Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
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5 – Commonwealth civil law guidelines
- Guideline 1 – general guideline for Commonwealth civil matters
- Guideline 2 – social security and other benefits: administrative appeals
- Guideline 3 – assistance for migration cases
- Guideline 4 – equal opportunity and discrimination
- Guideline 5 – war veterans' matters
- Guideline 6 – other Federal Court and High Court proceedings
- Guideline 7 – Proceeds of Crime Act 2002
- Guideline 8 – extradition proceedings
- Guideline 9 – appeals
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Guideline 6 – other Federal Court and High Court proceedings
Assistance for certain matters if substantial benefit
Subject to the restrictions of the other Commonwealth civil law guidelines, VLA may make a grant of legal assistance for certain Federal Court or High Court proceedings if there is a strong prospect the person will gain substantial benefit.
The types of proceedings that may qualify are:
- appeals from decisions of the Administrative Appeals Tribunal
- initiating proceedings in the Federal Court, the Federal Magistrates Court or the High Court
- appeals in the Full Court of the Federal Court or the High Court.
Documentary requirements
Applications under this guideline can only be submitted via the standard grants assessment process.
A member of the section 29A practitioner panel or section 30 referral panel or other person seeking a grant of legal assistance should forward the following documents for assessment:
- a completed VLA application form
- after referring to guideline 6 and all available material, the lawyer’s assessment (if the application is made via a lawyer) and documentation that shows there is a strong prospect of benefit being gained by the person applying for the grant of legal assistance
- reference to how the matter meets the Commonwealth merits test
- relevant proof of means.