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4.20 Matters for which legal aid is not available

Legal aid is not available for the following types of civil law matters:

  • matters in the Local Court where the amount in issue is $3000 or less
  • applications or appeals about applications under the Government Information (Public Access) Act 2009 (NSW) or the Freedom of Information Act 1982 (Cth). This does not include where the application is ancillary to a matter for which aid has been granted
  • any disputes with academic institutions other than disputes covered by other Civil Law policies (e.g. discrimination or consumer matters). 
  • proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW) and other legislation relating to tainted monies/property
  • defamation matters
  • occupational and recreational licencing reviews and appeals  

Injury and accidents

  • matters about damage to any property by a motor vehicle
  • matters involving medical negligence or public liability
  • matters involving personal injury, unless aid is available under some other policy for a matter in which personal injury is alleged as harm or damages
  • civil assault matters (not including assault by a person in a special position of authority: see Civil law policy 4.1.1 Breach of civil liberties) 
  • to a defendant who is objecting to or defending an Order for restitution under the Victims Rights and Support Act 2013 (NSW)

Business, tax and investment

  • matters which result from commercial and investment transactions conducted by the applicant for legal aid (Note: where the applicant is a parent who has acted as a guarantor for a child’s business loan, this will not be considered a matter that has resulted from a commercial and business transaction conducted by the applicant. See Civil law policy 4.11.1 Loss of home as a direct result of proceedings for which legal aid is sought)
  • tax disputes, other than those arising from fraud, elder abuse or Domestic or Family Violence

Neighbours, family and environment 

  • neighbourhood disputes
  • disputes with strata corporations  
  • disputes between individuals about property and money, other than disputes covered by other Civil Law policies (e.g. loss of dwelling where there is elder abuse).  
  • matters involving disputes between family members and former family members over property or money (Note: where there is a likelihood that an applicant will lose their home see Civil law policy 4.11.2 Proceedings to protect a person's interest in the home)
  • matters under the Succession Act 2006 (NSW) (family provision claims and Wills and Estates) (Note: where there is a likelihood that an applicant will lose their home as a result of these proceedings see Civil law policy 4.11.1 Loss of home as a direct result of proceedings for which legal aid is sought)
  • public interest environment matters
  • matters involving intra association disputes for example, between members of clubs or unions (associations)

Councils, planning and development 

  • building disputes
  • planning and development disputes  
  • disputes with Local Councils, other than disputes covered by other Civil Law policies (e.g. discrimination, employment)  

Date last published: 3 November 2025