Go to content


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