Policies
6. Civil law matters - when legal aid is available
6.26. Matters for which legal aid is not available
Legal aid is not available for the following types of civil law matters:
- matters about damage to any property by a motor vehicle
- proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW) and other legislation relating to tainted monies/property
- proceedings under the Proceeds of Crime Act 1987 (Cth), or
- to a defendant who is objecting to or defending an Order for restitution under the Victims Rights and Support Act 2013.
- matters involving medical negligence or public liability
- matters involving personal injury, unless aid is available under some other policy for a matter in which personal injury is alleged as harm or damages
- matters under the Succession Act 2006 (family provision claims and Wills and Estates) (Note: where there is a likelihood that an applicant will lose their home as a result of these proceedings see civil law policy 6.4.1)
- matters which result from commercial and investment transactions conducted by the applicant for legal aid (Note: where the applicant is a parent who has acted as a guarantor for a child’s business loan, this will not be considered a matter that has resulted from a commercial and business transaction conducted by the applicant. See civil law policy 6.4.1)
- building disputes
- civil assault matters (not including assault by a person in a special position of authority: see civil law policy 6.6.1)
- matters in the Local Court where the amount in issue is less than $3000 or less
- defamation matters
- matters involving disputes between family members and former family members over property or money (Note: where there is a likelihood that an applicant will lose their home see civil law policy 6.4.2)
- matters involving intra association disputes for example, between members of clubs or unions (associations)
- neighbourhood disputes, and
- public interest environment matters
Date last published: 1/10/2019