Glossary
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Adverse costs order
A court order requiring a party to court proceedings to pay the other party or parties costs in relation to court proceedings. Costs in relation to court proceedings may include fees, disbursements, expenses and remuneration. -
Apprehended Domestic Violence Order (ADVO)
An order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). A person can apply to the court for an ADVO. The circumstances in which a court can make an ADVO are set out in Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 -
Assign
The process of allocating (or “assigning”) a grant of legal aid for the provision of legal services to a legal practitioner who is not employed by Legal Aid NSW or to a private law firm, or another organisation external to Legal Aid NSW (such as a Community Legal Centre) is called “assignment”. Legal Aid grants can be “assigned” to a private legal practitioner, law firm or other organisation. The power to assign legal work is under s12 of theLegal Aid Commission Act 1979 (NSW). -
Assigned
The process of allocating a grant of legal aid for the provision of legal services to a legal practitioner who is not employed by Legal Aid NSW or to a private law firm, or another organisation external to Legal Aid NSW (such as a Community Legal Centre) is called “assignment”. Legal Aid grants can be “assigned” to a private legal practitioner, law firm or other organisation. The power to assign legal work is under s12 of theLegal Aid Commission Act 1979 (NSW). -
Assigning
The process of allocating (or “assigning”) a grant of legal aid for the provision of legal services to a legal practitioner who is not employed by Legal Aid NSW or to a private law firm, or another organisation external to Legal Aid NSW (such as a Community Legal Centre) is called “assignment”. Legal Aid grants can be “assigned” to a private legal practitioner, law firm or other organisation. The power to assign legal work is under s12 of theLegal Aid Commission Act 1979 (NSW). -
Assignment
The process of allocating a grant of legal aid for the provision of legal services to a legal practitioner who is not employed by Legal Aid NSW or to a private law firm, or another organisation external to Legal Aid NSW (such as a Community Legal Centre). The grant of legal aid is “assigned” to the private legal practitioner, law firm or other organisation. Legal Aid NSW has power to assign legal work is under s12 of the Legal Aid Commission Act 1979 (NSW). -
Care proceedings(also known as “care and protection proceedings”)
Court proceedings commenced under Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998 (NSW). Usually the Director-General of the Department of Community Services (DoCS) is the applicant in care proceedings. The Court can make various types of care orders under Chapter 5, including emergency care and protection orders, assessment orders, interim care orders and final care orders. The Children's Court may make final care orders under Chapter 5 in relation to a child or young person provided that it is satisfied that the child or young person is in need of care and protection. These final care orders can include orders placing a child or young person under the parental responsibility of the Minister for Community Services, a parent or any other person, contact orders, orders for supervision and orders accepting undertakings. -
Centrelink
Centrelink is an Australian government agency that assists people to become self-sufficient and supports those in need. It provides payments and services to the Australian community on behalf of various government departments. For example, if you are unemployed you may be able to apply for and receive a payment while you are looking for work. -
Centrelink income support benefit
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Civil law matter
Matters that are not criminal law matters or family law matters are civil law matters for the purposes of Legal Aid NSW Policy Online. Legal aid is available to all applicants for some types of civil law matters if the applicant satisfies the required tests. See the civil law policy for a list of civil law matters for which legal aid is available to all applicants. Legal aid may also be available for an additional range of civil law matters if the applicant is at special disadvantage as set out in the civil law policy. -
Commonwealth family law matter
Any family law matter arising under a law of the Commonwealth. A Commonwealth Act of Parliament can be identified by “Cth” in brackets after the name of the Act e.g. Crimes Act 1900 (Cth). Legal aid may be granted for Commonwealth family law matters such as those arising under the Family Law Act 1975 (Cth); the Child Support (Assessment) Act 1989 (Cth); and the Child Support (Registration and Collection) Act (Cth). -
Commonwealth information order
Commonwealth information orders are a type of location order (see s67N). Location orders are court orders made under s67M of the Family Law Act 1975 (Cth). A location order requires a person or government agency to provide the court with information about a child's location. The family law policy sets out the tests which need to be satisfied for legal aid to be granted to an applicant seeking a location order. -
Commonwealth matter
Any legal matter arising under a law of the Commonwealth. A Commonwealth Act of Parliament can be identified by “Cth” in brackets after the name of the Act e.g. Family Law Act 1975 (Cth). -
Community Legal Centre (CLC)
Community Legal Centres (CLCs) are independent, non-profit organisations which provide referral, advice and assistance free of charge. Community Legal Centres are defined under s240 of theLegal Profession Act 2002 (NSW). See Grants of Legal Aid to Community Legal Centres for policies on granting legal aid to CLCs. -
Costs
Solicitor's fees and fees for other services required for the purposes of the conduct of the matter including fees that are commonly known within the legal profession as fees for "disbursements". Depending on the circumstances of the matter, disbursements may include expenses such as witness fees, court filing and hearing fees, interpreter's fees and fees for the service of court documents such as subpoenas. Disbursements also include barrister's fees.
