About our services

Why do you need the name and date of birth of the other party?

We need the name and date of birth of the other party to do a service check when making an advice appointment. The service check helps us to work out who is the best person to see you. 

The lawyer may also need to do a conflict of interest check before they can decide if they can act for you in a matter. This is to ensure that they haven't acted in the same or related matter, for the other party in your matter. To do a conflict of interest check we need the names and dates of birth of all relevant other parties. If the conflict check reveals that the lawyer has previously acted for the other party as a previous client, who is likely to have disclosed confidential information that is relevant to your matter, there will be a conflict that will prevent them from representing you.

This is important because the lawyer has a professional and ethical obligation to avoid a conflict of interest. This rule is set out in the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, which apply to all lawyers in NSW.

What is a conflict of interest?

A conflict of interest includes where both parties have received legal advice from the same lawyer. It may be about the same dispute or a matter relevant to the current dispute.

Lawyers must avoid an actual conflict or even a perceived conflict. It can be enough for a person to think, or to have a perception, that there has been a conflict of interest, even if there has not been an actual conflict.

For more information, see the factsheet Conflict of Interests on the Office of the Legal Services Commissioner website. 

What can happen to a lawyer if they do not avoid a conflict of interest?

If a lawyer has breached the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 and provided advice where there is a conflict of interest, a complaint can be made to the Office of the Legal Services Commissioner. 

In serious cases, disciplinary action may be taken against the lawyer for professional misconduct or unsatisfactory professional conduct. In some cases, court action can be taken against the lawyer for negligence.

Can each party speak to a different lawyer at the same legal service?

Different lawyers from the same legal service can provide legal advice to both parties in a matter, as long as appropriate measures have been taken to ensure each party's confidential information is protected and there are no conflicts of interests. 

This can include:

• using lawyers from different offices
  
• strict procedures to stop the sharing of confidential information, for example, electronic firewalls
  
• ongoing staff education around the legal services' procedures for protecting confidential information. 
  

Does that mean that the first person to call gets advice and the other party misses out?

Legal Aid NSW is a very large law practice that provides a large number of legal services to people throughout NSW. Because of this, conflicts of interest may arise easily. Legal Aid NSW’s Conflict of Interest Policy contains information barriers that allows its lawyers to provide advice to both parties in a dispute while protecting the confidential information of both parties. 

If the other party calls for advice, your lawyer won’t:

• know anything about the other person
• get information about the other person
  
• share any information about you with the other person’s lawyer. 
  

The other person’s lawyer won’t know anything about you or your case. 

For more information, see Legal advice on the Ways to get help section of our website.

What is a client disclosure statement?

The Legal Aid NSW Client Disclosure Statement sets out how we treat your information. It explains that anything you tell us is treated as confidential. This means that the lawyer you speak to won't:

• speak to the other party
• ask for personal information about the other party, or share any information about you with the other party or their lawyer.

For more information, see the Client Disclosure Statement on the Ways to get help section of our website.

Am I breaching the other party's privacy/confidentiality if I give you their name and date of birth?

In any legal proceedings, if you went to court, you have to name the person who you have the dispute with. There is no obligation on you to protect that person's confidentiality.

You can't be sued for defamation for seeking legal advice about a legal problem and providing details of the other party to us.

We do not need to do a conflict check to provide you with a short service, including legal advice or duty services.

During the course of providing a short service, the lawyer who advises you may form the view that you are eligible for an ongoing service, such as extended legal assistance or litigation under a grant of aid. To receive ongoing services, you must provide us with the other party's details so that the lawyer who represents you can do a conflict of interest check. 

Will the other party be contacted if I give you their details?

We do not contact the other party when you give us their details. 

The name and date of birth of the other parties involved in your matter will generally remain confidential, unless there are exceptional circumstances, for example, if there are safety concerns for a person, or a child is at risk.

The Legal Aid NSW code of conduct states that we must not give your information to anyone else without your permission.

In addition, lawyers are bound by a duty of confidentiality under the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015.

Will that person know I have ​called you?

The other person will not find out that you have called us if they call themselves for legal advice. If the lawyer does a conflict check for the matter and discovers that they have actual knowledge of the matter and there is a potential conflict of interest, you will be referred to another lawyer at Legal Aid NSW or provided with information only.

Has my husband called Legal Aid NSW before?

Legal Aid NSW provides confidential legal advice. We do not share information gathered as part of our service. We are not able to provide you with any information about another customer, including whether a family member or friend has called Legal Aid NSW before. 

