The Law Handbook 2024

Chapter 2.2: How legal aid can help 69 income and assets are included when VLA works out if you are eligible for a grant. Applying for a grant To apply for a grant of legal assistance, you need to fill out an application form. The form has questions about your legal problem and your financial situation to help VLA establish if you’re eligible for a grant of legal assistance. You also need to give VLA documents to support your application, including: • proof of your income (e.g. a recent pay slip or Centrelink benefit statement); • bank or credit union account statements for the last three months. If you financially support anyone else, you need to give VLA proof of income and bank statements relating to these ‘financially associated persons’. Help with your application VLA lawyers, and private lawyers who do legal aid work, can help you fill out and submit an application form for free. They can also help you get information that supports your application. Cost ceilings There is usually a limit to how much money is available for your case – this is called a ‘cost ceiling’. It is important that you and your lawyer understand these limits. If the cost ceiling is reached before your case is over, you may have to finish the case without VLA’s help, or apply for further assistance. You can ask VLA how much money is left at any stage. General terms of a grant By accepting a grant of legal assistance, you also agree to the general terms and conditions of the grant, and any special conditions that are explained in the letter you get from VLA. These terms include: • you must tell VLA or your lawyer immediately if any of your circumstances change while you are getting legal assistance; • you allow your lawyer to give VLA any information needed to carry out its functions under the Legal Aid Act 1978 (Vic); • your lawyer must tell VLA if they receive any money on your behalf; • any costs you receive must be paid to VLA (how- ever, this does not apply to damages). VLA may stop or change your legal assistance if you do not follow the terms and conditions of your grant, or the advice of your lawyer. You may have to pay some or all of the costs of your case up to that point. Contributions and charges Legal assistance is not always free. You may be asked to: • pay some money towards the cost of running your case – this is called a ‘contribution’; • agree to a charge over any house or land you own or are buying. The amount you might have to pay depends on your financial situation. For more information about contributions and charges, visit www.legalaid.vic.gov. au/what-charge. Selecting your lawyer If you don’t have a lawyer, VLA will allocate one according to who they think can help you best. If you would like a particular lawyer to act for you, let VLA know on your application form. Your lawyer must be on a VLA practitioner panel. There is a limited exception for some family law matters. Paying your lawyer Your lawyer is paid directly by VLA. Your lawyer is not allowed to ask you to pay any costs for services performed under your grant of legal assistance. If you get a bill from your lawyer, notify VLA. If you disagree with a grants decision If you disagree with VLA’s decision about your application for a grant of legal assistance you can ask them to reconsider that decision. Things you can ask them to reconsider include: • the refusal of your application; • the conditions of your grant (for example, the amount of the contribution imposed); • the requirement to sign a charge.