Many individuals (or companies) who do not have the finances to pursue a claim or their entitlements cannot afford to do so.

Unless your matter is a criminal matter or a family law matter, you will not be eligible to make an application for funding through the Legal Services Commission for legal aid.

If your matter is not a personal injury matter, it is unlikely that you will find solicitors who will be prepared to conduct your matter on a “no win, no fee” or speculative basis.

The Law Society of South Australia provides litigation assistance funding for individual who are not eligible for legal aid, but have a good cause of action which they cannot afford to pursue.

The Litigation Assistance Fund will pay reasonable solicitor/client costs according to the scale appropriate to the jurisdiction. If litigation is successful, the Fund will receive a funding fee, being 15% of any judgment or settlement moneys.

In the alternative, the Litigation Assistance Fund also offers a Disbursements Only Fund (DOF). This enables payment of disbursements such as court filing, experts’ reports, witness fees, transcript and trial fees. The DOF does not include barristers’ and solicitors’ costs. If a DOF matter is successful, a fund fee will be levied, being repayment of the disbursements paid by the Fund together with an uplift of 25% to 100%.

An application for litigation assistance funding is assets and means tested. They will not provide funding for individuals who can afford to fund their own action. The Litigation Assistance Fund will also advance funds only on matters which have good prospects of success and accordingly it is often the case that they will require a detailed brief of the matter and even counsel’s opinion as to the chances of success.

Georgiadis Lawyers has had experience in making applications to the Litigation Assistance Fund and is prepared to assist clients in making such applications and will also consider on a case-by-case basis whether or not they are prepared to undertake matters on a speculative basis if the clients are only eligible for a DOF matter.

For further information about the Litigation Assistance Fund, you can contact Brenton Grant on (08) 8231 5255.