A service told me that they can't give me advice because of a Law Society Rule. What do they mean?

They might mean that they have a conflict of interest and therefore can't assist you. 

If you meet our policy guidelines, one of our lawyers may be able to advise you.

How long will my personal details stay on the Legal Aid NSW database?

Your personal details will be retained by Legal Aid NSW for a minimum period of seven years.

Am I able to amend my personal details on the Legal Aid NSW database?

The Legal Aid NSW code of conduct states that we must take reasonable steps to correct personal information if we consider it to be inaccurate or incorrect, unless a law prevents us from doing so. 

If we refuse to correct your personal information, you can ask us to attach a statement that you believe the information is incorrect and why you hold this belief. 

Will Legal Aid NSW pass my personal details onto someone else? 

The Legal Aid NSW code of conduct states that we must not give your information to anyone else without your permission unless the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of yourself or someone else. 

In addition, lawyers are bound by a duty of confidentiality under their professional rules. They can only disclose personal information if:

• you have given your permission for them to share the information 
  
• they are required by law, for example, the lawyer has been issued with a subpoena
  
• they are getting advice about their legal or ethical obligations
  
• they are trying to avoid the probable commission of a serious criminal offence
  
• they are trying to prevent imminent serious physical harm to yourself or another person
  
• they are speaking to their insurer.

Am I able to gain access to my recorded telephone call with LawAcccess?

You may request access to your recorded call under the Government Information (Public Access) Act 2009 (NSW) (GIPA). 

You should email your request to inhousecounselunit@legalaid.nsw.gov.au.

You can also send your written request to:

Right to Information Office

Legal Aid NSW

PO Box K847

HAYMARKET NSW 1238

There is a fee of $30.

For more information, see How you can access information held by Legal Aid on the About us section of our website.

How can I have my recorded telephone call with LawAccess deleted from the Legal Aid NSW database?

If you want your recorded call to be deleted, you can submit a request in writing to inhousecounselunit@legalaid.nsw.gov.au.

Do I need to apply for a grant of legal aid?

If you want ongoing help with your legal matter, you will need to apply for a grant of legal aid. 

You don't need a grant of legal aid:

• for one-off legal advice
  
• to speak to the duty solicitor at court.
  

For more information, see Apply for legal aid on the Ways to get help section of our website.

Do I need legal advice before I apply for a legal aid grant?

You may need legal advice if you are unsure:

• what type of legal matter you have
• whether a legal aid grant is available for your type of legal issue
  
• whether you can be a party to the proceedings.

Do I need to apply to see a duty solicitor?

You don't need to apply to see a duty solicitor. Duty solicitors are provided by Legal Aid NSW at Local Courts to help you on the day of your matter. A duty solicitor may ask you to apply if they believe you may be eligible for, and that you require, ongoing assistance from Legal Aid NSW.

For more information, see Help at court on the Ways to get help section of our website.

Will a lawyer lodge an application for a legal aid grant for me?

If you are receiving legal advice from a Legal Aid NSW lawyer, they can lodge an application for you, if your circumstances and legal issue meet our criteria. This includes a Legal Aid duty solicitor. A private lawyer who is on the Legal Aid Panel can also lodge an application for you.

How can LawAccess NSW help me fill in my application for a legal aid grant?

LawAccess NSW can provide you with information from Legal Aid NSW that may identify:

• what matters you can get a legal aid grant for
• what matters you can't get a legal aid grant for
• what type of legal matter you have
• whether you are or can be a party to proceedings.
  

If you are unsure how to fill in your application, you should get legal advice. 

What is my legal matter?

There are four main categories:

• family
• criminal
• civil
• other/don't know.

What does family include?

Family includes parenting, child support and maintenance, property settlements, spousal and de facto maintenance, and divorce. It also covers problems with the Department of Communities and Justice, such as adoption and care and protection.

What does criminal include?

Criminal includes situations where you have been charged by police and you have to go to court, or you want to appeal against your sentence or conviction. In some cases it may include applying for or defending an Apprehended Domestic Violence Order.

What does civil include?

Civil covers things like money, debts and fines.

What does other include?

Other covers situations where you have been unfairly treated by someone else, including a company or government agency and you need help protecting your rights, stopping the behaviour or getting compensation.

What if my legal problem is not one of the options available on the application form?

If you can't find your exact matter on the application form, you should select the type that is closest. If you are still unsure, you should get legal advice.

How can I apply for a grant of legal aid?

