5 – Commonwealth civil law guidelines

Victoria Legal Aid (VLA) may make a grant of legal assistance where a person meets the relevant guideline in relation to the following Commonwealth civil law matters being heard or determined in Victoria:

• social security matters and disputes and cases involving other Commonwealth pensions, benefits or allowances:
  • mediation or investigation and report by counsel on the merits of a case (Commonwealth civil law guideline 1.1)
  • representation in an appeal to the Administrative Appeals Tribunal (Commonwealth civil law guideline 2)
  • appeals from decisions of the Administrative Appeals Tribunal (Commonwealth civil law guideline 6)
• war veterans' matters:
  • an appeal to the Administrative Appeals Tribunal from certain decisions of the Veterans’ Review Board (Commonwealth civil law guideline 5)
  • appeals from decisions of the Administrative Appeals Tribunal (Commonwealth civil law guideline 6)
• action for damages under Commonwealth law:
  • mediation or investigation and report by counsel on the merits of a case (Commonwealth civil law guideline 1.1)
  • in some circumstances, initiating proceedings in the Federal Circuit Court, the Federal Court or in the High Court (Commonwealth civil law guideline 6)
  • appeals from a court decision involving an action for damages (Commonwealth civil law guideline 9)
  • see Commonwealth civil law guideline 1.3 for limitations on funding for damages actions
• migration:
  • mediation or investigation and report by counsel on the merits of a case (Commonwealth civil law guideline 1.1)
  • in some circumstances initiating proceedings in the Federal Circuit Court, the Federal Court or in the High Court (Commonwealth civil law guideline 6)
  • in some circumstances, appeals from a court decision in a migration matter (Commonwealth civil law guideline 9)
  • see Commonwealth civil law guideline 3 for limitations on funding for migration cases
• discrimination or equal opportunity matters and consumer protection matters:
  • mediation or investigation and report by counsel on the merits of a case (Commonwealth civil law guideline 1.1)
  • initiating proceedings in the Federal Circuit Court, the Federal Court or in the High Court (Commonwealth civil law guideline 6)
  • appeal from a court decision in a discrimination or equal opportunity matter, or a consumer protection matter (Commonwealth civil law guideline 9)
  • see Commonwealth civil law guideline 4 for limitations on funding for equal opportunity and discrimination cases
• extradition proceedings:
  • extradition proceedings under section 19 of the Extradition Act 1988 (Cth) (Commonwealth civil law guideline 8)
  • an appeal under section 21 of the Extradition Act (Cth) (Commonwealth civil law guideline 8)
• proceeds of crime: proceedings under the Proceeds of Crime Act 2002 (Cth) (Commonwealth civil law guideline 7)
• appeal of a court decision in a Commonwealth civil law matter (Commonwealth civil law guideline 9).