Litigation Assistance Fund

Level 3, 132 Franklin Street ADELAIDE  SA  5000
GPO Box 2066 ADELAIDE  SA  5001
DX 333 ADELAIDE
Telephone:  (08) 8231 0740 or (08) 8110 5263
Facsimile:  (08) 8231 2995

The Litigation Assistance Fund, which began its operations in 1992, assists with the prosecution of civil cases, where clients are unable to pay legal expenses.  The Fund is available to companies and to individuals.

The Fund will assist applicants from the investigative stage right through to an appeal.

The type of cases funded to date include, commercial disputes, inheritance claims, insurance contract disputes, professional negligence claims, public liability and personal injury matters.   The Fund does not assist with criminal, family law or defacto property matters.

An application must be completed by the applicant and the applicant's solicitor.   There is no application fee for Pension Card or Automatic Issue Health Care Card holders, otherwise the application fee  is $100 (urgent $250).  The Application form and Rules are attached (pdf format).

The applicant must satisfy a Means and a Merits Test.

Means test: an applicant can have a family income of up to $80,000 gross, and assets such as a house and a car, which are of "reasonable" value.

Merits test:  the merits of an applicant's case are considered by a panel of three senior practitioners.   Each panel takes into account the prospects of success, the quantum of the claim, and the likelihood of recovery.  

If the application is successful, the Fund will pay "solicitor/client costs", (not "solicitor/own client" costs) on the scale appropriate to the jurisdiction.

The Fund receives ongoing funding by way of a deduction of 15% of any monies awarded by the Court or upon settlement of each case.   In such instances, the Fund also receives reimbursement of the legal costs and disbursements already paid by it.  

In the alternative, the Disbursements Only Fund (DOF) is available.   This enables payment of disbursements such as court filing fees, experts report, witness fees, transcript and trial fees.   Barrister’s and solicitor’s costs are excluded.  

If a DOF matter is successful, a Fund fee will be levied, being repayment of the disbursements paid by the Fund together with an uplift of 25% to 100% thereof.    

The Disbursements Only Fund Application form and Rules are attached (pdf format). 

If the assisted person’s claim is unsuccessful, his solicitor will receive from the Fund his solicitor/client costs.  The Fund does not pay party/party costs awarded against the assisted person. 

Practitioners should be aware that Professional Conduct Rule 34 states that practitioners must advise their clients of their potential eligibility for legal aid, including the Litigation Assistance Fund. 

If practitioners wish to receive information about the Fund, please contact the Manager of the Fund, Mary Walters.