If you need a lawyer for ongoing help with a matter, the first step is to contact LawAccess NSW. LawAccess NSW can tell you if you are eligible for legal aid and book an appointment for you to speak with a lawyer. Eligibility depends on the kind of legal issue you have, and your personal circumstances. To apply for a grant of legal aid you need to fill out a legal aid application form. A lawyer can also apply for you.

You can get a copy from:

• your nearest Legal Aid office
• the Apply for Legal Aid page on the Ways to get help sectio of our website.

To complete the form, you will need:

• proof of your income, such as copies of your pay slips or a copy of your Centrelink Statement of Benefit
• last three months of your bank or credit union statements for all accounts
• other documentation depending on your legal matter.

Once you have completed your form, you can return it:

• in person
• by email, to your nearest Legal Aid office
• by post.

To find the email address of your nearest Legal Aid office, see Legal Aid NSW offices on the Contact us section of our website.

To return your completed application by post, you must address it to:

Legal Aid NSW
Grants Division
PO Box K847
HAYMARKET NSW 1240

Before you post your application, you should make a copy to keep.

For more information, including a copy of the application form, see Apply for legal aid on the Ways to get help section of our website.

Do I have to pay a fee to apply for a grant of legal aid?

No. You don't have to pay a fee to apply for a grant of legal aid.

However, a grant of legal aid is not free. You will usually be asked to pay some money towards your legal costs at the start of your case. You may also be asked to pay some or all of your legal costs at the end of your case.

Can I receive a legal aid grant if I am defending an Apprehended Domestic Violence Order?

You may receive a legal aid grant for defending an Apprehended Domestic Violence Order if:

• you are the victim of domestic violence, or
  
• there are exceptional circumstances.

If you are unsure, you should get legal advice.

What are exceptional circumstances?

Examples of exceptional circumstances are:

• where the applicant for legal aid is an Aboriginal woman  
  
• where you are at a special disadvantage
• where there is an issue of civil liberties
• where the death of a person is involved
• if you are under 18
• if you are the victim of domestic violence.

For more information, see Apprehended Violence Order Guidelines on the For Lawyers section of our website.

What is considered to be a special disadvantage?

A person is at a special disadvantage if they:

• are a child or acting for a child, or
  
• have substantial difficulty dealing with the legal system because of a developmental, intellectual or physical disability, or a psychiatric condition.

How can I find out if there is a real possibility I could go to prison?

Whether you will be given a term of imprisonment will depend on your case, including the particular offence you are charged with, the circumstances of the offence, your personal circumstances and your criminal history.

The definition of a ‘term of imprisonment' in the legal aid policies includes a full time gaol term, or an intensive correction order. 

For more information, see Crime guidelines in the For lawyers section of our website. 

If you are unsure whether you could be facing imprisonment, you should get legal advice.

What should I write about my legal problem?

You should include enough information to help Legal Aid NSW understand what your legal problem is about. Sometimes it is helpful to include a chronology. The application will also ask you to include documents, for example, court documents, police documents or letters.

Can I apply for legal aid if I am on a temporary visa?

You may be apply for legal aid depending on the type of legal matter you have and if you are eligible under Legal Aid NSW policies. Before you fill out an application for legal aid, you should get legal advice. A Legal Aid lawyer can tell you whether they think you are eligible for legal aid.

Legal Aid NSW also has an Immigration Service which provides free legal advice, assistance and representation about refugee law and other immigration matters.

For more information, see Immigration Service on the My problem is about section of our website. 

Can I get a rejection letter from Legal Aid to help me apply for pro bono legal assistance?

The Law Society of NSW has a Pro Bono Scheme which can help eligible applicants to receive legal services for free or at a substantially reduced fee. To be eligible for the NSW Pro Bono Scheme, you must:

• have applied for and been refused legal aid (and provide a letter confirming this) or have a legal problem where legal aid is not available
• satisfy the means assessment applied by the Scheme
• have a matter that has merit and/or reasonable prospects of success
• have a type of matter covered by the Scheme.

If you need a refusal letter to apply for the NSW Pro Bono Scheme, speak to a Legal Aid lawyer.

For more information about the NSW Law Society Pro Bono Scheme, see The Pro Bono Scheme on the NSW Law Society website.

Where can I find details of my current court or tribunal proceedings?

You can find details of your current court or tribunal proceedings:

• on your court or tribunal documents or paperwork
• by contacting the court or tribunal
  
• from your lawyer, if you have one.
  

You can also view the searchable case list published online by NSW Courts and Tribunals. 

For more information see Court lists on the NSW Courts and Tribunals website.

