Victoria Legal Aid Handbook for Lawyers

Guideline 6 – other Federal Court and High Court proceedings

Assistance for certain matters if substantial benefit

Subject to the restrictions of the other Commonwealth civil law guidelines, Victoria Legal Aid (VLA) may make a grant of legal assistance for certain Federal Court or High Court proceedings if there is a strong prospect the person will gain substantial benefit.

The types of proceedings that may qualify are:

  • appeals from decisions of the Administrative Appeals Tribunal

or

  • initiating proceedings in the Federal Court, the Federal Circuit Court or the High Court

or

  • appeals in the Full Court of the Federal Court or the High Court.

Documentary requirements

Applications under this guideline can only be submitted via the standard grants assessment process.

An in-house lawyer or lawyer on the section 30 referral panel seeking a grant of legal assistance should submit an application via ATLASExternal Link for assessment, including all of the following documents:

  • after referring to guideline 6 and all available material, the lawyer’s assessment and documentation that shows there is a strong prospect of benefit being gained by the person applying for the grant of legal assistance
  • reference to how the matter meets the Commonwealth merits test
  • relevant proof of means.

Reviewed 26 April 2023

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