Policy Bulletin 2026/4: Contributions in SMT and ERA matters

30 July 2026

The Legal Aid NSW Board approved changes to contributions for Early Resolution Assistance and Simplified Means Test matters.

Background

Legal Aid NSW introduced the Early Resolution Assistance (ERA) service type in 2020 as an efficient and cost-effective means of providing legal representation in established, independent dispute resolution processes. ERA features streamlined eligibility criteria and reduced administrative requirements, and is available for early intervention mediation in Commonwealth family law matters and conciliations and mediations in certain civil law disputes. Currently, applicants are not required to pay a contribution except in ERA property matters where a client receives more than $30,000 in cash from a property settlement.

The Simplified Means Test was introduced in September 2025 as a clear and simple way to assess means in high volume, low-cost matters including Local Court summary crime matters and District Court appeals. From June 2026,  the Simplified Means Test also applies to civil law matters in the Administrative Review Tribunal and NSW Civil and Administrative Tribunal.

In response to increasing demand for legal services and budget pressures, the Board has approved a $75 initial contribution in all ERA matters. The Board has also approved an exemption for applicants in custody whose matters are assessed under the Simplified Means Test or ERA Means Test, recognising the practical and administrative challenges associated with collecting contributions from these clients. These changes support the ongoing delivery of legal services while maintaining efficient administration.

Start date

The changes apply to applications determined on or after 30 July 2026.

Contact

For further information, contact the Client Eligibility Unit at: T-CEU@legalaid.nsw.gov.au.