The Scheme aims to provide legal assistance in Victoria to people in legal and financial need who cannot afford to pay a solicitor or obtain assistance from another appropriate organisation.

How do I apply to the Scheme?

You must fill out an application form and provide us with any further information we request to assist us to assess your application. If you have difficulty filling out the form, call us on 9225 6675 and we will help you.

What happens when I apply?

Your application will be assessed by the Manager of the Scheme to determine whether you meet the Scheme’s criteria. If you meet the criteria, we will contact a solicitor who practises in the area of law in which you require assistance and, if possible, who practises in your local area. If the solicitor accepts the referral, we will inform you either by telephone or in writing. Our involvement ceases at this stage. It is then up to you to telephone the solicitor and make an appointment. After interviewing you, the solicitor will explain the extent to which he or she is able to assist you.

How is the information I give to the Scheme used?

The information is used to assess your application and refer your matter to a solicitor. All details provided by you will be treated confidentially and will not be disclosed except as may be necessary for these purposes.

What sort of assistance is provided under the Scheme?

The Scheme arranges all aspects of legal assistance provided by solicitors from advice to representation in Court. We are happy to consider applications in all areas of law. However, we do not take responsibility for compliance with any time limits in connection with your case.

Can I get legal advice from the staff of the Scheme?

No, the Scheme does not provide any legal advice. It only assesses the merits of your legal issue to determine whether a referral can be made to a volunteer solicitor.

Who provides the legal assistance under the Scheme?

Volunteer solicitors in private practice who are members of the Law Institute of Victoria provide the legal assistance under the Scheme. The administrators of the Scheme maintain a database of solicitors practising in a wide range of areas who are willing to work on a voluntary basis.

Once my case is referred, will the solicitor charge me anything?

Maybe. At your meeting with the solicitor (which will be free), he or she will advise you of the basis on which he or she is prepared to assist you. Under the Scheme, he or she may agree to provide assistance to you:

• at no cost, regardless of the outcome of the case; 
• on the basis that you are responsible for all out-of-pocket expenses; and/or 
• on the basis that he or she recovers fees to the extent of any costs awarded against the other party, if your case is successful.

Will there be costs if I lose my case?

If you lose your case, the Court/Tribunal could order that you pay the other party’s legal costs. These costs are not covered by the Scheme and will have to be paid by you.

How much will it cost to apply for assistance through the Scheme?

The service provided by the Scheme in assessing your matter and referring it to a solicitor is free.

Will there be any other costs?

Yes. Out-of-pocket expenses (often called disbursements) incurred by the solicitor assisting you are not covered under this Scheme. These may include charges for photocopying, filing fees, witness expenses, expert reports and barrister’s fees. Separate applications for assistance may be made to the Tribunal or Court (for waiver of filing fees), the Victorian Bar Legal Assistance Scheme (for barristers) and Law Aid (for general disbursements) but there is no guarantee that assistance will be provided.

Who is eligible for assistance under the Scheme?

To be eligible for assistance, you must (except in exceptional circumstances) demonstrate to the Manager of the Scheme that you:

• are a resident of Victoria or have a legal action which arose in Victoria;
• have a legal problem which requires the assistance of a solicitor; 
• have a legal problem which has merit (a reasonable prospect of success), 
• are unable to gain the assistance you need from any other source (including Victoria Legal Aid and other legal assistance schemes); and 
• satisfy a financial means test (you cannot afford to pay for legal assistance).

Do I have a right to assistance?

No. The Scheme is discretionary and there is no right to assistance. However, we will endeavour to assist all applicants who are eligible under the Scheme. Unfortunately, due to constraints on our resources, we cannot guarantee that we will always be able to locate a solicitor willing and able to provide assistance in every case. Generally, only one referral is made for each matter.

What if my case has time limits?

The Scheme is not responsible for complying with any time limits in connection with your case. You must take responsibility for these yourself.

Can I get assistance under the Scheme if I am eligible for Legal Aid or can receive help from another organisation?

No. The Scheme is a scheme of last resort. We assist people who cannot obtain the legal assistance they need elsewhere in the community. You must try to obtain assistance from any appropriate organisations, including:

• Victoria Legal Aid (most Victoria Legal Aid offices have free advice clinics each week);
• Community Legal Centres (you can make an appointment to see a lawyer for advice); or
• other community organisations or schemes (we would be pleased to talk with you about which organisations may be able to assist).

If the Scheme refuses my application, can I appeal?