Eligiblility
The criteria for the Scheme are:
§ the applicant is resident in Victoria;
§ the applicant satisfies the Scheme's means test, which is based on the applicant's income, their assets and liabilities and such other financial information as is required;
§ the applicant has a legal problem requiring the assistance of a barrister;
§ the application has merit (a good prospect of success);
§ the applicant is unable to obtain appropriate legal assistance from any other source (including other legal assistance schemes); and
§ the applicant has made an application for legal aid (unless it is obvious to the administrators that they are ineligible for legal aid), and either the application has been refused or no decision has been made;
§ the assistance relates to:
o proceedings of a court, tribunal, or mediation proceedings conducted in Victoria; or
o matters that might give rise to such proceedings including any appeal or application for leave or special leave to appeal.
The assistance which can be sought from the Scheme includes the provision of legal advice, the drawing up or settling of pleadings, representation before a court or tribunal, or any other assistance which a barrister is ethically permitted to provide.
The information outlined above is dealt with in details in the Bar Scheme’s Guidelines. Applications for assistance must be made on the prescribed application form. As part of that application, you will also be required to provide information about you income, assets and financial resources.
Procedure
-
Telephone the Victorian Bar Legal Assistance Scheme on (03) 9225 6680 for an application form.
-
If we determine that they may be eligible for assistance, an application form will be sent or faxed to the applicant.
-
Return the completed application form and any necessary documentation to the administrators of the Scheme.
Assessment
When exercising their discretion to accept or reject an application for assistance, the administrators of the Scheme will apply the criteria set out above and consider the following factors:
-
whether assistance should appropriately be obtained elsewhere;
-
whether the assistance of a barrister is required;
-
whether the assistance of a solicitor, as well as barrister, is also required; and
-
the resources of the Scheme.
Solicitors
If the matter requires the involvement of a solicitor, the applicant must retain a pro bono solicitor before being granted a barrister under the Scheme. The solicitor must be obtained by the applicant or the Law Institute Assistance Scheme may assist the applicant in retaining a pro bono solicitor.
|