Where can I find the Criminal Name Index number?

The Criminal Name Index (CNI) number can be found on the front page of your Court Attendance Notice. 

How can I determine the date when my de facto relationship started?

Generally, the date your de facto relationship started is the date you and your partner moved in together.  

If you believe the de facto relationship started before this date, or you believe you are in a de facto relationship despite never living together, you should get legal advice.

What happens if some of the information I have provided is not true or is incorrect? 

If the information you have provided is incorrect:

• there may be a delay in processing your application
  
• your application may be rejected.

If the information you have provided is not true:

• your application may be rejected
• you may be prosecuted. 
  

It is an offence to make false or misleading oral or written statements in connection with a legal aid grant application.

What can I do if I submitted an application for a grant of legal aid with incorrect details?

If you have provided incorrect details on your legal aid application, you should contact the Legal Aid NSW Grants Division as soon as possible. Your application may be refused if it contains incorrect details.

Can I fill out and submit an application for someone else?

Legal aid grant applications should be filled out and submitted by the person who is seeking the grant. A lawyer can assist you to fill out and submit an application. If you believe a person who needs a grant of legal aid can't fill out and submit the application themselves, speak to Legal Aid NSW for guidance on how to proceed.

What are my options if my application for a grant of legal aid is not successful?

If you don't agree with the decision, either because you have been refused legal aid or because you don't agree with the conditions, you can apply to have the decision reviewed by the Legal Aid Review Committee.

You must apply for a review within 28 days. 

Legal Aid NSW can only consider a new application if your situation has changed significantly and you are able to prove this with supporting information.

Alternatively, LawAccess NSW can help you to find out whether there are other options for you to obtain legal assistance.

What is the means test indicator?

The means test indicator allows you to enter details about your income and assets to see if you may be financially eligible for legal aid. The results that are calculated are an indication only and don't guarantee that you will receive a grant of legal aid. 

For more information, see Means Test Indicator on the Ways to get help section of our website.

Do I have to consent to give Legal Aid NSW authority to check the details of my Centrelink benefit?

Legal Aid will only check the details of your Centrelink benefit to determine if you qualify for a legal aid grant. You are not required to consent to the Centrelink Declaration, however, this information needs to be confirmed before a grant can be awarded. Consenting may allow the application to be processed quicker.

What if I have other expenses I want Legal Aid NSW to take into account?

You can attach additional documents that you believe will assist in considering your application. This can be done at question 12 in the Legal Problem section.

Who is a Financially Associated Person?

A Financially Associated Person (FAP) is a person who could reasonably be expected to contribute to your legal costs. Therefore, a FAP is included in the assessment of your means in line with the Legal Aid NSW Means Test.

For more information, see Means test guidelines on the For lawyers section of our website.

What if property, bank accounts or other assets are only in my spouse's/partner's name? Am I still considered an owner?

If you own assets but can't get access to them, or if you are unsure if you are the legal owner of assets, you should get legal advice.

Do I include the portion of the property I own, or the total value?

If the property is in your name or both names, you should put the total value.  

If the property is only in your spouse's/partner's name, or you are unsure if you are the legal owner, you should get legal advice.

Do I include the total amount of expenses and debts, or only my portion?

You are legally responsible to pay any debts in your name and both names. Therefore, any expenses and debts in your name and both names should be included in your application.  

If you have questions about your responsibility to pay expenses and debts that are solely in your spouse's/partner's name, you should get legal advice.

Is legal aid free?

No. A grant of legal aid is not free.

If you get a grant of legal aid you will usually have to pay a contribution towards your legal fees. You may be asked to pay some money:

• at the start of your case – this is called an initial contribution
• during your case, if your financial situation changes
• at the end of your case.

What are initial contributions?

Initial contributions are the amount of money a person must pay towards their legal fees if they have received a grant of legal aid. How much money a person will have to contribute will depend on their income and what assets they own.

If I get a grant of legal aid, how much will I have to pay in contributions?

How much money you will have to pay will depend on your income and what assets you own. Legal Aid will calculate your contributions based on the information you include in your application form. It is important that this information is correct, so that you don’t get asked to pay more than you should.

If you are receiving a maximum Centrelink income, you will have to pay the minimum contribution of $75.00.

Can I appeal a decision about a grant of aid?

You may be able to appeal a decision about a grant of legal aid within 28 days from the date of the decision. In special circumstance, the Legal Aid Review Committee (LARC) may allow you to appeal after 28 days.
For more information, see Appeal a Legal Aid decision on the Ways to get help section of our website.