Applying for an amendment to a legal aid certificate
As legal proceedings progress, you may encounter circumstances where it appears you may need to exceed the authority granted in the original certificate. This can happen in some of the following circumstances:
- Cross-proceedings have been issued and need to be defended.
- Counsel needs to be retained when it was originally not envisaged.
- Expert witnesses need to be retained or reports need to be commissioned.
In circumstances such as these, you must apply for authority to exceed the terms of the original certificate. This authority is granted by amending the legal aid certificate. The document amending the legal aid certificate is called an amendment to the legal aid certificate.
The application should be concise but should provide essential information including the reason(s) why the additional steps and/or services are necessary. When the additional services relate to the engaging of a witness, an estimate of the fees involved should be obtained and included.
As with all submissions to decision makers, submissions for amendments to legal aid certificates are made on EOS. There are a number of different reasons to amend a certificate which will be considered in greater detail in the following pages.
Procedure 6.3 in Chapter 6 of the Administrative Procedures Handbook contains the procedure for applying for a delegated legal aid certificate on EOS