Legal Assistance
JusticeNet will attempt to refer eligible individuals and not-for-profit organisations to a solicitor or barrister who will act on a pro bono basis (for free).
Am I eligible for assistance?
In summary, to be eligible for assistance individuals must:
- have a case that has legal merit
- be ineligible for assistance from existing legal services (such as legal aid and community legal centres); and
- be unable to afford a private solicitor or barrister.
The complete eligibility criteria that JusticeNet uses to assess applications are set out below. JusticeNet will attempt to locate a pro bono legal services provider where:
- the applicant has insufficient means to afford requisite legal services without undue hardship; and
- the applicant is an individual, or is a not-for-profit organisation whose purpose(s) is primarily charitable;
- the applicant has a problem requiring a legal remedy for which:
a) there are reasonable prospects of a successful outcome; and
b) the applicant would suffer significant injustice if not legally represented; or
c) the matter concerns an issue of public interest; and
- the applicant is unable to obtain the requisite services from an alternative legal services provider, particularly the Legal Services Commission, a community legal centre or the Litigation Assistance Fund / Disbursements Only Fund, or a lawyer acting on a contingency basis; and
- the matter is of such a nature that the applicant could not reasonably be expected to self-represent; and
- the assessing committee considers in all the circumstances that the matter would be an appropriate use of available pro bono legal resources.
JusticeNet, in its absolute discretion, may also provide assistance in exceptional circumstances to applicants who do not meet the above criteria.
How can I apply for assistance?
If you believe that you meet these eligibility criteria then you can download an application form or contact JusticeNet on (08) 8303 5005 and we will send one to you.
Applicants are encouraged to contact JusticeNet to discuss their request for assistance before lodging their application.
Completed application forms, and copies of all relevant supporting documentation can be sent to JusticeNet at:
JusticeNet SA
Ligertwood Building
North Terrace
University of Adelaide
Adelaide SA 5005
The Assessment & Referral Process
Assessment
JusticeNet will acknowledge receipt of your application in writing. JusticeNet will assess the application against our eligibility criteria. All applications are assessed by an assessing committee made up of the Executive Director, a member of the JusticeNet management committee, and a barrister who is a member of JusticeNet. In assessing the matter, we may need to request further information, interview you and conduct some preliminary legal research.
Referral
If your application meets our eligibility criteria JusticeNet will endeavour to refer your matter to a JusticeNet member for pro bono assistance. A letter of referral will be sent to the solicitor or barrister who agrees to take up your matter, setting out the legal and factual issues.
If the matter is successfully referred, you will be notified in writing. You will then need to make contact with your pro bono lawyer. The arrangement between you and the solicitor or barrister will proceed as a normal lawyer/client relationship except that you will not be charged for professional legal fees.
JusticeNet will continue to monitor the progress of the service provided to you by the solicitor or barrister.
If your application is unsuccessful, or JusticeNet is unable to refer your matter, JusticeNet will write to you explaining why the application was unsuccessful or the matter could not be referred.
Timeframes
It is anticipated that applications will be assessed on a weekly or fortnightly basis depending on demand and urgency. Actual referral times will depend on a number of factors including the type of matter and complexity. JusticeNet may require additional information in some circumstances which may delay the assessment and referral process. JusticeNet will endeavour to give priority to matters which are urgent (in the opinion of JusticeNet).
Costs and disbursements
Making an application to JusticeNet is free.
JusticeNet members will ordinarily accept referrals on a pro bono basis, that is, the applicant will not be required to pay any fees for legal services provided. A JusticeNet member may act for you on a reduced fee or conditional fee basis, with your agreement.
Disbursements (out-of-pocket expenses, such as expert reports and filing fees) are generally your responsibility. The JusticeNet member or other lawyer may elect to contribute towards some or all disbursements.
If the matter involves litigation, and you are unsuccessful, you will be personally responsible for any costs (fees and disbursements) payable to the other party. These costs will not be met by JusticeNet.
Confidentiality
All information in documents and discussions with JusticeNet will remain confidential. No detailed information is passed onto participating solicitors and barristers unless they have agreed to act for you and have conducted checks for a conflict of interest. JusticeNet may discuss your case generally in its newsletter or in press releases about the case but in a way that preserves your confidentiality. If you have any objection or concerns about this, please raise your concerns with JusticeNet.
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