Do I Qualify for Legal Aid in Victoria?

Burdon Legal Team
Oct 27
4 min read

Legal Aid exists for this exact reason: to ensure that your financial situation doesn't prevent you from getting a fair go.

Many people think Legal Aid is a complicated system or that it’s only for a select few. The truth is, it’s an accessible service designed to help everyday Victorians. As a private law firm that is an approved Victoria Legal Aid (VLA) panel practitioner, we help people navigate this process every day. This guide will break down what Legal Aid is, who it’s for, and how you can get the help you need, all in plain English.

What Exactly is "Legal Aid Work"?
The Two Key Hurdles: The Means Test & The Merit Test
What Types of Cases Does Legal Aid Cover?
How to Apply for Legal Aid in Victoria
Why Use a Private Firm for Your Legal Aid Case?
Frequently Asked Questions About Legal Aid

What Exactly is "Legal Aid Work"?

At its core, Legal Aid is a government-funded service that provides legal assistance to people who cannot afford to pay for a private lawyer. The goal is to ensure everyone has access to justice, regardless of their bank balance.

When you get a "grant of aid," it means VLA has agreed to pay for your legal representation. An important point many people don't realise is where that help comes from. Your case might be handled by:

An in-house lawyer who works directly for Victoria Legal Aid.
An approved private law firm (like us) that has been vetted and placed on a VLA panel to carry out Legal Aid work. This gives you a choice in who represents you.

The Two Key Hurdles: The Means Test & The Merit Test

To decide who gets assistance, VLA uses a two-part assessment. It might sound like bureaucratic jargon, but the ideas behind them are quite simple.

1. The Means Test: Can You Afford Your Own Lawyer?

This test looks at your financial situation. It’s designed to ensure that aid is given to those who genuinely need it. An assessor will look at:

Your Income: How much you earn from work, Centrelink, or other sources.
Your Assets: What you own, such as savings, property, or valuable items.
Your Dependents: Whether you are supporting a partner or children.

They compare your financial position to a set threshold. If you fall below that line, you pass the Means Test. If you are receiving government benefits and pensions you are usually eligible.

2. The Merit Test: Does Your Case Have a Reasonable Chance of Success?

This test assesses the legal details of your situation. The assessor asks questions like:

Is your case likely to succeed?
Will you get a tangible benefit from the legal action?
Is this something a reasonable person would spend their own money on?

For most criminal law matters, the primary concern is whether you are at risk of going to jail. For family law, it might be about protecting the best interests of a child. The goal is to ensure taxpayer funds are used on cases with genuine legal merit.

What Types of Cases Does Legal Aid Cover?

While Legal Aid aims to help as many people as possible, it has to prioritise certain areas of law. Generally, you can get help for serious matters involving:

Criminal Law: When you have been charged with an offence and there is a risk of imprisonment.
Family Law: For disputes involving parenting arrangements (custody), divorce, or family violence.
Child Protection: If the Department of Families, Fairness and Housing is involved with your family.
Some Civil Law Matters: Such as cases involving infringements, chief examiner, discrimination, tenancy, or where you are at risk of losing your home.

It's important to note that Legal Aid typically does not cover areas like personal injury claims, will disputes, fence disputes, or commercial business matters.

How to Apply for Legal Aid in Victoria

The process is straightforward, and you don’t have to do it alone.

Gather Your Documents: You'll need proof of your income (payslips or Centrelink statements) and details about your assets.
Complete the Application Form: You can get this from the Victoria Legal Aid website, a local courthouse, or an approved law firm.
Submit the Form: You can submit it online, by post, or in person.

Expert Tip (From First-Hand Experience): The easiest way to apply is to contact an approved private law firm on the VLA panel. We can help you with the paperwork, ensure it’s filled out correctly, and submit it on your behalf, taking the stress and guesswork out of the process.

Why Use a Private Firm for Your Legal Aid Case?

Choosing an approved private firm for your Legal Aid work offers several advantages. It gives you the ability to select a firm or a specific lawyer who has deep experience in the exact type of case you are facing. You can benefit from the resources and personalised service of a private practice, all while being funded by Legal Aid. It provides you with choice, control, and specialised expertise.

Frequently Asked Questions About Legal Aid

1. Is Legal Aid completely free?

Not always. Depending on your financial situation, you may be asked to pay an "initial contribution." This is a one-off payment that is significantly less than what a private lawyer would charge.

2. What if Legal Aid rejects my application?

You have the right to ask for the decision to be reviewed. An independent reviewer will look at your case. If you are still unsuccessful, you can seek assistance from a Community Legal Centre, or negotiate a private fee, you can afford.

3. How long does a Legal Aid application take?

It can vary from a few days for extremely urgent matters (like a bail application) to a few weeks for more complex cases. Submitting a complete and accurate application is the best way to speed up the process.

4. Can I choose my own lawyer with Legal Aid?

Yes. As long as the lawyer or law firm you choose is on the relevant Victoria Legal Aid panel, you can request them to take on your case.

You Don't Have to Face This Alone

The legal system is complex, but financial hardship should not be a barrier to justice. Legal Aid is a vital service that can provide you with the expert representation you need to navigate your case with confidence.

As an approved Victoria Legal Aid panel firm, we can assess your situation, help you with your application, and provide the dedicated legal support you deserve.