The Law Handbook 2024

Chapter 2.2: How legal aid can help 73 Legal assistance is provided by pro bono lawyers at outreach clinics in the metro Melbourne area. To make an appointment (the outreach clinics are appointment-only), phone 1800 606 313 (free call from landlines). Homeless Law also engages in law reform to bring about changes to laws and policies that impact disproportionately on marginalised and disadvantaged people. Seniors Law Seniors Law is a free legal service for older Victorians who cannot afford to pay a lawyer. The service helps those who are experiencing elder abuse and who have other legal issues associated with ageing. Seniors Law provides a range of services, including legal referrals, legal advice, advocacy, and community education. Magistrates’ Court registrars Giving advice Registrars of the Magistrates’ Court do not offer legal advice. The advice given to the public by registrars is confined to the scope of their duties and knowledge. Registrars are strictly impartial in the giving of advice, which is based only on the facts. They do not do or say anything from which it may appear that they are acting as the legal representative of any particular person. If advice is given in a matter that may lead to litigation, a registrar must inform the person being advised that the advice offered is based only on the facts supplied by that person, and that any decision made by the court will be based on facts given by all parties. Anyone to whom advice is given should also be informed of matters that do not support their case, and of the possibility of costs being awarded against them should their action fail. Registrars provide procedural advice on a range of legal matters including: • Civil disputes : These are disputes arising from claims for debts, damage to property and or injury (e.g. from a car crash) and other monetary demands. The civil jurisdiction also deals with neighbourhood disputes (e.g. disputes about fences). The Magis- trates’ Court can determine most disputes over money or property up to the value of $100000, including damages for personal injury. • Intervention orders : These are orders made by a magistrate under the Family Violence Protection Act 2008 (Vic) or the Personal Safety Intervention Orders Act 2010 (Vic) (for more information about intervention orders, see Chapter 4.4: Family violence). • Criminal matters : The Magistrates’ Court deals with all summary (i.e. less serious) offences and some indictable (i.e. very serious) offences. Registrars provide a range of information and procedural advice about the criminal jurisdiction. For example, advice relating to: – adjournments (putting off the case to another day); – types of cases and hearings; – applications for a payment plan or a stay relating to fines; – applications to convert fines to comm­ unity work; – applications to restore drivers licences; – diversion hearings. Assistance not provided by registrars Registrars do not release monies or make payments from the ‘court fund’ to individuals under any circumstances. Court fund monies are paid to local social welfare and not-for-profit community organisations. People in urgent need of money (e.g. for food, travel, medicine) are referred to these agencies for assistance. Trade unions Most trade unions have an arrangement with a solicitor to provide legal advice to members of the union. Often, these solicitors provide an initial interview free of charge to give advice and decide whether or not the member has a case on which further action should be taken. In some instances, the union will pay for legal action. This is particularly so in WorkSafe claims, or where damages are being sought for injuries that were suffered at work. A union’s help may also be sought in matters of dismissal, non-payment or under-payment of wages, and other employment-connected problems. Contact your union, or the Victorian Trades Hall Council ( tel: 9659 3511; www.weareunion.org.au) .