| Forum Test |
Guideline: State
Number: 29 (Part) Effective Date: 6/96 |
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| 6. | Forum and Reciprocity | ||
| 6.1 | The Forum Test | ||
| The Forum Test provides as follows: | |||
| The Commission in whose State/Territory the action is to be heard shall determine whether or not assistance shall be granted. The test provides that an application for legal assistance must be made to the Legal Aid Commission in the State/Territory in which the Court action will proceed. | |||
| Applicants subject to the Forum Test should be assessed against the eligibility thresholds applying in the State/Territory in which assistance is sought. | |||
| 6.2 | The Reciprocity Agreement | ||
| The Reciprocity Agreement provides as follows: | |||
| a. | Where the applicant for legal assistance is resident in a State/Territory and the grant of assistance relates to an action to be taken outside that State/Territory, the 'Forum Test' is to be applied and the question of assistance will be the sole responsibility of the Commission in the State/Territory in which the action is taken. | ||
| b. | Where a grant of legal assistance has been made to a resident in a State/Territory and the proceedings are transferred to a court or tribunal of the equivalent jurisdiction outside that State/Territory the grant of assistance will continue to be the responsibility of that Commission which will manage the file and will be responsible for any interstate agent's fees incurred, provided the relevant means and merit tests of the Commission continue to be satisfied. Should the jurisdiction change, the applicant will be required to make a fresh application. | ||
| c. | Where a person to whom legal assistance has been granted ceases to reside in a State/Territory but the proceedings have not been transferred, the grant of assistance will continue to be the responsibility of the Commission in the State/Territory in which the action is being taken. However, the quantum of the grant will be subject to review, particularly in regard to possible changes in the financial position of the grantee. | ||
| d. | Where a person to whom legal assistance has been granted ceases to reside in a State/Territory and the proceedings are also transferred to a forum outside that State/Territory, the grant will be transferred to the Commission in the State/Territory to which the proceedings are transferred. However, the grant will be subject to review, particularly having regard to possible changes in the financial position of the grantee and the merits and guidelines test of the transferee Commission. | ||
| e. | Where proceedings have been funded by one Commission and aid is transferred in accordance with paragraph (d) above, the new Commission will, on satisfactory conclusion of the matter, collect from the legally assisted person on behalf of the initial Commission, that proportion of the costs and outlays to which the initial Commission may have been entitled. | ||
| Applicants seeking assistance from a new Commission pursuant to the Reciprocity Agreement should be assessed against the eligibility thresholds applying in the State/Territory in which assistance is sought. | |||
