Go to content

Housing – Loss of home

see also Tenancy

Is legal aid available?

Legal aid may be available in certain circumstances where there is likelihood that the applicant may lose their home in the following situations;

  • as a direct result of the proceedings for which the applicant is seeking aid, for example;
    • ejectment proceedings
    • eviction proceedings
    • defending matters relating to a mortgagee's repossession of the applicant's home
    • proceedings relating to mortgage disputes
    • family provision matters under Chapter 3 of the Succession Act 2006 (NSW) in circumstances where there is a likelihood that the applicant may lose their home.

Note: Legal aid is not available for matters where the applicant losing their home is an indirect result of the proceedings for example, claims for debt due where the applicant's home may have been sold to meet a judgment or adverse costs order.

  • 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 likelihood the applicant may lose their home where the person has contributed financially or otherwise to the home.

Legal aid is not available for building disputes or disputes which result from commercial or investment transactions conducted by the applicant even if there is likelihood that the applicant could lose their home.

Legal aid is not available for ordinary disputes between family members over property and money.

For more information see the following Legal Aid NSW publications: