Go to content

Policy Online

Merit test

Merit Test for Extended Legal Assistance

The Extended Legal Assistance Merit Test is the merit test applied in civil law matters.

The purpose of the Merit Test is to assess whether it is reasonable in all the circumstances to provide Extended Legal Assistance.

In deciding whether it is reasonable Legal Aid NSW will take into account amongst other issues:

  • the nature and extent of
    • any benefit that the applicant might expect to gain by receiving Extended Legal Assistance, or
    • any disadvantage or harm to the applicant that might result from being refused Extended Legal Assistance, and
  • Whether the applicant has reasonable prospects of success