All Civil Matters

All Civil Matters

Civil law serves as the backbone of legal systems around the world, providing a framework for resolving disputes and maintaining order in societies. In this comprehensive guide, we will delve into the fundamentals of civil law, exploring its definition, principles, and key aspects.

To qualify for legal aid for counsel in civil law matters where initial aid does not include counsel, the following conditions must be met:

  1. The applicant has already received aid for the main issue.
  2. The request satisfies the merits test.
  3. The matter is deemed complex by Legal Aid Queensland.

Decisions regarding higher-level grants are made by:

  • Requests for counsel in inquests with a significant public interest element are referred to the Grants Director.
  • Requests for counsel in domestic violence cases are referred to senior grants officers.

Requirements for extension of aid requests received from preferred suppliers or in-house practitioners:

When seeking aid for counsel in civil law matters where initial aid does not cover counsel, practitioners must submit an extension of aid request through the Grants Online system. They should provide details regarding the complexity of the matter and how it satisfies the merits test.

Interpretation of when counsel may be warranted according to Legal Aid Queensland:

Counsel may be necessary if:

  • The case is a test case.
  • The case requires extensive cross-examination of numerous expert witnesses.
  • There are multiple applicants or respondents.
  • Cross-examination of children or special witnesses is involved.
  • The admissibility of evidence is contested, or there are significant legal arguments to be made.

Grant(s) of aid for specific situations:

  • Administrative Appeals Tribunal (excluding war-caused veterans matters):
    • Aid for counsel to appear on day one is labelled T32.
    • Aid for counsel to attend additional days is labelled T33.
  • Inquest:
    • Aid for counsel and solicitor to attend day one of a complex hearing is labelled INQ2.
    • Aid for counsel and solicitor to attend additional days is labelled INQ4.
  • Mental Health Review Tribunal:
    • Aid for counsel to appear before the tribunal is labelled MHRC.
  • War veterans:
    • Aid for counsel to appear before the AAT for application hearings is labelled VET3.
    • Aid for counsel to attend additional AAT hearing days is labelled V23.
  • Defiance for appeals (excluding war veterans appeals):
    • Aid for counsel to attend day one of the AAT hearing is labelled DEF3.
    • Aid for counsel to attend additional hearing days is labelled D23.
  • Workers’ compensation:
    • Aid for counsel to attend day one of the hearings before an industrial magistrate is labelled W13.
    • Aid for counsel to attend additional hearing days is labelled W14.