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LAB FAQS - Frequently Asked Questions
4. What is the ‘merits’ test?
The merits test means that the Board must be satisfied, before legal aid is provided, that it is reasonable to grant legal aid. In determining the merits of a case, the Board will take into account the following:
>the prospect of success in the proceedings;
>the availability of any method, other than court proceedings, for dealing satisfactorily with the problem, for example, mediation; and
>the probable cost to the Board of providing legal services as measured against the likely benefit to you if you are successful in the proceedings.
The merits test is modified in cases involving the welfare of a child, including cases about custody and access.
For further information in relation to the merits test please consult your law centre.
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