What is the Civil Law Legal Aid Scheme?
The Civil Law Legal Aid Scheme (CLLAS) helps Queenslanders by paying some of the costs involved in preparing a civil law claim for settlement negotiations or court proceedings (if needed).
Who runs the scheme?
The CLLAS is funded by The Public Trustee of Queensland and is administered by Legal Aid Queensland.
What types of cases does the CLLAS fund?
The CLLAS will consider funding any civil law claim that can be heard by a Queensland court, but priority is usually given to personal injury cases and public interest cases.
How does it work?
Step 1 - Call Legal Aid Queensland on 1300 65 11 88
Our client information officers will give you extra information about the CLLAS and, where appropriate, book you in for legal advice with one of our solicitors. The solicitor will verify you have a potential claim and will take you through the steps involved in the process. The solicitor will also give you the names of law firms in your local area who are on the CLLAS preferred supplier panel.
Step 2 - Contact a CLLAS approved law firm
Let the firm know you are applying for legal assistance with the CLLAS and ask them to consider representing you. Before agreeing to take on your case, the firm will look at if your claim is likely to succeed and if the payout you could receive would cover their fees for preparing the claim.
If the firm agrees to represent you, they will help you complete a standard Legal Aid Queensland application form and write a covering letter for the application. Law firms on the CLLAS preferred supplier panel are under no obligation to represent you.
What if I can't find a lawyer?
If you can't contact a local law firm yourself, you can still apply for assistance from the scheme. You can get a copy of the application form by calling 1300 65 11 88 and asking for one to be mailed to you or you can print one from our website at http://www.legalaid.qld.gov.au/. If you need help filling out the form, call us on the above number.
Send the completed form to:
The Coordinator
Civil Law Legal Aid Scheme
c/o Legal Aid Queensland
GPO box 2449
Brisbane Qld 4001
Step 3 - Talk to your solicitor about their fees and charges
Find out how much you would have to pay the solicitor if you win your case or receive a settlement. You should get these costs in writing and sign a costs agreement. You do not have to make any payments to your solicitor until your case has been successfully finalised.
Step 4 - Provide details for the means test
You'll need to provide recent pay slips, bank account statements and copies of your health care or pension cards to prove you are financially eligible for the scheme.If you are eligible, your application will be sent to the Civil Law Legal Aid Scheme Advisory Committee to be assessed.
Step 5 - Your application is assessed
The committee will consider your case's legal merits and the likely outcome if the case goes to court. They also consider if your case is a public interest or 'test' case. This means other people would benefit in the future from your case going before a court.
Step 6 - Sign a client acknowledgment
If your application is approved, you'll need to sign a client acknowledgment, agreeing to repay the scheme any expenses they pay on your behalf. You repay these costs when your case has been settled and you've received a compensation payment.
What if my application is not successful?
If your application is unsuccessful, there is no right to appeal. If you have already applied to the scheme but believe your circumstances have changed, please contact us for more information on 1300 65 11 88.
Step 7 - Your solicitor will do a budget forecast
The budget will outline the initial costs involved in preparing your case. These costs are called 'outlays'. The scheme will cover the costs of outlays identified in the budget.
Step 8 - Your solicitor will prepare your case
Hopefully you can sort the issue out through mediation and it will settle without the need to go to court
Step 9 - Your case may go to court
If required, your case will go to the appropriate court or tribunal.
Step 10 - Receive a payment and reimburse the scheme
If your case is successful and you receive a compensation payment, you will need to reimburse the CLLAS for any costs paid on your behalf. You will also have to pay your solicitor's costs.
If your claim is unsuccessful you do not have to pay your solicitor or repay any costs to the scheme. But you should keep in mind the court could award costs against you. This means you could have to pay the expenses of the other parties involved in your case. These costs cannot be claimed from the CLLAS, Legal Aid Queensland or the Public Trustee of Queensland.
You should discuss this possibility with your solicitor before you begin a claim.
Can my grant of legal aid be cancelled?
A grant of aid may be cancelled if:
- you do not follow reasonable advice given by your solicitor or barrister
- you do not give complete details of your claim or financial position
- we receive information that may decrease your claim's chance of succeeding
- you are no longer financially eligible for aid under the means test.