Legal Help for Civil / Family Matters
If you have a legal problem but can’t afford a lawyer, you may be able to get one through civil / family legal aid. If you’re granted legal aid, it will cover all your lawyer’s fees and all other fees and expenses of your court case. You may have to repay some or all of your legal aid. Back to Legal Aid Guide home page
The Decision to Grant Legal Aid
How is it decided whether or not I get legal aid?
The Legal Services Agency will consider the following factors –
- Whether you can afford a lawyer
- The Agency will look at how much you earn before tax.
- It will also look at how much money you could raise by selling your property (but not including your equity in your first house up to $80,000, nor your car, furniture and tools of trade).
- If you have a partner, the Agency will also take into account their finances. This applies whether you’re married or in a civil union, or in a de facto relationship (including same-sex).
- Use the financial self-assessment form to check if you’re likely to get legal aid.
- Your particular case
- You must have a significant personal interest in your case (“reasonable grounds”). You will almost always have reasonable grounds if your case involves children (like day-to-day care or contact), domestic violence or mental health.
- If your case is about relationship property or maintenance, or if it’s not a Family Court matter, the Agency will also look at your chances of winning your case.
- The Agency may refuse legal aid if the likely cost of your case outweighs the benefit you could get from winning (for example, if you have a good case but you are suing someone who has limited funds to pay you with).
What happens if my financial situation changes?
You or your lawyer must tell your local Legal Services Agency office if there is an increase in your household income or in the value of the property you and your partner own. This may affect whether you qualify for legal aid or how much you have to repay.
What can I do if I’m refused legal aid?
You or your lawyer can challenge the decision by asking the Legal Services Agency to reconsider it, or by appealing to the Legal Aid Review Panel.
If challenging the decision doesn’t change it, you can –
- ask your local community law centre whether a lawyer from the centre can represent you for free
- negotiate with a lawyer to pay them later or in instalments
- try to find a lawyer who will work for you for free ("pro bono")
- represent yourself at court.
