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Legal Assistance

Frequently Asked Questions


What does the Victorian Bar Legal Assistance 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 Legal Assistance 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 Legal Assistance 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