Eligiblility

The criteria for the Scheme are:

• the applicant is resident in Victoria;
• the applicant satisfies the Scheme's means test (which is based on an applicant's income, their assets and liabilities and such other financial information as is required.
• the application has merit; (a good propect of success)
•  the assistance relates to:
  ·            proceedings instituted in courts and tribunals sitting, or arbitration or mediation proceedings conducted, in Victoria; or
  ·            matters that might give rise to such proceedings or have a necessary connection with Victoria, including any appeal or application for leave or special leave to appeal to an appellate court in such proceedings, wherever that application may be heard.

The assistance which can be sought from the Scheme includes the provision of legal advice, the drawing up or settling of pleadings, representation before a court or tribunal, or any other assistance which a barrister is ethically permitted to provide.

Procedure

• Telephone the Victorian Bar Legal Assistance Scheme on (03) 9225 6687 for an application form.
• An application form will be sent or faxed to the applicant.
• Return the completed application form and any necessary documentation to the administrators of the Scheme.

Assesment

When exercising their discretion to accept or reject an application for assistance, the administrators of the Scheme will apply the criteria set out above and consider the following factors:

• whether assistance should appropriately be obtained elsewhere;
• whether the assistance of a barrister is required;
• whether the assistance of a solicitor, as well as barrister, is also required; and
• the resources of the Scheme.

Solicitors

If the matter requires the involvement of a solicitor, the applicant must retain a pro bono (for free) solicitor before being granted a barrister under the Scheme. The solicitor must be obtained by the applicant or the Law Institute Assistance Scheme may assist the applicant in retaining a pro bono solicitor.