High Court of Australia Appeal

For legal aid to be granted for an appeal in the High Court of Australia the following tests must be satisfied:

• the applicant meets the means test, and
• the applicant meets guideline 5 – appeals and applications for leave to appeal, and
• the applicant meets the merits test.

Any applications for aid for an appeal to the High Court of Australia is to be referred to the assistant director grants for determination (except in-house criminal law High Court applications which can be determined by a grants officer).

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).
• Any documents filed in the High Court of Australia.

Application received from preferred supplier or in-house practitioner

Preferred Suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:

• Proof of income and assets (refer to the means test).

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

• A completed and signed Legal Aid Queensland application form.
• All documentation as outlined in part A4 of the case management standards - criminal law.

Interpretation

Merit test assessment in relation to criminal law appeal often involves consideration of the complete transcript of the court proceedings, documentary exhibits, transcripts of interviews and audio-visual recordings. Advice is sought from in house counsel in order to determine whether an application for aid in an appeals matter meets Legal Aid Queensland’s merit test guidelines.

Prospects of success

When an application is received to appeal a sentence and/or conviction to the High Court of Australia, the application will be referred to an in-house criminal lawyer of Legal Aid Queensland to investigate the clients prospects of success.

When the in-house criminal lawyer has completed investigations, the in house solicitor is required to provide advice to the assessing officer in relation to the clients prospects of success.

Allocation of a solicitor

Representation in the High Court of Australia will be provided on an in-house basis unless there is a conflict of interest.

Grant(s) of aid

The grant of aid to investigate prospects for an appeal to the High Court is CS.

The grant of aid to make an application for special leave to appeal to the High Court is CST.

Extension(s) of aid

If it has been determined that the client has prospects of success the grants of aid are:

• Day one of an appeal to the High Court is CT.
• Additional days in the High Court is CT1.

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).