4.21 Matters for which legal aid is not available

4.21.1 - Matters for which legal aid is not available

Legal aid is not available for the following types of civil law matters:

• matters about damage to any property by a motor vehicle,
• proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW) and other legislation relating to tainted monies/property,
• to a defendant who is objecting to or defending an Order for restitution under the Victims Rights and Support Act 2013 (NSW),
• matters involving medical negligence or public liability,
• matters involving personal injury, unless aid is available under some other policy for a matter in which personal injury is alleged as harm or damages,
• matters under the Succession Act 2006 (NSW) (family provision claims and Wills and Estates) (Note: where there is a likelihood that an applicant will lose their home as a result of these proceedings see Civil policy 4.11.1 Loss of home as a direct result of proceedings for which legal aid is sought),
• matters which result from commercial and investment transactions conducted by the applicant for legal aid (Note: where the applicant is a parent who has acted as a guarantor for a child’s business loan, this will not be considered a matter that has resulted from a commercial and business transaction conducted by the applicant. See Civil policy 4.11.1 Loss of home as a direct result of proceedings for which legal aid is sought),
• building disputes,
• civil assault matters (not including assault by a person in a special position of authority: see Civil policy 4.1.1 Breach of civil liberties),
• matters in the Local Court where the amount in issue is less than $3000 or less,
• defamation matters,
• matters involving disputes between family members and former family members over property or money (Note: where there is a likelihood that an applicant will lose their home see Civil policy 4.11.2 Proceedings to protect a person's interest in the home),
• matters involving intra association disputes for example, between members of clubs or unions (associations),
• neighbourhood disputes, and
• public interest environment matters.