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Legal Assistance

Frequently Asked Questions


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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