![]() ![]() The first is filling out the detailed application form. The scheme is for people whose household income is below $1,000 a week before tax. The NSW Bar Association runs its own Legal Assistance Referral Scheme, which tries to meet an individual’s request for legal support with the barrister or mediator best suited for their particular case. Those interested in this service can apply online. Matters that it takes on include AVOs, criminal law, divorce and immigration services for refugees, while it doesn’t provide assistance for defamation cases, car accidents or personal injury claims. ![]() Then they must satisfy a means test, their matter must be of merit or have a reasonable chance of success, and it must be the type of case the scheme covers. ![]() The society can put eligible people in contact with law firms that are willing to provide their services for free or at reduced rates.Īnd what makes an individual eligible for these services is firstly, having been rejected by Legal Aid. And the professional association operates its own Pro Bono Scheme. The Law Society of NSW represents the interests of the almost 30,000 solicitors in this state. And a judge may refer an individual to the Pro Bono Panel based on their circumstances. These included the NSW Supreme Court Legal Assistance Scheme, the NSW District Court Scheme, as well as the Federal Court Legal Assistance Scheme and one that applies to the Federal Circuit Court. Under the provisions of regulation 7.36 of the Uniform Civil Procedure Rules 2005, if a court believes it’s in the “interests of the administration of justice”, a litigant can be referred to a Pro Bono Panel barrister or solicitor for legal assistance. ![]() And this service is available via appointment.Ī number of courts run their own pro bono schemes. So, for individuals who have either decided to or have found themselves in a position where they have to self-represent before a magistrate, they can have the registrar explain the court process to them. However, these registrars don’t provide legal advice or representation in court. Most full-time Local Courts provide a chamber service, which involves a registrar or deputy registrar, who can provide assistance to members of the public with procedures and applications. And it’s an essential part of the Australian legal system.įor disadvantaged people seeking pro bono legal assistance there are three main avenues they can take: court-based schemes, programs carried out by professional legal bodies, and community legal centres. Pro bono work involves lawyers providing their services free of charge or at dramatically reduced rates. And the number of these people is growing every year.īut, for those who do fall between the cracks in the NSW legal system, there is a third option. And those who can’t afford a lawyer and are turned away by legal aid fall into what’s known as the justice gap. Legal aid is the provision of assistance to people who can’t afford the services of a regular lawyer. And what it means is that the Legal Aid NSW criteria applying to cases it takes on have grown increasingly restrictive over the last decade. These criticisms over the lack of federal government funding allocated to legal aid are nothing new. The Law Council of Australia warned in July that legal aid funding is at “ breaking point”, following a high-profile murder trial in NSW having to be postponed because of the deplorably low pay rates that simply weren’t attracting barristers that could handle such a case. ![]()
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