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Other Federal and High Court proceedings

Assessment criteria

For legal aid to be granted for representation for appeals from the decision of the Administrate Appeals Tribunal, initiating proceedings in the Federal Court, the Federal Circuit Court or the High Court, and appeals in the Full Court of the Federal Court or the High Court the following tests must be satisfied:

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 relevant documentation relating to the proceedings.
  • How they meet guideline 6 – other federal and high court proceedings.

Application received from preferred supplier or in-house practitioner

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

  • Proof of income and assets (refer to the means test).
  • any relevant documentation relating to the proceedings and details of how the applicant meets guideline 6 – other federal and high court proceedings.

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

  • A completed and signed Legal Aid Queensland application form.

Grant(s) of aid

The grant of aid to represent a client in the Federal Court on day one is A4.

The grant of aid to make an application for special leave to appeal to the High Court is A1.

Extension(s) of aid

The grant of aid to represent a client in the Federal Court on additional days is A41.

The grant of aid to represent a client in the High Court on day one is A2.

The grant of aid to represent a client in the High Court on additional days is A21.

Decision makers of a higher delegation

All applications for aid for a representation at the Federal Court or High Court are determined by the assistant director grants.

Retrospective contributions

Grants of legal assistance for these types of matters may be approved on the condition that the applicant will pay a retrospective contribution.

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).

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