Costs

Even if you have legal aid, you are still required to pay some or all of the cost of your case. Legal aid is not free. You must pay your lawyer a contribution to your legal aid costs at the start of your grant of legal aid. The contribution will be at least $70 for family law matters and $50 for all other matters, but it can be much more than this, depending on your circumstances. Your lawyer does not have to do any work for you until you have paid this.

You may also be asked to pay further contributions for your legal aid as your case progresses. If you need more information about how your contribution is worked out, contact the Legal Services Commission (Legal Services).

If you think the contribution is too much, you can ask Legal Services to review it. Your solicitor cannot change the contribution. This is a matter for Legal Services to decide at your request.

If you are entitled to any money from your court case, for example if the other side is ordered to pay your legal bill or if you are entitled to a property settlement, you will have to pay your legal aid back out of this money.

How can I pay my legal aid contribution?

You can make payment by using any one of the following options:

• Pay in person at a Legal Services office by cash or card;
• Pay over the phone by credit or debit card - call 8111 5555 and ask to be put through to the Finance Section;
• By post (cheque or money order only);
• By direct debit into the Legal Services Commission Bank Account: BSB 015-101; Account No: 838528044. For a reference number, use your file number as listed on the top of your letter from legal aid – eg: 16001234. You MUST use your file number to ensure the payment gets matched to you.

Statutory Charge

If you or any person financially associated with you has any interest in real estate, then your legal aid is really like a loan. (A financially associated person includes your spouse, de facto partner, a trust or company which is financially linked to you, or any other person or entity that can or should help you financially. If you have separated from your spouse, you may be able to show Legal Services that you are not financially associated with them).

Legal Services will register a charge over the real estate to make sure that you pay back the whole of your legal aid eventually. You will also have to pay an administration fee of $300, which covers the costs of Legal Services administering and removing the charge.

The charge stays registered over your or your financially associated person's real estate until it is sold, transferred, re-financed, or further mortgaged. Then the money must be paid back to Legal Services. You do not have to make any payments on the charge in the meantime. If the charge stays on all your life, then legal aid will be paid back out of your estate.

The charge will not apply if your legal fees come to less than $2,350, but most family and civil cases and many criminal trials cost much more than that. Once you accept a grant of legal aid, you are bound by all the conditions of aid, including the statutory charge.

For more information, read the Statutory Charge Factsheet. If you have any questions, ask your lawyer or Legal Services. 

Funding Caps

Legal aid is limited. You can only receive aid up to a maximum amount. In family cases, the maximum is $15,000 for each parent or guardian. In criminal cases, it is more, but the amount depends on the kind of case.

Ask your solicitor about the limit applicable to you. Your aid will not be extended when the limit is reached, whether or not your case is finished. Even if you are about to start the trial, or are halfway through it, aid will not be extended past the maximum.

Your aid can also be stopped before then if you stop being eligible. You will not necessarily receive the maximum amount of aid. Aid can be stopped if your financial situation changes, or if Legal Services considers that your case no longer has reasonable prospects of success. Aid can also be stopped if you refuse to accept our advice, or reject a reasonable offer to settle the case. There may be other situations where aid can be stopped. Also, aid may be granted for some parts of your case and not others. If you need more information, contact Legal Services.

When you are granted legal aid, you should receive a letter from Legal Services explaining the conditions of aid. Read this carefully. Ask us if you do not understand the conditions.

Does legal aid cover all costs of going to court?

No. Legal aid does not cover ‘court costs’ or any fines imposed. ('Costs' are charges imposed by the court for administration and are separate from fines). You are legally responsible to pay these amounts. If you are having trouble paying fines you should contact the Fines Enforcement and Recovery Unit within the time set for payment to discuss alternative arranagements.

In civil matters (and some criminal matters), the court may order you to pay the costs of the other side. These costs may include solicitors' fees, counsel fees, witnesses expenses, the cost of the transcript, and the cost of sending documents. Such an order is usually made against the losing party in a civil case. Legal aid cannot pay these costs. They are your responsibility and legal action may be taken if they are not paid.