Terminating aid scenarios

Scenario – no longer reasonable prospects of success

Amber has a grant of aid for a civil assault matter against the police in the NSW Supreme Court. She claims that she was beaten and injured while being dragged into a police van. Her lawyer has sent you an urgent email saying "We have received a new medical report. Counsel has had a look at it and no longer believes the matter has reasonable prospects of success. I will forward you the barrister's updated written advice as soon as I receive it."

Suggested action

Once you receive counsel's new advice, notify Amber in writing that you intend to terminate the grant for lack of merit, and give her an opportunity to make any submissions. Subject to the receipt of any submissions from the client, the grant of aid should be terminated if the matter no longer has reasonable prospects of success as it no longer satisfies the merit test.

Scenario – merit test where change of matter type

Grace has a grant of aid for family law proceedings. In her application for aid Grace writes that she is seeking 'spend time with' orders so that her daughter can stay with her overnight every second Saturday.

Prior to the final hearing you obtain a copy of the family report, which indicates that Grace is actually seeking 'live with' orders, and the report suggests that these orders have little prospect of success.

Suggested action

Notify Grace that on the basis that she is now seeking 'live with' orders you intend to terminate the grant for lack of merit, and give her an opportunity to make any submissions. Subject to the receipt of any submissions from the client, the grant of aid should be terminated if the matter no longer has reasonable prospects of success as it fails the merit test.