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Legal assistance & representation – frequently asked questions (ACT)
If you need help with a legal problem that requires a lawyer to do work for you, for example, representing you in a case in the Family Court, you need to apply for 'a grant of legal assistance’. This means that the Legal Aid Commission of the Australian Capital Territory (Legal Aid ACT) will pay one of its own lawyers or a private lawyer to work on your case.
How is eligibility decided?
How do I apply for a grant of legal assistance?
What if I need legal assistance urgently?
Do I have to pay for any legal assistance received?
How much legal assistance will I get?
What can I do if my application for legal assistance is not successful?
Can I represent myself at court?
What can I do if I'm representing myself?
How is eligibility decided?
Getting legal assistance depends on:
- your financial position – income and assets
- whether your matter comes under Legal Aid ACT’s 'guidelines' – only certain types of cases get legal assistance (for example, you may get legal assistance for disputes about who your children live with and how much time they spend or communicate with each parent, but you will not usually get legal assistance for a divorce unless there are very special circumstances)
- whether your case has 'merit' – this means that what you are asking for is reasonable and that if you went to court you would be likely to win your case.
How do I apply for a grant of legal assistance?
You can apply for a grant of legal assistance by filling in an application form. You can get the forms, and help completing them, from any Legal Aid ACT office, community legal centre and many private lawyers. Lawyers are not allowed to charge you for filling out an application form.
If Legal Aid ACT offers you legal assistance, a letter will be sent to you setting out the conditions. You should read the letter carefully and contact Legal Aid ACT if you do not understand it.
What if I need legal assistance urgently?
If your matter is urgent your lawyer can fax your application to Legal Aid ACT and ask for a grant of assistance to be considered quickly. If you don’t have a lawyer you should tell us when you lodge your application that your matter is urgent.
Do I have to pay for any legal assistance received?
Legal assistance is not always free. If you are granted legal assistance you may be asked to pay some or all of your legal costs before legal assistance starts or at the end of your court case. The amount you may have to pay depends on your financial position.
Legal assistance is provided on the condition that the applicant pays a contribution towards the cost of legal services. The amount is set out in the letter granting assistance.
Contributions are usually paid in a lump sum at your first appointment with your lawyer. You can arrange to pay your contribution in instalments if you have trouble making the payment. If you have trouble paying the contribution, you should talk to your lawyer or advise Legal Aid ACT in writing. If you are suffering severe financial hardship, the contribution may be waived.
Contributions may be increased if your grant of assistance is extended while your matter is continuing.
Contributions can be reassessed and changed if:
- your financial position changes for any reason
- the original information we had about your financial circumstances was wrong or incomplete.
Reassessed contributions can be as much as 100 per cent of the full cost of providing legal services. Legal Aid ACT will make a decision about how much you should pay by looking at all your financial circumstances.
If you own a house but have no cash, you may have to pay Legal Aid ACT when you sell your house or when your financial position changes, even if this is many years later.
How much legal assistance will I get?
There are limits (called ‘cost ceilings’ or ‘caps’) on the total amount payable in any one grant of assistance. In special circumstances further funding may be approved.
It is important that you understand these limits on funding when dealing with your lawyer. If you use up your entire grant of legal assistance early in the case, you may find yourself in a situation where you have to represent yourself later. Try to plan with your lawyer to use these funds in the best way possible.
What can I do if my application for legal assistance is not successful?
If you are not happy with Legal Aid ACT’s decision about your application for legal assistance you can ask for the decision to be reconsidered.
Requests for a reconsideration should be made in writing to the Chief Executive Officer of Legal Aid ACT, within 28 days of notification of a decision. You should address the actual reason for refusal and explain why you think the decision is wrong and should be reconsidered. For example, you may believe that the assessment of your assets is inaccurate. The Chief Executive Officer will look at the details of your case and make a decision based on the new information you have provided. You will be informed of this decision in writing as soon as possible.
If you are not happy with the outcome of the reconsideration, you can write to Legal Aid ACT asking for the decision to be reviewed by an independent committee. This request should be made in writing to the Chief Executive Officer within 28 days of receiving a letter stating the reconsidered decision.
The Review Committee is independent of Legal Aid ACT and consists of a solicitor, a barrister and a community representative, who are appointed by the ACT Attorney-General. The decision of the Review Committee is final.
Can I represent myself at court?
If you are not eligible for legal assistance and you cannot afford to pay a private lawyer, you may need to consider representing yourself. If you are representing yourself it is important that you know about the relevant law and court process.
Your case, or story, must be presented to the court in writing, in the correct forms and ‘affidavits’ (written statements of evidence). These must be prepared properly, which requires some skill and knowledge.
The court is limited in the assistance it can provide to you if you are representing yourself. You will need to know the contents of documents submitted by the other side, how to challenge material you believe is incorrect, and the rules relating to examination and cross-examination of witnesses.
What can I do if I am representing myself?
The duty lawyer at the Family Court can explain what happens and may be able to give you some help with preparing your documents and appearing in court. You can get telephone advice by ringing Legal Aid ACT’s Legal Advice and Information Line or you can ask for an appointment with a duty lawyer.