Funding cases

If you need ongoing help from a lawyer we may be able to help you fund your case. We can do this by giving grants of legal assistance to people who can’t afford a lawyer.

A grant of legal assistance is money used to pay a Victoria Legal Aid (VLA) or private lawyer to help you with your legal problem. A lawyer can:

• give you legal advice
• help reach agreement for you
• prepare legal documents
• speak for you in court.

Frequently asked questions

How do I get a grant? 
Who can help me fill out the application form?
Who can get a grant?
How long does it take to get a grant?
Can I appeal a decision? 
Is there a limit to the amount I can get?
What are the conditions of a grant? 
If I get a grant, is it free?
How does my lawyer get paid?

How do I get a grant?

You need to fill in an application form to get a grant of legal assistance. The form has questions about your financial situation and your case.

You will also need to give us:

• proof of your income, such as your pay sheet or welfare benefits
• bank or credit union account statements for the last three months.

You can download this form below. You can also get the form from any VLA office, community legal centre and many private lawyers.

Who can help me fill out the application form?

VLA lawyers and private lawyers who do legal aid work can help you fill out an application form for free. This means that the lawyer will not charge you for:

• filling in the application form
• providing information that supports the application
• submitting the form.

Who can get a grant?

Grants are generally for criminal or family matters, but can be for some civil cases, such as immigration, social security, mental health or discrimination matters.

We have clear rules about who can get a grant. We look at:

• what you want legal assistance for
• if you are likely to win your case
• if helping you can benefit the public
• your financial situation using a means test.

The means test looks at:

• what money you get from work, welfare benefits or other sources
• if you own a car, home or anything else of value
• your weekly living expenses.

The test also looks at if you support anyone else, or whether they support you. These people are called financially associated persons. Their income and assets are also included when we work out if you get a grant.

How long does it take to get a grant?

Most applications for a grant of legal assistance are processed within five working days. To help us process your application quickly, make sure you complete the checklist at the end of the form before sending it in.

Can I appeal a decision?

Yes. If VLA rejects your application for a grant of legal assistance you can appeal the decision. You can also appeal:

• the grant conditions
• a decision to stop or change the grant
• the amount and method of paying the grant.

To appeal, you or your lawyer can ask VLA to reconsider its decision within 14 days.

If you are still unhappy with the decision, you can write to VLA and ask for an independent review. Your written request must be received within 21 days of the original decision. An independent reviewer will make their decision based on your grant application, your letter, other material in your file and VLA’s policies. An independent reviewer's decision is final.

If I get a grant, is it free?

Not always. The amount you may have to pay depends on your financial situation and is worked out from your financial details. You may be asked to:

• pay a contribution (see What is a contribution?)
• agree to a charge over any house or land you own or are buying (see What is a charge?).

Is there a limit to the amount I can get?

Yes, for some legal problems there are limits on the amount of the grant. This is called a cost ceiling. If you get a grant of legal assistance we will let you know what this limit is. You can also ask your lawyer.

It is important that you understand these limits. If your grant runs out and the case is not finished, you may have to finish your case without our assistance. You can ask us how much grant money you have left at any stage.

What are the conditions of grant?

The standard conditions of a grant of legal assistance are:

• You must tell us immediately if:
  • you change your address while you are getting a grant of legal assistance
  • there is any change in any information in your application
  • there are any other changes that may affect your eligibility.
• You authorise any lawyer who is acting for you, or who has acted for you, to give VLA information necessary for it to perform its functions under the Legal Aid Act 1978.
• If your lawyer gets any money for you while you are getting legal assistance they must immediately tell VLA. We may ask your lawyers to hold the money to cover your grant of legal assistance.
• If a court awards you costs, or another party agrees to pay costs to you, those costs are to be paid to VLA. VLA may stop or change your grant of legal assistance if you do not observe any of the conditions or follow the advice of your lawyer. If VLA stops legal assistance you may have to pay all legal costs up to that time.
• There may also be special conditions that are explained in the letter you get from VLA if you get a grant.

How does my lawyer get paid?

We pay your lawyer direct. It is an offence for your lawyer to ask you to pay any costs for legal aid work. If you get a bill from your lawyer contact us immediately.

How we can help

Call Legal Help on (03) 9269 0120 or 1800 677 402 (country callers) to find out about getting a grant of legal assistance.

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