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Policies

6. Civil law matters - when legal aid is available

6.4. Loss of home - if there is a likelihood the applicant may lose their home

Legal aid is available in the circumstances set out below if there is a likelihood that the applicant for legal aid may lose their home.

6.4.1 Loss of home as a direct result of proceedings for which legal aid is sought

Legal aid is available if there is a likelihood that the applicant may lose their home as a direct result of the proceedings for which the applicant is seeking legal aid, for example:

  • ejectment proceedings
  • eviction proceedings
  • defending matters relating to a mortgagee's repossession of the legal aid applicant's home
  • proceedings relating to mortgage disputes
  • proceedings under Chapter 3 (Family Provision) of the Succession Act 2006 (NSW) in circumstances where there is a likelihood that the applicant may lose their home.

For legal aid to be granted in these types of matters the following tests must be satisfied:

See Civil Law Guideline 3.2 on  requirements to attend ADR.

See Civil Law Guideline 3.8 on grants of aid for test cases.

When legal aid is not available under this policy

Legal aid is not available under this policy for matters where the likelihood of the applicant losing their home is an indirect result of the proceedings for example, bankruptcy or claims for debts due where the applicant's home may have to be sold to meet a judgment or adverse costs order.

Legal aid is not available under this policy for proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW), or other legislation relating to tainted money/property even if there is a likelihood that the applicant may lose their home.

Legal aid may be available for Commonwealth proceeds of crime matters under Civil Law Policy 6.22.

See Civil Law Policy 6.26 on excluded matters.

6.4.2 Proceedings to protect a person's interest in the home

Legal aid is available if there is a likelihood that the applicant will lose their home and Legal Aid NSW considers that it is necessary to take proceedings to protect the applicant's interest in the home in which they normally reside.

This may include family disputes where there is a likelihood the applicant may lose their home in circumstances where the person has contributed financially or otherwise to the home.

Note: This may also include matters where the legal aid applicant is seeking to intervene as a third party in proceedings under the Family Law Act 1975 (Cth).

For legal aid to be granted in these types of matters the following tests must be satisfied:

See Civil Law Guideline 3.2 on  requirements to attend ADR.

See Civil Law Guideline 3.8 on grants of aid for test cases.

See Civil Law Policy 6.26 on excluded matters.

Last published: 24/01/2017