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Legal Aid Caveat

Once we have paid accounts (excluding GST) over $2,280.00, we will ask you to pay another contribution and charge a fee for the property. The contribution is equal to the difference between the amount of your previous contributions and the amount of legal costs paid by the Commission. We can still cover the costs even if you refuse to sign the consent if the cost paid exceeds $2,280.00. However, if you do not agree, legal aid will usually be discontinued. Legal aid is considered a loan. You may have to repay some or all of your legal aid, depending on how much you earn, what property you own and whether you receive money or property as a result of your case. Under what circumstances can Legal Aid NSW be a caveator? Legal aid is not always free. If we ask you to sign an indictment, it is a condition for your lawyer. You should talk to your lawyer at length about what an indictment is and seek advice before signing the legal document.

If you do not agree and do not sign the indictment, we may refuse to provide legal advice or cancel your legal advice. The Commonwealth funding guidelines set a limit on the amount of legal aid that can be provided in a particular case. This is called the Commonwealth funding ceiling. This ceiling applies to all aid, including aid for which a statutory tax has been introduced. This is a complex area of law, and there are time limits for filing an application with the court. Get legal advice before signing an agreement. A fee is a legal document that states that you will reimburse us for your legal aid money when you sell, transfer, refinance or lend your home or property. The only fees we charge are those we have to pay Landgate to register and remove a monument or reservation against land. If you own a property, Legal Aid WA may ask you to provide security for your contribution by giving us a monument to your property. A memorial gives us a claim against the property to cover your legal fees.

A reservation is a legal notice of your property at the Land Titles Office. The warning tells people that you have an interest in this property. The property cannot be sold until the reservation is deleted. Under section 34B of the Legal Aid Commission Act 1979, where a person receiving legal aid owns property such as a house, Legal Aid NSW may charge a reasonable fee for the property to cover the cost (if estimated to be more than $2000) of legal services, except in the case of an exempt matter. This fee gives legal aid “reserved interest” under the Property Act 1900 (NSW), which allows them to make a reservation. When Legal Aid NSW does this, it ensures that no handling of property is recorded without prior notification. Your repayment schedule may be changed or suspended. In some cases, some or all of your legal aid debts may be cancelled if you are unable to repay them. If a person granting you financial assistance owns a property, they can provide a guarantee for your contribution by agreeing that Legal Aid WA can make a reservation on their property. The reservation is registered with Landgate and indicates that Legal Aid WA has a claim against the property.

There are things you can do to protect your property, for example, through a “reservation” or a “restraining order”. This procedure is not always possible. You must prove to the registrar of the Land Titles Office that you have an interest in the property. Get legal advice. If in doubt, contact Legal Aid Debt on 0800 600 090 or find out more about how to pay a legal aid debt. If you agree to sign a fee, we will register a legal notice about your property with the Land Titles Office. This opinion is called a reserve. This makes people aware that we have an interest in your property. Registering a reservation usually costs less than $100. These costs are added to the amount guaranteed by the fee. If you are unsure how the fees will affect you or if you need to ask questions, please contact your lawyer or our legal fees officer.

We can`t waive fees just because you didn`t know or understand how they work. It`s up to you to make sure you understand it. If you have questions, now is the time to ask them. If you do not wish to benefit from legal aid under these conditions, please inform us now. Our firm has received contracts from the Legal Aid Agency in the areas of family law, criminal law and immigration and can offer free advice to those who qualify in these areas. Due to changes brought about by recent legislation (LASPO 2012), the right to free legal advice through legal aid may be limited. You can contact us at the number provided at the top of this page to discuss eligibility criteria and an assessment can be made to see if you are eligible. If we are unable to assist you with legal aid, we will do everything in our power to ensure that you receive the best possible legal advice and we will know how much we think it will cost to process your case. Fees are charged at a competitive hourly rate and, in some cases, we may offer a flat fee for certain services. We also offer flexible and affordable payment terms that give you peace of mind and allow you to manage your finances.

We can offer a free initial consultation in most departments to discuss your case, give a general overview and advise you on how we can help you. For more information or to make an appointment with a lawyer, call us today or email us at info@caveatsolicitors.com You can also ask to have your legal aid stopped, but you may have to repay some or all of the help you have received so far. Legal aid is government funding to pay for a lawyer to people who cannot afford one and who need it in the interests of justice.