Guideline 4 – guardianship and/or administration cases in the Guardianship List

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a guardianship and/or administration case in the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) and/or for an appeal from the tribunal’s decision if the application is seeking to:

  • prevent the appointment or re-appointment of a guardian and/or of an administrator

or

  • remove a guardian and/or administrator

or

  • change the conditions of the order

or

  • seek clarification from the tribunal about the order.

Assistance will only be granted where there is a reasonable chance that the matter will succeed.

Documentary Requirements

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

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

  • relevant proof of means
  • documentary proof of matter, including a copy of the order or clarification from the tribunal, statement from state trustees (if they are not willing to release funds)
  • documentation that there is a reasonable chance that the matter will succeed, and the matter must meet the State reasonableness test

Costs payable

Please see Fee Schedule 2, Table O.

Updated