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Cross-application (for an Apprehended Domestic Violence Order)
Where applications for Apprehended Domestic Violence Orders (ADVOs, also known as AVOs) are made by two parties against each other so that the defendant in one matter is the applicant in the other, the second application to be lodged with the court is known as a “cross-application” and the person who lodged the second application is known as a “cross applicant”. -
Debt
An amount of money that is owed by a legally assisted person will become a debt to the Legal Aid Commission of NSW if still unpaid at the conclusion of the grant of legal aid. -
Debt recovery unit
Part of the Financial Services Branch of the Legal Aid Commission of NSW. Its principal role is to collect outstanding contributions and final contributions. -
Disbursements
Fees for all services required in connection with a legal matter, apart from solicitor's fees, the payment of which is attended to by the legal practitioner conducting the matter (at the client's expense) are commonly known within the legal profession as “disbursements”.Depending on the circumstances of the matter, disbursements may include expenses such as witness fees, court filing and hearing fees, interpreter's fees and fees for the service of court documents such as subpoenas. A legal aid grant may cover these fees. -
District Court
A New South Wales Court created by the District Court Act 1973 (NSW). The full name for the District Court is the District Court of New South Wales. For further information, see the District Court's website. -
Duty work
Duty work does NOT include:· Committals, or · Matters where a plea of not guilty has been entered, or · Matters requiring expenditure -
Family Court
A Federal Court created by the Family Law Act 1975 (Cth). The full name for the Federal Circuit and Family Court of Australia.
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Federal Circuit Court
A Federal Court created by the Federal Circuit Court of Australia Act 1999 (Cth). The full name for the Federal Circuit Court is the Federal Circuit and Family Court of Australia.
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Federal Court
A Federal Court created by the Federal Court of Australia Act 1976 (Cth). The full name for the Federal Court is the Federal Court of Australia. For further information, see the Federal Court's website. Also see the definition of Full Court of the Federal Court in this Glossary. -
Final contribution
This is a sum of money a legally assisted person will be asked to contribute towards the cost of providing legal services by Legal Aid NSW under s 46 of the Legal Aid Commission Act 1979 (NSW) at the conclusion of a legally aided matter or when the grant of legal aid is terminated.The policies about final contributions are set out in the Contributions chapter. -
Full Court of the Federal Court
Consists of 3 or more judges sitting together to hear appeals from lower courts. See s14 of the Federal Court of Australia Act 1976 (Cth). Also see the definition of Federal Court in this Glossary. -
Grant of legal aid
If your application for legal aid is approved, you will receive a grant of legal aid. If you are granted legal aid, you may receive assistance from either a legal practitioner employed by the Legal Aid NSW or, in some cases, a private legal practitioner. Grants of legal aid may be available for legal representation and, in some cases, may cover other expenses such as the payment of interpreter's fees and payment for an expert's report. See types of grants chapter for the different types of grants of aid that are available. -
Grants Division
The Grants Division is a Division of Legal Aid NSW responsible for receiving, determining, assigning and managing applications for grants of legal aid in family, criminal and civil matters. -
High Court
The High Court is the highest court in Australia. The full name for the High Court is the High Court of Australia. It consists of the Chief Justice and six other Justices appointed by the Governor-General by commission. It was created by Section 71 of the Australian Constitution in 1901. For further information, see the High Court of Australia Act 1979 (Cth)and the High Court's website. -
In-house legal practitioner
A legal practitioner employed by the Legal Aid NSW with a NSW Practising Certificate. -
Initial contribution
This is a sum of money a legal aid applicant will be asked to contribute towards the cost of providing legal services as a condition of the grant of aid. Legal Aid NSW can request an initial contribution under s36 of the Legal Aid Commission Act 1979 (NSW) when a grant of legal aid is made.In most legal aid matters the person being legally assisted will be asked to pay an initial contribution towards the cost of providing legal services. The amount of the contribution depends on the applicant's financial circumstances and in some cases the type of matter for which aid is sought.The policies and guidelines about initial contributions are set out in the Contributions chapter. -
LARC (Legal Aid Review Committee)
Legal Aid NSW has established five Legal Aid Review Committees under s53 of the Legal Aid Commission Act 1979 (NSW). These committees are also known as LARC. The Committees determine appeals about legal aid applications and grants of legal aid. Two of the Committees, the Family Law Legal Aid Review Committees, specialise in appeals in family law matters. -
