What does the Victorian Bar Pro Bono
Scheme do?
The Scheme aims to provide legal assistance in Victoria to
people in legal and financial need who cannot obtain appropriate
legal assistance from another source.
Who provides legal assistance through the
Scheme?
Legal assistance is provided through the Scheme by barristers
who are members of the Victorian Bar. The administrators of
the Scheme maintain a database of barristers who have expressed
their willingness to provide assistance on a pro bono basis
and whose practices cover a wide range of areas of law.
What sort of assistance is available through
the Scheme?
The application form asks you to outline the nature of the
legal problem for which you require legal assistance. Depending
on the nature of the matter, the resources of the Scheme and
the availability of barristers, a matter will generally be
referred to a barrister to provide assistance of a defined
nature. Some examples of the type of assistance that you may
receive through the Scheme are:
- a preliminary advice as to the prospects of the case;
- preparation of court documents; or
- representation at a hearing.
In some cases, it may only be possible to provide assistance
through the Scheme which is more limited in scope than the assistance
you request in your application.
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Do I need to have a solicitor involved
in my case before I can receive assistance from a barrister
through the Scheme?
Most cases require the involvement of a solicitor for the filing
of court documents, collection of evidence and other matters.
Therefore, before you can receive assistance from a barrister
under the Scheme, you will usually need to have a solicitor
acting for you. This is not always the case, as there are some
types of cases that do not require you to have a solicitor acting
for you. If you do not know whether your case requires a solicitor,
you should discuss this with the administrators of the Scheme.
If your case is one in which a solicitor is required and you
do not have a solicitor acting on your behalf, your case will
not be referred to a barrister through the Scheme until you
secure the services of a solicitor. You may know of a solicitor
who is willing to give you assistance for free or at a reduced
fee. The Scheme cannot assist you to find a solicitor, but the
administrators of the Scheme can suggest some other schemes
and organisations that may be able to help you to do so.
Who is eligible for assistance through
the Victorian Bar Pro Bono Scheme?
To be eligible for assistance under the Scheme, you must be
able to demonstrate to the administrators of the Scheme that:
- you have a legal problem requiring the assistance of a
barrister;
- your case has legal merit;
- you do not have the financial means to obtain legal assistance
from a barrister on a full fee-paying basis;
- you are unable to obtain appropriate legal assistance
from any other source (including other
legal assistance schemes); and
- you have made an application for legal aid (unless
it is obvious to the administrators that you are ineligible
for legal aid), and either that application has been
refused or no decision has been made in relation to the
application.
The information outlined above should be provided to the
administrators of the Scheme on the prescribed application
form. As part of that application, you will also be required
to provide information about your income, assets and financial
resources.
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Will I be eligible
for assistance through the Scheme if I am granted legal aid?
No. You will not be eligible for assistance through the Scheme
if:
- you are receiving legal aid at the time you make an application
to the Scheme; or
- if legal aid is granted to you after you submit an application
to the Scheme (in which case, you should
advise the administrators of the Scheme immediately).
You may be eligible for assistance through the Scheme even
if you have previously received legal aid, but have reached
the legal aid "cap" in relation to that matter.
You should tell the administrators of the Scheme if that is
the case. In special circulstances, you may be eligible.
Do the administrators of the Victorian Bar
Pro Bono Scheme provide legal advice?
No. The administrators of the Scheme do not provide legal
advice or perform any type of legal work on your behalf. The
Scheme is a point of first contact only. The function of the
administrators of the Scheme is to obtain legal assistance
for approved applicants.
If your matter is referred to a barrister through the Scheme:
- the Scheme does not accept any responsibility for the
outcome or handling of your matter; and
- you should direct all questions or concerns about the
legal aspects of the matter to the barrister.
Do I have a right to obtain assistance from
a barrister through the Scheme?
No. The Scheme is a purely discretionary scheme for the provision
of legal assistance. The Scheme’s administrators will
use their discretion to determine whether assistance can be
provided to a particular applicant.
