Litigation in the NSW Supreme Court
I have a matter in the Supreme Court of NSW i have spent about 30k through the interlocutory period and i have about 10k left in my mortgage redraw facility. I have a court date for the 14 jan 2016 that should use these funds. Legal aid could not help with the matter and after my funds run out my lawyer and barrister will not be there to help. What are my options? As i wont be able to afford counsel i will not be able to continue to fight the allegations. The law system in Australia is geared to support the side that has the money to employ the best counsel. Your advice would be greatly appreciated.
Hi there. It sounds like you are in a difficult situation.
You have rightly identified a significant problem with Australia’s justice
system – it is designed to benefit those with specialist knowledge or the
financial means to pay for costly legal services. LawAdvisor understands the
need for greater accessibility to legal services.
Legal Aid provides assistance to individuals who satisfy
certain eligibility criteria, and you previously did not qualify for their
services. From the information you provided, it appears that your financial
situation may have changed because your mortgage redraw facility will have been
depleted after your next court date. It may be worth reapplying to Legal Aid on
the basis that your financial circumstances have changed
(www.legalaid.nsw.gov.au). Note that Legal Aid may not be able to take on
certain cases due to their subject matter.
Alternatively, and depending on the nature of your matter,
you may be able to obtain assistance from your local community legal centre.
You can visit www.clcnsw.org.au to locate your nearest centre.
Another option is to make an application to one of the
various pro bono schemes that are available in NSW (a list of them can be found
at www.nationalprobono.org.au/page.asp?from=7&id=128#NSW). Pro bono schemes
are run by several organisations including the Law Society of NSW, the NSW Bar
Association and Justice Connect. Each scheme will have different eligibility
criteria and policies about what matters they accept.
It is possible for individuals to represent themselves in
court, without the assistance of a solicitor or barrister. Of course, some
matters are simpler than others and therefore better suited to
self-representation. If appropriate, you can contact LawAccess NSW (www.lawaccess.nsw.gov.au
or 1300 888 529) for more information about representing yourself in court.
Finally, it may be worth speaking to your current solicitor
or barrister about your financial situation and the possibility of them working
for a reduced fee or on a pro bono basis. If they are not able to help you, you
could ask them to refer you to another lawyer or law firm that can offer you
pro bono or reduced fee services.
Suggested way forward
It is worthwhile contacting one or more of the above resources to see if you are eligible to obtain assistance with your legal matter. While LawAdvisor does not provide a directory for pro bono legal services, it does allow you to obtain fee proposals from lawyers who can help you with all or part of your matter. By pressing the “Take Action” button, LawAdvisor can help you search for these lawyers. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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