For legal aid to be granted for counsel to make formal summary application at committal the following tests must be satisfied:
- the applicant has been provided aid for the substantive matter, and
the request meets the merits test, and
- the solicitor certifies that the application is in compliance with the practice rules requirements and reflects the legislative requirements for the making of one of these orders, and
- the matter is of public interest or sufficient complexity to warrant representation by counsel.
Extension of aid requests received from preferred suppliers or in-house practitioners
If a practitioner requires aid for counsel to make a formal summary application at committal the practitioner must lodge an extension of aid request through the Grants Online system and advise how the matter meets the merits test and details of how the matter is of sufficient public interest or complexity which warrants counsel.
A formal application must be made to the magistrate to:
- Cross-examination of a witness at committal
- Disclosure directions orders, and/or
- Indictment of a indictable matter being heard summarily.
For an extension of legal aid to be granted for solicitor to instruct counsel to make the formal application, the merits test must be met with particular reference to the “appropriateness of spending limited public funds” test and “prudent self funding litigant” test.
Grant(s) of aid
The grant of aid for solicitor and counsel to make formal summary application to cross-examination of witness(es), disclosure direction order, and/or indicting summary matters is a MR4
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 legal aid decisions).