Legal aid applicant
A person who has applied for a grant of legal aid. -
Legal Aid Commission of New South Wales
Legal Aid NSW is constituted under the Legal Aid Commission Act 1979 (NSW). It is a statutory body with the principal function of providing legal aid and other legal services in accordance with the Legal Aid Commission Act 1979 (NSW). -
Legal Aid NSW
All references to “Legal Aid NSW” in Legal Aid NSW Policy Online are references to the Legal Aid Commission of New South Wales. -
Legally assisted person
A person who has received or is receiving a grant of legal aid from the Legal Aid NSW. -
Local Court
A New South Wales Court created by the Local Courts Act 1982 (NSW). The full name of the Local Court is the Local Court of New South Wales. For further information, see the Local Court's website. -
Location order
Location orders are court orders made under s67M of the Family Law Act 1975 (Cth). A location order requires a person or government agency to provide the court with information about a child's location. Commonwealth information orders are a type of location order (see s67N). The family law policy sets out the tests which need to be satisfied for legal aid to be granted to an applicant seeking a location order. -
Migration matters
Legal matters concerning migrants. “Migrants” in this context are people who have chosen to move to Australia from another country, either permanently or for a period of time. It also includes people who have arrived as refugees to Australia. -
NCAT
The full name for NCAT is the New South Wales Civil and Administrative Tribunal. This Tribunal integrates 23 pre-existing NSW tribunals and other bodies into a single tribunal. The Tribunal commenced operation on 1 January 2014 and now provides a single gateway for tribunal services in NSW. The Tribunal was created by the Civil and Administrative Tribunal Act 2013. For further information see the New South Wales Civil and Administrative Tribunal website. -
New South Wales Court of Appeal
The New South Wales Court of Appeal is the highest civil court in New South Wales. It hears appeals from civil proceedings from the Supreme Court; the District Court; the Land and Environment Court -
New South Wales Court of Criminal Appeal
The Court of Criminal Appeal is the highest court in New South Wales for criminal matters. It hears appeals in criminal proceedings from the Supreme Court; the District Court and the Land and Environment Court in its criminal jurisdiction. For further information, see the Supreme Court's website. -
Private legal practitioner
An Australian legal practitioner who holds a current NSW practising certificate and is either a sole practitioner, an employee of the law firm or a partner of the law firm.An “Australian legal practitioner” is defined in s6 of the Legal Profession Act 2004 (NSW) as “an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate”.“Australian lawyer” is defined in s5 as “a person who is admitted to the legal profession under this Act or a corresponding law”. -
Public defender
A salaried barrister, independent of the government, who appears in serious criminal matters for clients who have been granted legal aid. For further information, see the Public Defenders Office website. -
Public Interest
The following are some guiding principles about the meaning of public interest:1. Public interest is something of serious concern common to the public at large or a significant section of the public, such as a disadvantaged or marginalised group.2. For something to be of “public interest” it must amount to more than a private right or individual interest, although the two may coincide.3. For something to be of “public interest” it must amount to more than something merely “of interest to the public”, although again, the two may coincide.4. There may be competing public interests in any one case that have to be weighed against each other. -
Recovery order
Recovery orders are court orders made under s67 of the Family Law Act 1975 (Cth). A recovery order (defined in s67Q) may authorise and direct the police to find and recover a child and return him or her to the care of a parent, a person with parental responsibility or a person with a parenting order in their favour (certain types of parenting orders only). The family law policy sets out the tests which need to be satisfied for legal aid to be granted to an applicant seeking a location order. -
State matter
For the purposes of Legal Aid NSW policies as set out in Legal Aid NSW Policy Online, a “State matter” is a legal matter arising under a law of the state of New South Wales. A New South Wales Act of Parliament can be identified by “NSW” in brackets after the name of the Act e.g. Crimes Act 1900 (NSW). -
Supreme Court
A New South Wales Court created by the Supreme Court Act 1970 (NSW). The full name of the Supreme Court is the Supreme Court of New South Wales. For further information, see the Supreme Court's website. -
Write-off
A contribution or final contribution which is still owing at the conclusion of the grant of legal aid, but is now considered to be either partially or totally irrecoverable, can only be settled for a lower amount or reduced to zero by way of a write-off under the Public Finance & Audit Act 1983 (NSW) (or part of the debt if the amount is reduced to a lower amount or the whole of the debt if the amount is reduced to zero).