Guidelines Part 3 - Matter Type Guidelines Cwth Civil Law Matter Type Guidelines Guideline 7 Proceeds of Crime| Proceeds of Crime |
Guideline : Cwth
Number: 7 Effective Date: 15/7/10 Law: Cwth Civil |
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| 7.1 | Proceedings under the Proceeds of Crime Act 2002 | ||||
| (1) | The Commission may make a Grant of Legal Assistance to an applicant for assistance in relation to proceedings under the Proceeds of Crime Act 2002 if the applicant has property that is covered by a restraining order under the Act, or is likely to be covered by such an order. | ||||
| (2) | In assessing an applicant's eligibility under the means test for the purpose of determining an application for a Grant of Legal Assistance under this guideline 7.1, the Commission must disregard any property of the applicant that is subject to a restraining order or confiscation order under the Proceeds of Crime Act 2002, or is likely to be covered by such an order. | ||||
| (3) | In assessing an applicant's eligibility under the merits test for the purpose of determining an application for a Grant of Legal Assistance under this guideline 7.1, the Commission should disregard the appropriateness of spending limited public legal aid funds' test. | ||||
| (4) | The costs of providing legal assistance to an applicant for assistance under a Grant of Legal Assistance will be reimbursed to the Commission in accordance with sections 292 and 293 of the Proceeds of Crime Act 2002. | ||||
| (5) | The Commission must ensure that the costs claimed by it in accordance with guideline 7.1(4) are fair and reasonable, and in accordance with the Commission's usual fee scales for civil law matters. | ||||