve their family law disputes. After an assessment, the FDRS can organise a dispute resolution conference to help with disputes where one party has a grant of legal aid. The FDRS can assist with the following: • developing a parenting plan that sets out arrange- ments for the care of children; • sorting out some financial issues, such as the division of property, spousal maintenance, and maintenance for children over 18 years old; • mediating international child abduction court cases that involve children brought into Victoria from another country.