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4. Means Test
Policies
Directions
1. Criminal law matters
1.1. Introduction
1.2. What is appropriate expenditure of limited public funds?
1.3. Costs in indictable matters
1.4. Local Court committal proceedings - State criminal matters
1.5. Criminal law matters involving both Commonwealth and State law
1.6. Proceeds of Crime
1.7. Apprehended Violence Orders
1.8. Late applications
1.9. Restorative Justice Programs
1.10. Statutory and administrative financial assistance schemes by the Commonwealth Attorney-General - Administered by the Legal Aid Branch
1.11. Term of imprisonment
1.12. Criminal law policies
1.13. Exceptional circumstances
1.14 Assessing merit in appeals to the Court of Criminal Appeal
2. Family law matters
2.1. Introduction
2.2. Urgent matters
2.3. Family Dispute Resolution (FDR) Service
2.4. Independent children's lawyer and child representatives
2.5. Material change in circumstances
2.6. Child support or maintenance and spouse maintenance matters
2.7. Allegations of domestic violence
2.8. Family law costs management
2.9. Briefing counsel
2.11. Disputes relating to preservation of property
2.12. Significant disadvantage
2.13. Care and Protection matters
2.14. Single expert reports
2.15. Special circumstances
2.16. Special disadvantage
2.17. Statutory and administrative financial assistance schemes by the Commonwealth Attorney-General - Administered by the Legal Aid Branch
2.18. Substantial issue
2.19. Applicant in custody
2.20 Funding for drug testing
3. Civil law matters
3.1. Introduction
3.2. Alternative Dispute Resolution
3.3. Employment law matters
3.4. Visa cancellation matters
3.5. Lump sum grants for test cases and public interest matters
3.6. Motor accident matters
3.7. Proceeds of crime matters- Commonwealth only
3.8. Test Cases
3.9. Industrial relations matters
3.10. Commonwealth civil law matters
3.11. Statutory and administrative financial assistance schemes by the Commonwealth Attorney-General - Administered by the Legal Aid Branch
3.12. Consumer Protection matters and External Dispute Resolution
3.13. Fees in Veteran's matters
3.14. Public Interest
3.15. Legal Aid NSW Civil Law Policies
3.17. Family disputes
3.18. National Disability Insurance Scheme
3.19. Special circumstances
3.20 Breach of civil liberties
4. Means Test
4.1. Introduction
4.3. Granting aid when net assessable income is above the income limit or applicant does not satisfy Means Test
4.4 Financially associated person
5. Contributions
5.1. Paying Initial Contributions
5.2. Reducing or waiving an initial contribution
5.3. Refunding an initial contribution
5.4. Securing contributions with a charge over real property
5.5. Calculating the contribution to legal costs
5.6. Notifying the legally aided person of the contribution to legal costs
5.7. Costs assessment of private lawyers' costs
5.8. Reducing a contribution to legal costs
5.9. Assigning the right to recover costs
5.10. Refunding a contribution to legal costs
6. Legal Aid Review Committee Appeals
6.1. Introduction
6.2. Lodging an appeal
6.3. Preparing a report to the Legal Aid Review Committee
6.4. Deadline for delivery of appeal documents to the Legal Aid Review Committee Secretariat
6.5. Urgent matters
6.6. Where the Legal Aid Review Committee has deferred making a decision
6.7. Officer advising Legal Aid Review Committee
6.8. Meetings-during and follow up
6.9. Membership of Legal Aid Review Committees
7. Representation
7.1. Introduction
7.2. Determining requests for reassignment of criminal matters
7.3. Criteria to be considered when assigning a matter to the Homeless Persons Legal Service Advocate
8. Types of Grants of Aid
8.1. Introduction
8.2. Guideline for emergency grants of aid
9. Grants to community legal centres
9.1. Introduction
9.2. Legal practitioner/client fees
10. Costs and Fees
10.1. Introduction
10.2. Risk of liability for adverse costs in federal courts and tribunals
10.3. Written notice to other parties to proceedings about the effect of s47 of the Act
10.4. Method of paying section 47 costs
11. Forum Test and Reciprocity Agreement
11.1 Introduction
11.2 Forum test guide
11.3 The Reciprocity Agreement-principles of interpretation in Commonwealth family law
12. Terminating Legal Aid
12.1 Where a legally aided person no longer satisfies the relevant Legal Aid NSW Policy
12.2 Where a legally aided person no longer satisfies Legal Aid NSW Means Test
12.3 Where a legally assisted person no longer satisfies the relevant merit test
12.4 Where a legally aided person breaches a condition of the grant of legal aid
12.5 Where a legally aided person engages in violent or threatening behaviour
12.6 Where a legally aided person no longer wants the grant of aid
12.7 Where a legally aided person dies
12.8 Where a legally aided person suffers loss of capacity
12.9 General breakdown of lawyer/client relationship
12.10 Before terminating legal aid- notification requirements
12.11 After legal aid is terminated- notification requirements
14. Section 33 Payments
14.1 What are exceptional circumstances?
14.2 Paying the section 33 payment by instalments
14.3 What payment methods are available?
Guidelines
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4. Means Test
4.1. Introduction
4.3. Granting aid when net assessable income is above the income limit or applicant does not satisfy Means Test
4.4 Financially associated person
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