A charge on your house or property is a legal document that we ask you to sign. It gives Victoria Legal Aid security over the amount we spend on your legal problem. You will have to pay us back this amount when your property is sold or transferred or when you refinance or borrow money against your 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 getting legal assistance or at the end of your case.
Legal assistance is not always free. If we ask you to sign a charge, it will be a condition of your legal assistance. You should speak to your lawyer in detail about what a charge is and get their advice before you sign the legal document. If you do not agree and do not sign the charge, we may refuse to grant legal assistance or may cancel your legal assistance.
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, we will register a legal notice on your property at the Land Titles Office. This notice is called a caveat. It alerts people that we have an interest in your property. To register a caveat usually costs less than $100. This cost is added to the amount secured by the charge.
We may reconsider the requirement to sign a charge
Any requirement to sign a charge will be a condition of a grant of legal assistance. If you disagree with the condition, you can ask us to reconsider it. To do this, you or your lawyer must call or write to us by the date specified in our letter about your grant.
If you sell, transfer or borrow against your house
If you plan to sell, transfer or borrow against your house, you must tell us immediately. You must pay the amount you owe us at the time of the property sale, transfer or borrowing. Even if you buy another house, you will still have to pay Victoria Legal Aid, 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 money against your property.
How to remove the caveat
When you pay the money you owe us, we will give you the forms you need to remove the caveat. Removal of a caveat costs less than $100. You will have to pay this fee when the caveat is removed. You can choose to pay us back at any stage, not just when you sell, transfer or refinance your property.
Yearly review of your financial situation
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
How we can help
If we can’t help, we can refer you to other organisations that can.
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au
Reviewed 21 April 2022