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7. Means Test

7.7. Applicant's ability to pay legal costs test

7.7 Applicant's Ability to Pay Legal Costs Test

In addition to satisfying the income test and the assets test, to be eligible under the means test, the applicant must also satisfy the ability to pay legal costs test.

An application for legal aid will be refused where Legal Aid NSW considers that the applicant can afford to pay their legal costs, taking into account the following matters.

7.7.1 The applicant's assets

  • the applicant's general assets, and
  • the applicant's ability to realise or secure a loan against his or her substantial fixed assets (including equity in principal home) and/or interest in business assets.

7.7.2 The applicant's lifestyle

  • information about the applicant's activities and interests
  • information about the applicant's general expenditure


Date Last Published: 23/12/2016