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:
- eviction
- 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.
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.
To be eligible for legal aid the applicant must satisfy:
- the Means Test, and
- the Merit Test
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). See Family Law Policy 5.6.1: property settlement matters.
Note: This may also include an applicant who is no longer residing in their home because of elder abuse.
To be eligible for legal aid the applicant must satisfy:
- the Means Test, and
- the Merit Test
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.
6.4.3 Tenancy matters
Legal aid is available to tenants for court or tribunal proceedings in tenancy matters, and may include the following types of matters:
- eviction
- tenancy disputes
- security of tenure
- protected matters
To be eligible for legal aid the applicant must satisfy:
- the Means Test, and
- the Merit Test
See Civil Law Guideline 3.2 on requirements to attend ADR.
See Civil Law Guideline 3.8 on grants of aid for test cases.
Last published: 05/12/2022