Charge or other security over an assisted person’s property

Victoria Legal Aid (VLA) can secure the payment of a contribution owed by an assisted person by:

• putting a charge or other security over property owned by the assisted person (or by any relevant financially associated person)
  and
• indicating the existence of the charge by placing a caveat (that is, a warning) on the title documents for the property at Land Victoria.

The purpose of the charge or other security over the property is to secure the future payment of the contribution to VLA by the assisted person if the person sells, or in some other way raises money on, the property.

Exemptions

VLA will not place a charge or other security over property owned by a person to whom VLA has made a grant of legal assistance for:

• a war veterans’ matter
• proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

This is because VLA does not apply the means test to people who fall within either of these categories and so does not require them to pay a contribution towards their legal costs.

VLA may also decide not to require a contribution from a person for a public interest case or test case.