|
|
|
|
|
|
|
State Civil Law General Guidelines Alternative dispute resolution NSW Legal Aid encourages the use of litigation as a last resort for dispute resolution by promoting the use of alternative dispute resolution. Applicants for legal aid and persons to whom legal aid has been granted may be requested or required to participate in alternative dispute resolution programs under s33 of the Legal Aid Commission Act 1979 or as a condition of the grant of legal aid. Test Cases And Public Interest Cases Legal aid may be granted for test cases and public interest cases in any of the classes of matters for which legal aid is available. See also Public Interest Environment matters. Motor vehicle accident claims For matters under the Motor Accidents Act 1988 legal aid is not available by way of grant of aid, s33 authorisation or minor assistance for preparing a Notice of Claim form. Applications for legal aid will only be considered once entitlement to commence court proceedings arises under s52 of the Act. Grants of legal aid for instituting court proceedings under the Motor Accidents Act 1988 must date from the receipt by the Commission of
Lump sum grants Where appropriate, legal aid will be provided on the basis of a lump sum grant to cover professional costs and/or disbursements. In the case of grants for public interest environment matters, public interest matters and test cases, a s.47 indemnity under the Legal Aid Commission Act 1979 under the will apply to the lump sum grant, unless exceptional circumstances exist. Representation An application may be determined
When determining an application the Commission is to be satisfied that legal aid will be delivered in the most cost effective manner due to the expertise of
|
|
|
|