legal aid test

NAME: Beth Walters
THT 1 Legal Aid
Where would you refer each of these clients below for legal advice and possible
representation? Explain in detail all the options for legal assistance and any other services
that might help each of them.
Would you advise each of these clients to apply for legal aid? Explain why/why not for each
question? Refer to the LSC’s means, merits tests and guidelines in your answer. Of those you
refer to a grant of legal aid explain how the contribution and statutory charge and funding
caps may apply to them.
1. Geoff, an unemployed young man, separated from his girlfriend a few months ago. He has
had no contact with her but has just been told that she is expecting a baby in 6 weeks.
He does not know if he is the father of the child but wants to get a parentage test
urgently to find out as he has heard at the pub that he will have to pay child support
until the child finishes university.
What are all his options for legal and other assistance and why would you refer to them (1 1/2)
If it later goes to court which court is he likely to have his matter heard in? (1)
Describe how legal aid is assessed in his case (1/2)
Is he likely to be eligible? Explain your reasons (1)
2. A woman found she was pregnant after her boyfriend left her. During the pregnancy the
man decided he would like to be a part of the child’s life and has, since the birth,
regularly spent time with the child. When the baby was only young this time was at the
woman’s house but as the child grew older (18 months) the mother allowed
unsupervised time once a fortnight, whilst she was at work. During one of these
periods, the child’s father called the mother at her workplace to say that the child was
irritable and that he will drop the child off to the mother at her work. Upon the arrival,
the mother notices child has a filthy nappy, is vomiting and has a fever. The father says
that he thought the child was just tired. At the hospital the mother is told by a hospital
social worker that the father should never have time with his child without supervision.
The mother wants to prevent him seeing the child ever again.
What are all her options for legal and other assistance and why would you refer to them? (1
1/2)
If this goes to court which court/s is this matter likely to be heard in? (1)
Describe how legal aid is assessed in this case (1/2)
Is she likely to be eligible? Explain your reasons (1)

3. Anna suffers from a whiplash injury from a car accident over 3 years ago. She is hoping to
sue the driver for $160,000 as she is 55 and is now unable to work in the family fish
and chip shop and do any housework which is affecting her husband and teenage
children.
What are all her options for legal and other assistance and why would you refer to them? (1
1/2)
If it goes to court which court is this matter likely to be heard in? (1)
Is she likely to be eligible? Explain your reasons (1)
4. A fifteen year old was pulled over by a random breath testing unit. He had no alcohol in
his blood, but was noticed to be driving an unregistered vehicle. It turned out that the
vehicle was his parents’ second car, which had not been used for three months. The
parents are overseas on a business trip and are unaware that their son has been
driving their car. He has been charged with driving an unlicensed, unregistered and
uninsured motor vehicle.
What are all his options for legal and other assistance and why would you refer to them? (1
1/2)
If it goes to court which court is he likely to have his matter heard in? (1)
Describe how legal aid is assessed in this case . (1/2)
5. A nineteen year old uni student is caught in a dispute with the security staff at a southern
hotel. The youth, through his frustration smashed one of the entrance glass doors, then
proceeded to leave the premises. But he was unsuccessful as three security staff
members tackled him to the ground and began to hit him. In the fight, the staff
members alleged that the nineteen year old hit one of them in the eye and fractured
another guard’s thumb. He is charged with property damage and assault.
What are all his options for legal and other assistance and why would you refer to them? (1
1/2)
If it goes to court which court is he likely to have his matter heard in? (1)

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NAME: Beth Walters

THT 1 Legal Aid

Describe how legal aid is assessed in his case (1/2)

Is he likely to be eligible? Explain your reasons (1)

Describe how legal aid is assessed in this case (1/2)

Is she likely to be eligible? Explain your reasons (1)

Describe how legal aid is assessed in this case (1/2)

Is she likely to be eligible? Explain your reasons (1)

Describe how legal aid is assessed in this case . (1/2)

Is he likely to be eligible? Explain your reasons (1)

Describe how legal aid is assessed in this case (1/2)

Is he likely to be eligible? Explain your reasons (1)

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