| General |
Guideline : Cwth
Number: 1
Effective Date: 15/7/10
Law: Cwth Civil
|
| 1.1 |
Consideration of resolution processes other than litigation |
|
(1) |
In a Civil law matter under these guidelines, the Commission must consider making a Grant of Legal Assistance for an applicant for assistance to participate in dispute resolution services before it considers making a Grant of Legal Assistance to that applicant for Litigation Services at any stage in the proceedings. |
|
(2) |
The Commission may make a Grant of Legal Assistance for an applicant for assistance to participate in dispute resolution services at any stage of a matter. |
|
(3) |
The Commission may make a grant to investigate and report on the merits of a case. |
| 1.2 |
Assistance for Civil Proceedings other than those dealt with in these guidelines |
|
(1) |
The Commission may make a Grant of Legal Assistance for litigation where the applicant for aid falls within the category of disadvantaged client. |
|
(2) |
In determining if a client is disadvantaged the Commission may take into account: |
|
|
(a) |
the practical or material benefit/detriment/loss at risk |
|
|
(b) |
whether the matter is of such complexity that it could not be represented to the court without legal representation |
|
|
(c) |
whether the applicant's ability to communicate, and/or self-represent is affected by: |
|
|
|
(i) |
mental illness or impairment or |
|
|
|
(ii) |
physical disability or |
|
|
|
(iii) |
a first language other than English |
|
|
|
(iv) |
literacy levels |
|
|
(d) |
existence of financial stress/material deprivation |
|
|
(e) |
housing disability
Note: this may be indicated by homelessness or low income earners with private rental housing costs exceeding 30% of household income |
|
|
(f) |
remoteness of location and access to service providers |
|
|
(g) |
issues of joblessness and/or long term unemployment. |
| 1.3 |
Assistance for Damages Actions |
|
Where a civil law action may result in the applicant for assistance receiving an award of damages or property, the Commission will not ordinarily make a Grant of Legal Assistance if the Commission is satisfied from the material provided to it that: |
|
(a) |
the applicant is likely to receive damages or property if the action is successful, or |
|
(b) |
the action could reasonably be expected to be conducted under a conditional costs agreement or similar arrangement with a private legal practitioner, or |
|
(c) |
the applicant for assistance can obtain appropriate legal assistance from another source. |
|
|
|
|
|
|
Guidelines