How to Apply for Legal Aid in Family Law Cases in Australia

In Australia, Federal and State Government agencies have been established to support citizens in under-resourced communities maintaining access to quality legal services. For Melbournians, legal aid is accessible through Victoria Legal Aid (VLA), and includes a wide variety of services, including access to Family Dispute Resolution Services as well as general support prior to and during court proceedings, and access to community legal education and support services, including access to the Legal Aid law library.   

These support services help Victorian families maintain access not only to legal representation but also to non-legal advocacy. Ultimately, Legal Aid helps Victoria’s legal system evolve to meet the shifting needs of Australian families and to support our legal processes in staying safe, accessible, and inclusive for all Victorians.  

In Victoria, Legal Aid works tirelessly to provide much-needed support for families tackling Family Law matters like financial settlements, and offering empathetic insights into cases involving children like child custody matters. However, VLA has limited resources and thus, a limited capacity to offer their services for all Victorian families and households in need. As a result, Victorians must apply for Legal Aid, following processes designed to assess their eligibility, and streamline their access to support.  

Below, our Family Lawyers at Oxford Partners Lawyers have outlined how Melbourne families can apply for Legal Aid, as well as more information on how eligibility is assessed, and what services are available for those seeking legal support in Victoria.

Who is eligible for Legal Aid in Australia?

Only citizens that fall within a set parameter of financial circumstances and who require legal assistance relating within a detailed list of legal matters will be eligible to receive Legal Aid in Australia.  

In Victoria, legal problems must meet a reasonableness test called a merits test to determine whether those circumstances would benefit from receiving ‘a grant of legal assistance’ (i.e. for VLA to pay for a lawyer and/or other legal services to offer the support required).   

As per the Victoria Legal Aid website, the merits test typically considers the following criteria:  

• The estimated benefits to you (and the public) resulting from a grant of legal assistance
• Whether those benefits justify the cost/s of that legal assistance
• The estimated likely harm to you if the grant of legal assistance is refused
• Whether the court proceedings are likely to result in a positive outcome for you
• The general financial risk of providing the grant of legal assistance
• Whether it is in the interests of justice to have that grant provided
• Whether there are reasonable grounds for an appeal in instances where the legal problem is a criminal appeal

How do I qualify for Legal Aid in Victoria?

To qualify for Legal Aid in Victoria, you must first complete VLA’s means test to assess your financial circumstances.  

In Victoria, eligibility to qualify for Legal Aid depends on meeting requirements outlined in the VLA means test to get a grant of legal assistance. The means test assesses financial information like your income, assets, and expenses to determine whether you and anyone else who gives you financial support (i.e. a spouse/partner, or family member, etc.), meets the financial circumstances to justify receiving a grant of legal assistance rather than securing legal assistance privately and independently.  

Some of the considerations taken into account by the means test includes:  

• Total income (i.e. weekly/fortnightly/monthly pay received from employers, welfare benefits, and all other sources of income)
• Weekly living expenses (i.e. for individuals or households in the context of Family Law matters)
• Dependents (i.e. children and other family members that rely on you for care or financial support)
• Assets (i.e. property, vehicles, or any other assets of substantial value)

How to apply for Legal Aid: Step-by-step

The process of applying for Legal Aid is designed to be easy and intuitive, supporting Victorians in need in accessing the support they need promptly and efficiently.  

Here’s how you can apply for Legal Aid in five simple steps. Note that this process can be completed independently, or with support from your Family Lawyers and/or legal specialists from Victoria Legal Aid.

Step 1: Consult with your lawyer or contact Legal Aid directly

If you’re working with a Family Lawyer who’s already accredited under VLA’s Family Law panel (like we are), then you can commence your Legal Aid application process by first consulting with your lawyer and determining what work or services you will need covered by the grant of legal assistance.  

Note: VLA also recommends individuals seeking a grant for legal assistance contact their offices directly to discuss their legal matter and eligibility for a grant. Representatives from VLA can confirm for you over a phone call whether your circumstances may position you to meet eligibility requirements. If it’s clear that you are unlikely to meet eligibility requirements from this preliminary phone call, Legal Aid representatives may recommend you don’t fill out the grant application. If, however, you still feel you may be eligible even following a preliminary discussion with Legal Aid representatives, consider consulting with your Family Lawyer.

Step 2: Fill out your application and send via post or email

The application form for a grant of legal assistance is readily available on the Victoria Legal Aid website. The application process consists of the formal application form, as well as the attachment of relevant financial documents (i.e. bank statements, payslips, tax returns, pensions, etc.) and legal documents (i.e. court orders, charge sheets, etc.).  

Once this application and the accompanying relevant financial and legal documents have been attached, you can submit your application via email to grants@vla.vic.gov.au, or by postage to the Grants and Quality Assurance offices, the address of which is available at the VLA website.

Step 3: Accept your offer of a grant for legal assistance

Once VLA have assessed your application, they can either reject or approve your request for a grant of legal assistance. If they approve your application, they’ll send a grant letter that outlines:  

• What assistance they will pay for (i.e. the ‘cost ceiling’ of your grant)
• Any conditions surrounding the grant
• Your obligations to them as a grant recipient
• Your lawyer’s name and contact details
• The date your assistance begins
• Your rights if you do not agree with the nature or extent of your legal assistance, or conditions imposed.

  If you accept the value and conditions of your grant, you can continue onto Step 4 below.

Step 4: Process any necessary contributions and charges

Confirming your acceptance of your application for Legal Aid may require you to process contributions and charges, these being payments towards the cost of your lawyer that aren’t covered by your grant. Details surrounding any necessary contributions and charges will be outlined in your grant letter, so it’s recommended that you contact VLA directly and consult with your lawyers if you need any additional information on contributions and charges outlined under the conditions of your grant.

