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6. Civil law matters - when legal aid is available

6.2. Important conditions that apply to a grant of legal aid

Legal aid may be available for civil law matters in court or tribunal proceedings, including appeals if:

the civil matter comes within the Legal Aid NSW policies, and

the following tests are satisfied:

6.2.1 Civil law matters for which legal aid is available

Legal aid is available for limited types of civil law matters. The types of civil law matters an applicant can get legal aid for and the tests that Legal Aid NSW applies to decide whether an applicant qualifies for legal aid for a civil law matter are set out in this chapter commencing at section 6.4.

6.2.2 Availability of Funds Test in civil law matters

All applications for legal aid in civil law matters are subject to the Availability of Funds Test.

Legal aid will only be granted if Legal Aid NSW determines that sufficient funds are available. The Availability of Fund Test applies to decisions made by the Legal Aid NSW Board that certain state or Commonwealth matter types will not be funded for a specified period of time.

Date Last Published: 05/12/2022