Can I appeal against a decision by the Scheme
to refuse my application?
No. The administrators are not required to give you or any
other person reasons for accepting or rejecting your application.
Accordingly, the decision of the Scheme’s administrators
to accept or reject an application is final and is not subject
to any review.
If my application is accepted by the Scheme,
will I definitely be able to obtain assistance from a barrister?
You should be aware that even if your application is accepted
by the administrators of the Scheme, cases are referred to
barristers only on an "as available" basis. This
means that assistance can be provided only if there is a barrister
who is available and willing to take your matter on under
the Scheme.
In certain types of matters, the demand for assistance may
be greater than the available and willing barristers prepared
to take on matters under the Scheme (for
example, in cases of great complexity and length in family
law matters). In these instances, the administrators
of the Scheme will use their discretion to refer only those
cases which are most meritorious.
Do I need to pay any money to use the Scheme?
The service provided by the Scheme in assessing your application
is free of charge.
The Scheme refers cases to barristers who agree to act on
a pro bono basis, which means for free or at a reduced fee.
In some cases, a barrister may reserve the right to charge
you fees in certain circumstances.
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How do I know if the
barrister is going to charge me any fees?
If your matter is accepted by the Scheme for referral to a barrister,
the barrister must reach an agreement with you (and
your solicitor) about the basis on which the barrister
will assist you. The barrister may agree to provide assistance
to you:
- for no fee, regardless of the outcome of the case;
- on a reduced fee basis; or
- on a conditional basis, where you pay the barrister an
agreed fee if the outcome of the case is successful, or
if the other party is ordered by a court or tribunal to
pay legal costs.
The agreement between you and the barrister will include
details of what will be charged (if anything)
by the barrister, the method of charging and terms of payment.
The agreement should be in writing and signed by both you
and the barrister.
Will I have to pay any other fees or charges?
In most circumstances, you will be responsible for any disbursements
that arise during your case. The word "disbursements"
refers to expenses other than any professional legal fees
charged by your solicitor and barrister. These include filing
fees for documents (required by courts
and tribunals), court or tribunal daily sitting fees,
interpreters' fees, experts' fees, cost of transcripts and
travel expenses. In general, disbursements will be incurred
by you or your solicitor, rather than your barrister. It will
be your responsibility to pay all these disbusements, unless
you enter into another arrangement with your solicitor. Please
ask your barrister if you have any questions about this.
When can a barrister cease acting for me
under the Scheme?
If you receive assistance under the Scheme, you will be treated
in the same way as a person who can afford to pay a barrister’s
full fees. This means that the barrister can only cease providing
the agreed legal assistance to you in the circumstances outlined
in the Rules of Conduct of the Victorian Bar. Those circumstances
include, for example:
- if the barrister who is acting directly for you without
the assistance of a solicitor believes that it has become
necessary to have a solicitor involved in the matter and
you cannot obtain a solicitor to act for you; or
- if you or your solicitor reject or ignore the advice given
by the barrister in relation to the preparation or conduct
of your case; or
- if the barrister determines that the matter he or she
has been engaged to do may clash with another matter, or
has reasonable grounds to believe that there is a real possibility
that he or she will be unable to appear at a hearing or
do the work required by a matter.
If you wish to proceed with your application to the Scheme,
please complete the application
form and return it (along with any
relevant documents) to the administrators of the Scheme.
If there is insufficient space on the form, you may attach
additional information to the application.
All communication by you with the administrators of the Scheme
must be by telephone, fax or mail. The administrators will
keep confidential all information provided by you in your
application (including your financial
information), subject to such disclosure as may be
necessary for the purposes of administrating the Scheme.
What is the address for correspondence?
Victorian Bar Pro Bono Scheme
PO Box 16013
Collins St West VIC 8007
Ph: (03) 8636 4419
Fax: (03) 8636 4455
Email:
vbpbs@pilch.org.au
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