PART 4GENERAL MERITS CRITERIA

Standard criteria for determinations for legal representation39

An individual may qualify for legal representation only if the Director is satisfied that the following criteria are met—

a

the individual does not have access to other potential sources of funding (other than a conditional fee agreement) from which it would be reasonable to fund the case;

b

the case is unsuitable for a conditional fee agreement;

c

there is no person other than the individual, including a person who might benefit from the proceedings, who can reasonably be expected to bring the proceedings;

d

the individual has exhausted all reasonable alternatives to bringing proceedings including any complaints system, ombudsman scheme or other form of alternative dispute resolution;

e

there is a need for representation in all the circumstances of the case including—

i

the nature and complexity of the issues;

ii

the existence of other proceedings; and

iii

the interests of other parties to the proceedings; and

f

the proceedings are not likely to be allocated to the small claims track.