Victoria Legal Aid (VLA) may make a grant of legal assistance to a person in relation to a civil law matter under Victorian law if all of the following apply:
- the matter is a State civil law matter within the State civil law guidelines
- usually, VLA considers the person cannot afford the full cost of private legal services (the means test)
- taking all relevant factors into account, VLA considers it is reasonable to provide a grant of assistance (the State reasonableness test)
- whether (on the various standards of proof existing within a particular guideline) the matter is likely to terminate in favour of the applicant.
State civil law guidelines
The State civil law guidelines set out when a grant of legal assistance may be made for the following State civil law matters being heard or determined in Victoria:
- general civil claims
- hearings at the Mental Health Tribunal
- guardianship and administration cases in the Guardianship List at the Victorian Civil and Administrative Tribunal (VCAT)
- supervised treatment order hearings at VCAT
- coronial inquests
- equal opportunity or discrimination cases
- family violence protection order matters
- personal safety intervention order matters
- representation of a child in adoption proceedings
- eviction cases at VCAT
- civil cases at the Supreme Court
- infringements cases
- public interest and strategic litigation cases
- witnesses appearing before the Chief Examiner or Examiner.
Updated