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Legal assistance & representation – frequently asked questions (NT)
If you need a lawyer to do work for you, such as representing you in court, you need to apply for a 'grant of legal assistance’. This means that the Northern Territory Legal Aid Commission (NTLAC) will pay one of its lawyers or a private lawyer to work on your case.
Will I get assistance?
How do I apply for a grant of legal assistance?
Do I have to pay for any legal assistance?
How much legal assistance will I get?
What if my application for legal assistance is not successful?
Can I represent myself in court?
Will I get assistance?
Getting legal assistance depends on:
- your financial situation, including your income and assets
- whether your case comes under NTLAC's ‘guidelines’
- whether your case has ‘merit’.
Under the guidelines only certain types of cases get legal assistance. For example, you may get legal assistance for issues to do with parenting time with children, but you will not for a divorce unless there are very special circumstances.
‘Merit’ means that what you are asking for is reasonable, and that if you went to court the court would be likely to agree with you.
How do I apply for a grant of legal assistance?
To apply for a grant of legal assistance you need to make an appointment for an advice session at NTLAC. At the session, tell the lawyer that you want to apply for legal aid. If NTLAC can’t book you into an advice session you will get a referral letter to get advice from a private lawyer free of charge. The private lawyer can help you apply for legal aid.
You will need to provide information about your finances, including income, debts and assets. You also need proof of your financial situation, such as Centrelink documents, wage slips and bank statements.
If you are offered a grant of legal assistance, you will receive a letter with the conditions in it. Read the letter carefully and contact NTLAC if you do not understand it.
Do I have to pay for any legal assistance?
Legal assistance is not free. Unless there are exceptional circumstances, you will be expected to make a contribution to the costs. The amount you may have to pay depends on your financial position. 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.
If you own a house but have no cash, you may have to pay when you sell your house or when your financial situation changes, even if this is many years later.
The contribution is worked out on a sliding scale based on your financial position and the likely cost of the case. At the end of your case your contribution will be reassessed. If you have received a cash lump sum or a significant amount of property your contribution may be increased. Contributions may be paid off in instalments.
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 when dealing with your lawyer. If you spend your entire grant of legal assistance early in the case you may have to represent yourself later. Try to use this money as carefully as possible, for instance, by being prepared when dealing with your lawyer.
What if my application for legal assistance is not successful?
If your application is refused you can have the decision reconsidered by making a written request to the director of NTLAC within three months of getting notice of the decision.
If you do not agree with the second decision you can have it reconsidered by the Legal Aid Review Committee. You (or your private lawyer) can talk to the review committee and, if they agree, the decision can be changed. To apply to the review committee you must make a written request to the director of NTLAC within three months of receiving the results of the first reconsideration.
Can I represent myself in court?
If you are not eligible for legal assistance and you cannot afford a private lawyer, you may need to consider representing yourself. If you are representing yourself it is important that you know something about the relevant law and court process.
Your case, or story, must be presented to the court in writing, using the correct forms and affidavits. An affidavit is a statement of your evidence in writing and must be truthful. Make sure you understand the affidavit before you sign it. Do not sign an affidavit if it is not accurate. Affidavits must be prepared properly, which requires some skill and knowledge.
The court cannot give you much help if you are representing yourself. You will need to know the contents of documents submitted by the other side, how to argue against material you believe is wrong, and the rules relating to examination and cross-examination of witnesses.
The NT Law Handbook is a good source of information for people going to court without a lawyer. You can get a copy from the Darwin Community Legal Service. The Family Law Courts website is also a good reference.
Related publications
Self-represented litigants’ kit