For legal aid to be granted for counsel in all other civil law matters where counsel is not provided in the initial grant of aid the following tests must be satisfied:
- the applicant has been provided aid for the substantive matter, and
- the request meets the merits test, and
- Legal Aid Queensland considers the matter to be complex.
Requests for counsel for an inquest where the application is based on a substantial public interest element are referred to the Assistant Grants director for determination.
Requests for counsel for domestic violence matters are referred to senior grants officers for determination.
Requirements
Extension of aid requests received from preferred suppliers or in-house practitioners
When applying for aid for counsel in all other civil law matters where counsel is not provided in the initial grant of aid, the practitioner must lodge an extension of aid request through the Grants Online system and provide details as to the complexities of the matter and how the matter meets the merits test.
Interpretation
Legal Aid Queensland considers that counsel may be warranted if there is sufficient complexity which requires the expertise of counsel. Legal Aid Queensland considers that counsel may be required when:
- The matter is a test case.
- The proper conduct of the case requires substantial cross-examination of numerous expert witnesses.
- There are multiple applicants or respondents.
- There are children or special witnesses to be cross-examined.
- The admissibility of evidence is contested or matters of law will require significant and detailed legal argument.
Grant(s) of aid
Administrative Appeals Tribunal (other than war caused veterans matters) - AAT
The grant of aid for counsel to:
- Appear at day one of the AAT is T32.
- Attend additional days in the AAT is T33.
Inquest
The grant of aid for counsel to:
- Attend day one of an inquest/coronial inquiry - complex hearing - (solicitor and counsel) is INQ2.
- Attend additional days of an inquest/coronial inquiry (solicitor and counsel) is INQ4.
Mental Health Review Tribunal
The grant of aid for counsel to:
- Appear before the Mental Health Review Tribunal is MHRC.
War veterans
The grant of aid for counsel to:
- Appear before the AAT on hearing of application is VET3.
- Attend additional days in the AAT is V23.
Defence for appeals (not including war veterans appeals)
The grant of aid for counsel to:
- attend day one of hearing in the AAT is DEF3.
- attend additional days of hearing in the AAT is D23.
Workers compensation
The grant of aid for counsel to:
- Attend day one of hearing before an industrial magistrate is W13.
- Attend additional days of hearing before an industrial magistrate is W14.
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).