6. Lifestyle Test

In addition to satisfying the income test and the assets test, to be eligible under the Means Test, the applicant must also satisfy the Lifestyle Test.

An application for legal aid will be refused where Legal Aid NSW considers that the applicant can afford to pay their legal costs, taking into account:

  • information about the applicant's lifestyle, activities and interests, and
  • information about the applicant's general expenditure.

Legal Aid NSW officers authorised under the Delegation Instrument 14.5 can refuse legal aid to applicants under the Lifestyle Test.