Court proceedings

For legal aid to be granted for representation in a consumer protection matter the following tests must be satisfied:

• The applicant meets the means test.
• The applicant meets either:
  • guideline 10.1 – consumer protection (assistance for certain matters).
  • guideline 10.2 – consumer protection (other consumer matters).
• The applicant meets guideline 10.5 consumer protection matters (court proceedings).
• The applicant meets the merits test.
• The Consumer Protection Unit of Legal Aid Queensland has the capacity to represent the applicant.

Documentary requirements

Application received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

• A completed and signed Legal Aid Queensland application form.
• Proof of income and assets (refer to the means test).
• Copies of any relevant documentation (loan documents, security/mortgage statements, default notice, court documents, contracts).

Application received from preferred supplier or in-house practitioner

Preferred suppliers should refer any applicants to the Legal Aid Queensland information and advice service.

In-house practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system and advise:

• Whether the applicant meets the merits test.
• Whether the applicant meets the applicable guidelines.
• Whether they have capacity to take the matter.
• Proof of income and assets (refer to the means test).

Practitioners must also ensure that the following documents are retained on file:

• A completed and signed Legal Aid Queensland application form.

Allocation of a solicitor

All consumer protection matters are allocated to the Consumer Protection Unit of Legal Aid Queensland. Consumer protection matters are not referable to preferred suppliers.

Grant(s) of aid

The grant of aid to conduct involved negotiations in relation to a consumer dispute is D2.

The grant of aid to take a detailed statement after investigation including perusing relevant documents and advising on relevant law in order to progress a dispute to an internal dispute resolution scheme, tribunal or court is D4.

The grant of aid to represent a client at a lawyer assisted negotiation (internal dispute resolution) in a consumer protection matter is D5.

Extension(s) of aid

Counsel’s opinion

• The grant of aid for counsel to provide an opinion in respect of issues arising out of a consumer dispute is DB.
• The grant of aid to brief counsel for an opinion in respect of issues arising out of a complex consumer dispute is DBC.

Magistrates court

• The grant of aid to continue with magistrates court proceedings up to but not including hearing (day 1) is L2.
• The grant of aid to prepare for magistrates court action, including conferences and conduct/instruct hearing (day 1) and obtain judgement is L3.
• The grant of aid to attend on magistrates court for additional days is L3A.

District court

• The grant of aid to continue with district court action up to but not including trial is L5.
• The grant of aid to prepare for district court trial including conferences and conduct/instruct hearing (day 1) and obtain judgment is L6.
• The grant of aid for representation in a formal chamber application in the district court is L7.
• The grant of aid for representation in a standard chamber application in the district court is L71.
• The grant of aid for representation in a complex chamber application in the district court is L72.

Supreme Court

• The grant of aid to continue with Supreme Court action up to but not including trial is L10.
• The grant of aid to prepare for Supreme Court trial including conferences and conduct/instruct hearing (day 1) and obtain judgment is L11.
• The grant of aid for represent your client in a formal chamber application in the Supreme Court is L12.
• The grant of aid for representation in a standard chamber application in the Supreme Court is LB.
• The grant of aid for representation in a complex chamber application in the Supreme Court is LC.
• The grant of aid to attend a Supreme Court hearing for additional days is LA.

Federal court

• The grant of aid to Institute or defend proceedings in the federal court including all pleadings and discovery and interrogatories is L14.
• The grant of aid to continue with federal court action up to but not including trial is L15.
• The grant of aid to prepare for a federal court trial including conferences and day one of hearing is L16.
• The grant of aid to attend a federal court hearing for additional days is LD.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).