For legal aid to be granted for an agent in a civil law matter, the following tests must be satisfied:
- the applicant has been provided aid for the substantive matter, and
- Legal Aid Queensland considers it is a more economical use of legal aid funds to engage the agent than to have the assigned practitioner perform the work.
Requirements
Extension of aid requests received from preferred suppliers or in-house practitioners
When seeking a grant of aid for an agent in a civil law matter the practitioner must lodge an extension of aid request through the Grants Online system along with details as to why an agent is required.
Interpretation
Additional hours are allowed for agents. It is a requirement that where possible the practitioner briefs a solicitor who is on the relevant Legal Aid Queensland preferred supplier panel.
The substantive grant of aid which is issued to the preferred supplier or in-house practitioner allows for any court appearances, personal attendance and outlays.
As the grant of aid for agents in civil law matters only includes a one or two hourly professional fee, any court appearances and personal attendance must be claimed on the substantive grant of aid.
The decision in relation to how the substantive grant of aid is split is a matter for the preferred supplier and the agent they engage.
Grant(s) of aid
The grants of aid for agents in civil law matters are as follows:
- GAG1 - magistrate court matters
- GAG2 - district court matters
- GAG3 - Supreme Court matters
- GAG4 - Federal Court matters
- GAG5 - High Court matters
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).