Civil Law - General Information Applying for Legal Aid in a civil matter The following should be provided together with a completed Legal Aid application form: Verification of means. Statement of facts from the applicant. Copies of any pleadings. Copy of any advice already obtained from counsel. Copies of relevant correspondence and documentation. Copies of available medical or expert reports. The application form should be sent to the Civil Law Referrals Section of the Legal Aid Commission head office. Details are at the bottom of this page. Legal Aid is not free Under section 46 of the Legal Aid Commission Act 1979 and related policies the Commission is required to determine a final contribution payable by the legally assisted person. This will usually be the total of all costs, disbursements and counsel’s fees incurred. The determination is made by having regard to the financial circumstances of the legally assisted person. If the proceedings resulted in verdict or settlement money full recovery is usually required. If the proceedings result in an interest in property being acquired maintained or enhanced, the Commission may defer repayment subject to taking a charge over the property. Even if the legally assisted person does not recover money or an interest in property or the grant is terminated prior to conclusion of the proceedings, the Commission will examine their financial capacity to repay the cost of the legal services. Legal Practitioners' fee rates Fees payable to solicitors and counsel are assessed in accordance with the Commission’s fee rates for legal practitioners in civil matters which apply to work done from 1 July 1996. The two sets of fee rates as follows: Local Court and Other Tribunals; and All Courts (except Local and Family Court) and Nominated Tribunals. Indemnity for adverse costs Section 47 of the Legal Aid Commission Act 1979 applies to costs orders made against legally assisted persons. Refer to the provisions of the legislation. It should be noted that the statutory maximum referred to is currently $15,000 and that some matters are exempt from the section 47 indemnity. Section 47 applies only to State proceedings and does not apply to proceedings in Commonwealth Courts or Tribunals. Alternative Dispute Resolution A legally assisted person is required to actively co-operate in mediation if requested to do so by the Commission or any other party on the Commission’s behalf. LEADR (Lawyers Engaged in Alternative Dispute Resolution) provides mediators in legally aided matters at no cost to any party. Further Information You should refer to the Civil Law Index contained in this website. Booklets of the current Legal Aid Policies and Means Test Guidelines are also available from the Commission’s Legal Policy Unit Tel: (02) 9219 5921. For other enquiries in relation to applications for legal aid in civil law matters please contact: Civil Law Referrals Section NSW Legal Aid Commission 323 Castlereagh Street SYDNEY NSW 2000 Telephone (02) 9219 5880 Facsimile (02) 9219 5066 P O BOX K847 HAYMARKET NSW 1238 DX 5 SYDNEY

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.