Commonwealth Public Interest and Test Cases Scheme

The Commonwealth Public Interest and Test Cases Scheme funds the reasonable costs of legal representation for Commonwealth cases that are of public importance.

A case of public importance is one that, in the opinion of the Attorney-General, will:

  • settle an uncertain area or question of Commonwealth law
  • resolve a question of Commonwealth law that affects the rights of a disadvantaged section of the public.

You can apply for funding to cover:

  • reasonable legal representation costs
  • disbursements. 

Disbursements are costs your legal representative incurs while acting for you such as obtaining reports, court transcripts and expert opinions. 

We will not usually provide legal financial assistance:

  • if you can meet your legal costs without incurring serious financial difficulty
  • for costs incurred before you apply.

How to apply

  1. Download and complete the Application Form for Legal Financial Assistance.
  2. Download and complete the Nationally Coordinated Criminal History Check form.
  3. Email completed forms and required documents to finass@ag.gov.au.

Do not submit the Nationally Coordinated Criminal History Check Form to any other organisation. We will submit it on your behalf as part of your application assessment.

How we assess your application

Your application will be assessed under the:

When we assess your application, we consider:

  • your income, assets, liabilities and expenses (including whether you are able to sell assets or secure a loan against them)
  • whether your legal representative has received or may receive any payment or legal assistance from a third party
  • the estimated cost of the legal proceedings
  • whether the costs of the legal action will cause you financial hardship.

In most cases, we consider that you are unable to meet the cost of the legal action if you receive Centrelink benefits as your main source of income.

We may also consider situations where you are temporarily unable to access your finances due to circumstances outside your control. For example, domestic violence, incarceration or where your assets have been restrained but may be returned to you at a later time.

Assessment timeframe

If your application is complete, we will assess it within 28 days. If it is incomplete, we will notify you and ask for the missing information. We will not assess incomplete applications.  

Find out more

To contact the Legal Financial Assistance Casework team, email finass@ag.gov.au.

If you need an alternative way to contact us, you can leave a message for the team with our department’s switchboard at 02 6141 6666 (or +61 2 6141 6666 for overseas callers). 

If you are deaf or have a hearing or speech impairment, contact the department through the National Relay Service and give 02 6141 6666 as the number you would like to call.