Step 5: Select your lawyer from the practitioner panel

The final step of the process of applying for Legal Aid is simply selecting your legal representatives from VLA’s list of practitioner panels.  

If you don’t have a lawyer, VLA will allocate a firm or specialist from their practitioner panel that aligns with your Family Law matter.

What does Legal Aid cover?

Legal Aid is designed to cover some or all of the following types of work provided by a lawyer:  

• Legal advice
• Support with dispute resolution
• Preparation of legal documents (i.e. custody arrangements, financial disclosures, etc.)
• Court representation

Alternatives to Legal Aid

If you fail to qualify for Legal Aid, there are other alternatives to securing access to the support you need. Some of the options that may be available to you include:

Pro bono schemes and flexible payment options

Family Law firms across Victoria may provide pro bono legal advice and other services with flexible payment options for families navigating Family Law matters.  

Explore our flexible payment options designed to accommodate our local clients at Oxford Partners Lawyers.

Law Institute of Victoria (LIV) referrals

The Law Institute of Victoria manages a ‘Find A Lawyer’ referral service that helps connect Victorians with suitable lawyers for a free 30 minute consultation. These consultations can be beneficial for discussing legal matters, and gaining a clear understanding of the pathways and options available to you when taking legal action.

Justice Connect

Justice Connect works in partnership with the Supreme Court to deliver legal support for individuals who are looking to bring a proceeding to the Court. Like VLA grants for legal assistance, access to the free legal support and services offered by Justice Connect is contingent on meeting the organisation’s eligibility criteria.   

Learn more at the Justice Connect website here.

Community Legal Centres (CLCs)

CLCs are independent community organisations that are designed to provide free legal services to local community members that may be experiencing economic or social hardships and may not be able to access legal services independently as a result. Neighbourhood justice centres are a strong example of local CLCs.  

You can find a full directory of Victoria’s CLCs at the Federation of Community Legal Centres website here.

Victorian Aboriginal Legal Service (VALS)

Designed to provide legal aid services to Aboriginal and Torres Strait Islander peoples in Victoria, the VALS operates across both Melbourne and regional Victoria, offering services to all who meet their eligibility requirements.  

Learn more about the VALS at their website here.

Djirra Legal Service Program

With a focus on family violence and related Family Law matters (i.e. intervention orders), the Djirra legal services are designed expressly to support Aboriginal and Torres Strait Islander people who are currently experiencing or have recently experienced family violence.

Q+ Law (Victorian Pride Centre)

For individuals looking to secure free legal support for LGBTQIA+ Family Law matters, look to the Q+ Law program facilitated by the Victorian Pride Centre. Alongside offering support with LGBTQIA+ Family Law, the Q+ Law program also provides general in-person and remote support and services operated by trained legal specialists with strong working knowledge of existing barriers to legal support for LGBTQIA+ citizens.

Secure support from Oxford Partner Lawyers for all Family Law matters

At Oxford Partners Lawyers, we recognise that Family Law costs aren’t always easy for Melbourne families to accommodate, especially for households that are currently navigating a marriage separation. As such, we take efforts to make sure our services stay not only empathy-driven, but also sustainable and accessible.  

Alongside offering a free 30-minute preliminary consultation, our dedicated Family Lawyers are also proud to be listed on the practitioner panel with VLA, supporting their efforts to ensure that all Victorian families can maintain access to high-quality legal services.  

If you’d like to work with Oxford Partners Lawyers under a Legal Aid agreement or would like our expert assistance with navigating a Legal Aid grant application, then don’t hesitate to contact us at (03) 9670 7577 to make an appointment at our Melbourne office.

Legal Aid FAQs

• Is legal aid free?

No, legal aid is not always free. In some cases, contributions and charges may be required to cover the costs of legal services that surpass the cost ceiling of your grant agreement.  

• How much legal aid am I eligible to receive?

In your grant letter, Victoria Legal Aid will outline what the cost ceiling of your grant will be, and why that limit has been set. If you have any questions surrounding the limitation of your legal aid, Victoria Legal Aid recommends consulting your lawyer.  

• How does my lawyer get paid in legal aid arrangements?

Your lawyer will be paid directly by the Victoria Legal Aid. Note that your lawyer cannot legally ask you as their client to pay for any of the services that are covered under a grant of legal assistance.   

• What are the conditions for receiving legal assistance from Victoria Legal Aid?

Standard conditions of legal assistance are as follows:  

1. You must tell VLA immediately: 

(a) if you change your address while you are either receiving legal assistance or while you owe money to VLA  (b) there is any change in any information in your application (c) there are any other changes that may affect your eligibility. 

2. You allow your lawyer to give us any information we need to carry out our functions under the Legal Aid Act 1978. 
3. Your lawyer must tell us if they receive any money on your behalf. 
4. If you receive money following a court case (other than for damages), you must give this money to us.

  Failure to follow these conditions may result in termination of your grant of legal assistance, which may involve you paying some or all of the costs of your case up to the point of the termination of your grant.  

• How do I request reconsideration of my grant decision?

If you are dissatisfied with your grant letter, you have 14 days to formally request in writing that Victoria Legal Aid reconsider their decision and outline your reasons for the reconsideration. Upon receiving this request, Victoria Legal Aid will review and respond with confirmation of whether they will be changing their decision, or whether it will remain the same.  

If you are still dissatisfied following their response, you can request a review of your grant application from an independent, third-party reviewer. This independent review (external to Victoria Legal Aid) must be requested in writing within 21 days of the initial decision and grant letter. The independent reviewer will assess your original application, the grant letter, and other relevant provided materials and documentation to make a final impartial decision.