Not always. Legal information and first advice are free, but a grant of legal aid for ongoing representation usually requires a contribution, such as a minimum of $75 in NSW or $110 in the Northern Territory.

Can I choose my own lawyer on legal aid?

Often, yes. A grant can pay a legal aid lawyer or a private lawyer on the commission's panel. In Western Australia, you can name a lawyer on the application and usually keep them if they are on the relevant panel.

Does owning a house stop me getting legal aid?

Not necessarily. Assets count in the means test, and a commission can secure a contribution with a charge over property. The Legal Services Commission of South Australia says it will not force the sale of a property except in very rare cases.

How long does a legal aid application take?

Legal Aid ACT aims to process a grant within 10 working days, and Legal Aid NT usually decides non-urgent applications within 10 working days. Missing documents cause delays.

Can a legal aid lawyer ask me for extra money?

Under a Legal Aid WA grant, the lawyer cannot ask you to pay anything beyond your assessed contribution.

Legal Aid in Australia: Who Qualifies (Each State)

Legal aid in Australia is granted by the legal aid commission in each state and territory to people who pass a means test, based on income and assets, and a merit test, based on the prospects and benefit of the case. The matter must also fall within the commission's guidelines, which focus on criminal law, family law and some civil law.

To start, call your state's legal aid phone line or book a free advice session. You do not need a grant to get advice. A grant is needed only for a lawyer to run your case, and a legal aid or private lawyer usually completes the application with you. If you do not qualify, you can compare private firms among the best law firms in Australia.

Who qualifies for legal aid?

A person qualifies for a grant of legal aid when they pass three or more tests applied by the commission. The tests are similar across Australia, with different names and thresholds.

The means test

The means test asks whether you can afford a private lawyer. Commissions assess your income and assets, and often those of a spouse or anyone who supports you financially, unless that person is the other party in the dispute. The Legal Services Commission of South Australia, for example, looks at weekly disposable income after tax, housing, childcare and maintenance costs.

The merit test

The merit test asks whether it is reasonable to spend public money on the case. Legal Aid NSW weighs the benefit you could gain, or the harm you could suffer without aid, and whether you have reasonable prospects of success. The Legal Services Commission of South Australia applies the aim of placing applicants in an equal but not better position than a private person paying their own costs.

The matter or guidelines test

The matter test asks whether your type of problem is one the commission funds. Each commission publishes guidelines that set priority categories, such as a risk of prison, children's safety or family violence.

Other tests

Legal Aid NSW also applies a jurisdiction test, a forum test and an availability of funds test. The Legal Services Commission of South Australia funds only cases heard in South Australia.

What does legal aid cover?

Legal aid covers 3 main areas of law, and each commission sets its own limits.

Criminal law. Serious charges, especially where prison is possible, and charges in the Children's Court. The Legal Services Commission of South Australia must provide representation for indictable offences tried in the Supreme or District Court. Legal Aid WA funds charges dealt with in the District or Supreme Courts and some appeals.
Family law. Parenting disputes, child protection, family violence and family dispute resolution. Legal Aid WA funds parenting order applications, protection and care matters, family violence restraining orders and family dispute resolution conferences about children or property.
Civil law. Selected problems affecting basic needs, such as housing, income support, NDIS appeals, guardianship, mental health hearings and criminal injuries compensation.

Each commission also publishes exclusions. The Legal Services Commission of South Australia's guidelines generally exclude divorce unless it is complex, traffic and minor criminal matters, conveyancing, probate, defamation, commercial disputes, bankruptcy and intervention order applications. It also excludes cases where a private lawyer can recover costs, such as compensation claims that firms listed on No Win No Fee Lawyers in Australia commonly run instead.

Do you have to pay a contribution?

Most people granted legal aid pay a contribution towards the cost. The amount depends on your income and assets and on the likely cost of the case, and commissions can reduce or waive it in hardship.

