The Pro Bono Scheme Policy

Ghothane Lawyers’ s Pro Bono Scheme is an application-based program where eligible applicants are provided legal assistance for free or on a substantially reduced fee basis. This legal assistance can include:

•  Legal advice
• Assistance with drafting documents
• Representation at Mediation
• Representation in Court
• On-going legal representation

Definition of Pro Bono

“Pro bono” comes from the Latin phrase “pro bono publico” which means “for the public good”. In the legal context it generally means the provision of legal services on a free or significantly reduced fee basis, with no expectation of a commercial return.

The Australian Pro Bono Centre’s definition of “pro bono legal services” is as follows:

• Giving legal assistance for free or at a substantially reduced fee to:
  • Individuals who can demonstrate a need for legal assistance but cannot obtain Legal Aid or otherwise access the legal system without incurring significant financial hardship
    or
  • Individuals or organisations whose matter raises an issue of public interest which would not otherwise be pursued or
  •  Charities, other not-for-profit organisations or social enterprises, in each case where their sole or primary purpose is to work in the interests of low income or disadvantaged members of the community, or for the public good
• Conducting law reform and policy work on issues affecting low income or disadvantaged members of the community, or on issues of public interest or
• Participating in the provision of free community legal education on issues affecting low income or disadvantaged members of the community or on issues of public interest or
• Providing a lawyer on secondment at a community organisation (including a community legal organisation) or at a referral service provider such as a Public Interest Law Clearing House

The following is NOT regarded as pro bono work for the purposes of this statement:

•  Giving legal assistance to any person for free or at a reduced fee without reference to whether that person can afford to pay for that legal assistance or whether that person’s case raises an
  issue of public interest
• Free first consultations with clients who are otherwise billed at a firm’s normal rates
• Legal assistance provided under a grant of legal assistance from Legal Aid
• Contingency fee arrangements or other speculative work which is undertaken with a commercial expectation of a fee
• The sponsorship of cultural and sporting events, work undertaken for business development and other marketing opportunities
• Time spent by lawyers sitting on the board of a community organisation (including a community legal organisation) or a charity.

Who is eligible?

To be eligible for assistance under the Scheme, applicants must:

•  Have applied for and been refused Legal Aid (please provide us with correspondence confirming this) or have a matter for which Legal Aid is not available
• Have a type of matter covered by the Scheme
• Satisfy the means assessment applied by the Scheme
•  Have a matter that has merit and/or reasonable prospects of success
  or
•  Referred applicant by not-for-profit organisations and charities that has been deemed eligible for Pro Bono

While the Scheme will make every effort to help an eligible person, there is no guarantee that you will receive assistance.

This system operates on a purely voluntary basis and the Scheme is unable to compel any practitioner to accept referrals.

Guidelines

The following types of matters covered by the Scheme:

• Divorce application
• Family law matter related to children like live with and spend time with disputes
• Immigration assistance
• Legal assistance for not-for-profit organisations and charities

Disbursements

Applicants will be charged for expenses incurred on their behalf for services supplied or payments charged by third parties including barrister fee. We will seek the client’s consent prior to incurring any disbursements.

We will do our best to seek for fee waiver wherever possible.

How do I apply?

Complete and email Application for Pro Bono Referral Form at info@ghothane.com.au with relevant supporting documents.

hile we encourage all applicants to email application, we accept paper applications from applicants that cannot use this option.

Please follow these instructions:

•  Print out the Application for Pro Bono Referral Form
• Fill out the form in full and sign and date on the back page
• Double check you have attached the relevant supporting documentation listed on Page 6 of the Application Form.
• Send the completed and signed application form and all documentation to:
  Ghothane Lawyers
  The Pro Bono Scheme
  Level 1, 550 Lonsdale Street
  Melbourne VIC 3000

What happens next?

• Receipt of your application
  After you have submitted the application form and supporting documents via email, you may receive a confirmation email. If you have any additional documents to provide, please email info@ghothane.com.au.
• Assessment of your application
  Your application will be reviewed, and we may contact you to request additional documents/information. The onus is on an applicant to provide the requested documentation/information. You should provide the requested documents/information to avoid delays, or your file being closed.
• Outcome
  Your application will be assessed when you provide all the requested documents/information. We’ll assess your application against the eligibility criteria for assistance under the Scheme. We’ll notify you of the application outcome by email or post.

If you have not received a response within 30 days, please contact the Principal Lawyer.

Type of assistance

We will inform the applicants whether the application is approved or rejected and if approved whether it is free or on a substantially reduced fee basis.

Terms and conditions

I ACKNOWLEDGE that:

•  Applications will not be processed until the Ghothane Lawyers Pro Bono Scheme has received all requested documentation. This includes:
  Legal Aid refusal letter
  • Bank statements from the last three months for yourself and any financially associated persons
  • Payslips received in the last three months for yourself and any financially associated persons
  • Centrelink statements outlining benefits received in the last three months for yourself and any financially associated persons
  • Details outlining assets and liabilities for yourself and any financially associated persons
  • Any relevant court documents relating to the matter and
  • Any other supporting documents.
• Updates will not be provided during the Application process
• I/We agree to adhere to a code of conduct that includes dealing with staff in a courteous and respectful manner. I/We will not swear; be racist; make sexist, rude or offensive comments; yell; threaten to harm myself or others; or contact the Scheme when I/we have been drinking or taking drugs. We reserve the right to cease communication with you if you fail to comply, and your application will be returned.
•  I/We remain responsible for meeting all Court commitments or commencing all legal action within the statutory time limits
• The Ghothane Lawyers Pro Bono Scheme takes a minimum of ten working days to process my/our application after all documentation has been received
• It may not be possible to find a solicitor willing to do the work on the basis requested, or in the location or legal area concerned
• I/We may not be eligible for assistance under the Ghothane Lawyers Pro Bono Scheme guidelines or at the discretion of the Pro Bono Scheme Solicitor
• The Ghothane Lawyers Pro Bono Scheme is not required to provide reasons for their decision as to whether or not they accept my/our application for referral
• I/We have no right of action against the Ghothane Lawyers or its employees in any event arising from this application or any assistance obtained from a firm referred by the Scheme.

In submitting an application for Pro Bono Assistance, you agree to accept these terms and conditions.

Please also be advised of the following points

• We require a minimum of ten (10) working days to assess applications. The assessment time will depend on the volume of applications received and the complexity of your matter.
• Due to the large volume of applications received, we are unable to:
  • Confirm receipt of applications or documents by telephone or email
  • Provide updates on the progress of your application and
  • Prioritise and expedite applications, including applications with urgent Court dates
• We do not commence work on applications until all documentation/information is received by the Scheme.
• The onus is on an applicant to provide the requested documentation/information. If you do not provide this, we will be unable to process your application and close your file.

Can you assist with an urgent application?

We are unable to prioritize and expedite the assessment of applications, including applications with urgent Court dates.

I need to apply for Legal Aid or I’m awaiting an outcome from a Legal Aid application. Can I still apply for the Pro Bono Scheme?

To be eligible for assistance under the Scheme, you must have applied for and been refused Legal Aid or have a matter for which Legal Aid is not available. You may apply to the Scheme when you are able to provide a Legal Aid refusal letter or email