Definition of a new matter (summary matters only)

A grant of aid is only available for summary matters if the charges are deemed to relate to a “new matter”.

For the purposes of this payment rule Legal Aid Queensland considers that charges relate to a “new matter” if the practitioner:

• does not currently have an active grant of legal assistance for the applicant, or
• has a grant of legal assistance for the applicant and the new charges are being dealt with in a different court, or
• has a grant of legal assistance for the applicant for charges that will be dealt with in the same court and in relation to the existing charges has already attended on the client to take instructions sufficient to progress those charges (excluding in their capacity as a duty lawyer), or
• had a grant of legal assistance for the applicant but was unable to dispose of the matter because the client failed to appear more than 4 weeks prior to them being brought back before the Court.

Legal Aid Queensland considers new charges do not relate to a new matter if the practitioner:

• has an active grant of legal assistance and has not had an attendance on the client at which they have taken initial instructions.
• is requesting an additional grant of aid prior to a pending request being considered.
• had a grant of legal assistance for an applicant that was not disposed of initially because the client failed to appear 4 weeks or less before being brought back before the court.

If a practitioner has more than one grant of legal assistance for the same client and subsequently brings the charges together for disposal the practitioner is entitled to claim the fixed fees on all grants of legal assistance.

When submitting an application request for a summary matter the practitioner is required to certify that the request relates to a new matter.

Practitioners will be required to demonstrate on audit that their request for aid related to a new matter.

Last updated 10 December 2015