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Legal assistance & representation – frequently asked questions (Tasmania)
If you need a lawyer to do work for you then you need to apply for legal aid (a ‘grant of legal assistance’). The lawyer’s work might include negotiations (trying to sort out agreement with the other person), preparing legal documents or going to court. This means that the Legal Aid Commission of Tasmania (LACT) 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 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?
Are there any workshops I can attend?
How is eligibility decided?
Getting a grant of legal assistance depends on:
- your financial situation – income and assets
- whether your matter comes under LACT's ‘guidelines’
- whether your case has ‘merit’.
Under LACT’s guidelines only certain types of cases get legal assistance. For example, you may get legal assistance for issues to do with where the children live and who they spend time and communicate with, but you will not usually get legal assistance for a property settlement or 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 legal assistance?
You can make an application for assistance during a free clinic session or when you have your appointment with a LACT lawyer. You can also apply for legal assistance through a private lawyer.
Your application to LACT must include copies of:
- your Pension or Health Care card
- your bank statements for the last three months
and - if you are working, your last three pay slips.
If you have a current partner, LACT will need this information from them as well.
What if I need legal assistance urgently?
In an emergency you can come in to a LACT office, or call for an urgent appointment. You can come to a free clinic session or you can ask your own lawyer to make an urgent application for legal aid for you.
Do I have to pay for any legal assistance received?
Legal assistance is not always free. The amount payable depends on your financial situation.
Most successful applicants are required to pay an initial contribution of $60 towards their legal costs, however, you may be asked to pay a higher contribution than this.
If you own a house but have no cash, you may still get legal assistance but LACT may require a charge over your property to cover some or all of the legal costs. This means that if you sell your house you may have to give some of the money from that sale to LACT.
How much legal assistance will I get?
There are limits (called ‘cost ceilings’ or ‘caps’) on the total amount of funds provided in any one grant of assistance. In very special circumstances you may be able to get further funding.
It is important that you understand these limits on funding 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. For example, if you make telephone calls to the lawyer, asking for updates. You should try to use this money as carefully as possible, for example, by being prepared when dealing with your lawyer.
What can I do if my application for legal assistance is not successful?
If you are not happy with LACT's decision about your application for legal assistance, you can ask for the decision to be referred to a Review Committee. The Review Committee may overturn the decision. If you wish to have the decision reviewed you need to write to LACT within 14 days of receiving the letter advising you that your application for legal assistance was unsuccessful.
Can I represent myself at court?
If you are not eligible for legal assistance and you cannot afford to pay a private lawyer to work for you, you may need to consider representing yourself.
If you are representing yourself it is important that you know about the law and court process. Your case, or story, must be presented to the court in writing, on the correct forms and ‘affidavits’ (written statements of evidence). These 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 information you believe is wrong, and know the rules about evidence and questioning witnesses.
Are there any workshops I can attend?
If you are going to represent yourself at any stage of your court case, and especially at the final court hearing, you should go to the information sessions run by the family law courts. Call 1800 352 000 for more details.