State or territory	Contribution rules (as at September 2026)
NSW	Initial contribution under s 36(1)(a) of the Legal Aid Commission Act 1979 (NSW), from a minimum of $75, rising with net assessable income
Victoria	Part or full contribution depending on your finances, paid upfront, by monthly instalments or both
Queensland	Assessed under Legal Aid Queensland's means test
Western Australia	Cash contribution, security over property, or a final contribution after the case; no interest or fees charged
South Australia	Assessed on means; a statutory charge can be registered over property once costs pass a threshold
Tasmania	Usually $60 to $200; free for children and for family violence and mental health matters
ACT	A low-cost contribution, which can be waived if you cannot pay
Northern Territory	Minimum initial contribution of $110, with further contributions on a sliding scale

Victoria Legal Aid and Legal Aid WA never ask for more than the total they spend on your case. In Western Australia and the Northern Territory, a contribution can be increased if you receive money or property at the end of the case.

Legal aid by state: who to contact

Legal aid is run separately in each state and territory. Contact the commission where the case will be heard.

State or territory	Commission	Phone line	Tests named by the commission
NSW	Legal Aid NSW	LawAccess NSW, 1300 888 529	Means, merit, jurisdiction, forum, availability of funds
Victoria	Victoria Legal Aid	1300 792 387	Type of case, likely benefit, public benefit, financial situation
Queensland	Legal Aid Queensland	1300 65 11 88	Means, guidelines, merit
Western Australia	Legal Aid Western Australia	1300 650 579	Matter, means, merit
South Australia	Legal Services Commission of South Australia	1300 366 424	Means, merit, forum
Tasmania	Tasmania Legal Aid	1300 366 611	Ability to pay, strength of case, benefit against cost, type of case
ACT	Legal Aid ACT	1300 654 314	Means and merit
Northern Territory	Legal Aid NT	1800 019 343	Means, type of matter, merit

How do you apply for legal aid?

To apply for legal aid, take these 5 steps.

Get advice first. Book a free advice session with the commission or see a private lawyer who does legal aid work.
Complete the application with a lawyer. In Tasmania all applications are lodged online by a lawyer, and Legal Aid ACT accepts online applications.
Provide proof of income and assets. Commissions commonly ask for your Centrelink number, recent pay slips and recent bank statements.
Include the court papers. Charge sheets, court orders or the other party's application show what the case is about.
Respond quickly to requests. Missing information delays an application and can lead to refusal.

What if your legal aid application is refused?

If your legal aid application is refused, ask the commission to reconsider within its time limit, and add any new information about your finances or case. Victoria Legal Aid requires a reconsideration request within 14 days of the decision letter, and an independent review request within 21 days of the reconsidered decision. Legal Aid WA allows 28 days for each step, and its Review Committee's decision is final. Legal Aid NT allows 3 months for each step. You can also reconsider your options: a community legal centre, a law society referral scheme or a private firm offering a fixed fee.

Can you get legal aid for family law?

Yes. Family law is one of the three main areas of legal aid, with priority for matters involving children, family violence and child protection. Commissions fund family dispute resolution to help parents agree without going to court, such as Victoria Legal Aid's Family Dispute Resolution Service. The Legal Services Commission of South Australia caps Commonwealth family law grants at $16,500 for each parent or guardian. If you do not qualify, Family Lawyers in Australia compares private firms.

What is the difference between a legal aid lawyer and a private lawyer?

A legal aid lawyer is paid by the commission under a grant, and a private lawyer is paid by you. A grant can fund a lawyer employed by the commission or a private lawyer on its panel. In Western Australia, the grant pays the lawyer an hourly rate up to a maximum set by Legal Aid WA. Under a Legal Aid WA grant, the lawyer cannot charge you anything beyond your assessed contribution. A private lawyer you pay yourself is not limited by the grant, so you control how much work is done.

When you do not qualify: finding a lawyer

If you do not qualify for legal aid, free advice is still available. Free Legal Advice in Australia lists the phone lines and community legal centres in each state. For ongoing help, compare Family Lawyers in Australia and Criminal Lawyers in Australia, or look locally at Family Lawyers in Sydney, Family Lawyers in Melbourne, Criminal Lawyers in Brisbane and Criminal Lawyers in Perth. The guide How Much Does a Lawyer Cost in Australia? explains fees and fixed-fee options.