1.1 – consideration of resolution processes other than litigation
Victoria Legal Aid (VLA) may make a grant of legal assistance for mediation of a dispute where the person applying falls within the category of disadvantaged client.
1.2 – matters not dealt with in the Commonwealth civil law guidelines
VLA may make a grant of legal assistance for litigation where the person applying falls within the category of disadvantaged client.
In determining if a person is disadvantaged for the purposes of guidelines 1.1 and 1.2, VLA may take into account:
- the practical or material benefit to be gained, or the detriment or loss at risk
- whether the case is so complex that it could not be presented to the court without legal representation
- whether the person’s ability to communicate and/or self-represent is affected by:
Housing disability may be indicated by homelessness or low income earners who have private rental housing costs exceeding 30 per cent of their household income
1.3 – damages actions
VLA will not make a grant of legal assistance to a person for a court action if it is likely that they will receive an award of damages or property if their action succeeds and, based on the material provided:
- it would be reasonable for the action to be conducted under a conditional costs agreement or similar arrangement with a private lawyer
- the person can obtain appropriate legal help from another source.
Reviewed 26 April 2023