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What is a charge?
A charge is a legal document that we ask you to sign so that VLA is paid back the grant money if you sell, transfer, refinance or borrow on your house or property. You can sign a charge even if you have a mortgage. We can also ask you to sign a charge if you obtain property while you are getting legal assistance or at the end of your case.
You still own your property. We will not force you to sell, refinance or move out of your home.
If you agree to sign a charge, VLA will register a legal notice on your property at the Land Titles Office. This notice is called a caveat. If you do not agree to sign a charge, we may stop your grant of assistance.
Will it cost me anything when VLA registers a caveat?
Yes. It usually costs less than $100. This cost is added to the amount of the charge.
What happens if I am going to sell, transfer or borrow against my house?
You must tell us immediately. You have to pay the amount you owe VLA. Even if you buy another house, you will still have to pay VLA, so it is best to contact us first to find out how much money you owe.
The Land Titles Office will tell us if you sell, transfer or borrow against your property.
How can I remove the caveat?
When you pay the money you owe us we will give you the forms you need to remove the caveat. You can choose to pay us back at any stage, not just when you sell the house.
Will I be asked to pay VLA back if I do not sell the house?
Each year you will be asked to fill in a financial statement. If your financial situation changes and we think you can afford it, we may ask you to make payments in the same way as a contribution (see What is a contribution?).
Get independent legal advice to help you decide whether you agree to the conditions of your grant.
How we can help
Call VLA Legal Information Service on (03) 9269 0120 or 1800 677 402 (country callers) to find out about getting a grant of legal assistance.
Related publications
| Who pays for grants of legal assistance? - PDF, 224.0kb Information sheet to help you understand how grants of legal assistance work and how you might be asked to pay back some or all of your legal costs |