If you’re facing a legal issue and wondering whether Legal Aid NSW can help, you’re not alone. Thousands of people search for this information every month, hoping for free or low-cost legal assistance.
The short answer is: it depends. Legal Aid NSW provides valuable services, but strict eligibility criteria and limited scope mean many people who need legal help don’t qualify or find their matter isn’t covered. Understanding these requirements upfront can save you time and help you plan your next steps.
What is Legal Aid?
Legal Aid NSW is a government-funded organisation that provides free legal services to people who meet specific criteria. It offers advice, minor assistance, duty lawyer services at courts, and in some cases, full legal representation.
Legal Aid is not available to everyone. It operates under limited funding and prioritises cases based on financial need, the type of legal matter, and whether there are reasonable prospects of success.
The means test: financial eligibility
The first hurdle is the means test, which assesses your income and assets.
To qualify, you generally need to demonstrate financial hardship. Legal Aid NSW considers:
- Your gross weekly income (before tax)
- Your partner’s income (if applicable)
- Your assets, including property, savings, and investments
- Your debts and financial obligations
There are specific income thresholds that change periodically. As a general guide, if you’re employed full-time on an average wage, you’re unlikely to qualify. People receiving Centrelink benefits, pensions, or on very low incomes are more likely to meet the financial criteria.
Owning a home doesn’t automatically disqualify you, but significant equity in property may affect your eligibility.
The merit test: is your case worth funding?
Even if you pass the means test, Legal Aid must also assess whether your case has merit. This includes:
- Whether you have reasonable prospects of success
- Whether the matter is serious enough to warrant legal representation
- Whether there are alternative ways to resolve the issue
Legal Aid prioritises matters where liberty is at stake (criminal matters with potential imprisonment), child safety is involved, or there’s a significant power imbalance between parties.
What Legal Aid does cover
Legal Aid focuses on specific areas where the stakes are highest.
Criminal law
This is Legal Aid’s largest area of work. If you’re facing serious criminal charges, particularly where imprisonment is a real possibility, Legal Aid may provide representation. This includes serious indictable offences, matters in the District Court or Supreme Court, and some Local Court matters where imprisonment is likely.
For less serious criminal matters, Legal Aid provides duty lawyer services at courts, offering on-the-day advice and representation for bail applications and mentions.
Family law
Legal Aid assists with family law matters, but with significant limitations. Priority is given to cases involving family violence, child protection matters, parenting disputes where children’s safety is at risk, and some property matters for people in financial hardship.
Straightforward divorce applications and property settlements between parties of similar financial standing are generally not covered.
Civil law
Legal Aid provides limited civil law assistance, including immigration and visa matters for vulnerable people, social security appeals, some consumer disputes, and mental health law matters.
What Legal Aid doesn’t cover
Here’s where many people are surprised. Legal Aid NSW generally does not assist with:
Wills and estate planning
Legal Aid does not prepare wills or provide estate planning advice. If you need a will drafted, powers of attorney prepared, or guidance on protecting your family’s inheritance, you’ll need a private lawyer. Our wills and estate planning team handles everything from straightforward wills to complex estate structures.
Conveyancing and property transactions
Buying or selling property? Legal Aid doesn’t cover conveyancing. Whether it’s your first home or an investment property, you’ll need a private conveyancer or property lawyer. Our conveyancing team handles property transactions throughout NSW.
Most traffic matters
Unless your traffic matter is extremely serious (such as dangerous driving causing death), Legal Aid generally won’t represent you. Drink driving, speeding, and licence appeals are typically handled by private traffic lawyers.
Commercial and business disputes
Disputes with business partners, contract issues, debt recovery, and employment matters fall outside Legal Aid’s scope. These require private commercial litigation or business law assistance.
Property settlement (in most cases)
While Legal Aid may assist with family law property matters in limited circumstances, most property settlements between separating couples require private legal representation, especially where both parties have assets or income.
Will disputes and estate litigation
Contesting a will or defending against a claim on an estate is not covered by Legal Aid. These matters require specialist estate dispute lawyers.
Why these gaps exist
Legal Aid operates with limited government funding and must prioritise. The focus is on matters where people’s liberty is at stake, children’s safety is involved, there’s a significant power imbalance, or the consequences of going unrepresented are severe.
This means many everyday legal matters, while important to the people involved, don’t meet Legal Aid’s funding criteria.
How to check your eligibility
If you want to explore Legal Aid, you can:
- Call the LawAccess NSW helpline on 1300 888 529
- Visit a Legal Aid NSW office for an in-person assessment
- Complete an online eligibility check on the Legal Aid NSW website
Be prepared to provide detailed financial information and documentation about your legal matter.
What to do if you don’t qualify (or your matter isn’t covered)
Many people fall into the gap: they don’t qualify for Legal Aid, or their matter isn’t covered, but they feel they can’t afford private legal fees. If this is your situation, you have options.
Community legal centres provide free advice on some matters, though they also have capacity limits.
Private lawyers with transparent pricing are often more accessible than people assume. Many firms, including ours, offer free initial consultations and fixed-fee arrangements so you know costs upfront before committing.
The key is not to delay. Legal matters often have time limits, and early advice typically leads to better outcomes and lower costs.
When private legal help makes sense
Even if you might qualify for Legal Aid, there are reasons some people choose private lawyers:
- Faster response times: Legal Aid has limited resources and high demand
- Choice of lawyer: With Legal Aid, you’re assigned a lawyer; privately, you choose who represents you
- Broader scope: Private lawyers can handle matters Legal Aid doesn’t cover
- Continuity: The same lawyer handles your matter from start to finish
Getting help with your legal matter
If you’re unsure whether Legal Aid is right for your situation, or you’ve discovered you don’t qualify, our team can discuss your options. We offer obligation-free consultations and explain costs upfront before you commit to anything.
Book a free consultation to discuss your legal matter with our team.
