Appeals to the Legal Aid Review Committee A person applying for legal aid may appeal to the Legal Aid Review Committee if dissatisfied with: a determination of an application for legal aid a variation of a grant of legal aid that adversely affects a legally assisted person a decision to refuse to pay part of or all of the costs awarded against a legally assisted person a redetermination of application for legal aid a redetermination of a variation that terminates the provision of legal aid For some determination and variations there are no rights of appeal. The notice of appeal must be in writing and received by the Commission within 28 days of the date the appellant received notice of the right of appeal. The Legal Aid Review Committee may allow a longer time if satisfied there are special circumstances. An appellant may complete an appeal form or write a letter setting out the grounds of appeal. The legal aid reference number should be quoted. Section 57 of the Legal Aid Commission Act 1979 (NSW) provides for the adjournment of proceedings before a court if an applicant for legal aid has appealed or intends to appeal to the Legal Aid Review Committee. It should be noted that it is a matter of discretion for the court to decide whether an adjournment will be granted. A court exercising commonwealth jurisdiction, for example under the Family Law Act 1975, may override s57. In most matters an appeal will usually take six weeks from the time of lodgement of an appeal to a determination by the Legal Aid Review Committee. In urgent matters, for example where a final hearing will be shortly heard, the time frame may be shortened. The Legal Aid Review Committee is a body independent of the NSW Legal Aid Commission. The decision of the Committee is final and binds both the appellant and the Legal Aid Commission. For more information: Merily Matkowski (02) 92195 025

---

You are Required to Read the Copyright Notice & Disclaimer | Webmaster | Feedback

---

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.