(iii) stop an entity from suffering, or continuing to suffer from, a detriment; (e) whether a decision in the proceeding will resolve a question that affects a part of the community that is socially or economically disadvantaged; (f) whether the Commonwealth law under which the question in the legal action arise has been amended to deal with the question in issue; (g) whether a court has previously decided the same question of law or facts and only a few people were affected by the previous law; (h) the number of people affected by the outcome of the court’s decision; (i) whether the applicant has previously legal action to deal with the same questions of law or facts; (j) whether a party to the proceeding has been found by a court to be a vexatious litigant; (k) whether there are questions of interpretation of State law or the common law in the legal action. l) assistance for cases where the Commonwealth or State or Territory Government is a party and is to present public policy arguments on behalf of the Australian community will not be funded. (2) In determining the prospects of the success of the legal action, matters to which the decision maker may have regard include, but are not limited to, the following: (a) whether a to the legal action has a reasonable case to argue; (b) whether the legal action is fanciful or raises only speculative arguments. (3) In deciding whether a particular proceeding will settle an uncertain area of law, the decision maker may have regard to an opinion from counsel (whether sought by the Department or another entity) and the views of a relevant government organisation with responsibility for administering the relevant law. (4) In deciding whether a particular proceeding will resolve an important question arising Commonwealth law that affects the national interest, the matters to which the decision maker may have regard include, but are not limited to, the following: (a) material prepared or provided by groups with a special interest in the law; (b) a report of a Parliamentary Committee that deals with the law; (c) a report of a commission of inquiry that deals with the law; (d) the opinions of an agency with policy responsibility for the law.
(iii) stop an entity from suffering, or continuing to suffer from, a detriment; (e) whether a decision in the proceeding will resolve a question that affects a part of the community that is socially or economically disadvantaged; (f) whether the Commonwealth law under which the question in the legal action arise has been amended to deal with the question in issue; (g) whether a court has previously decided the same question of law or facts and only a few people were affected by the previous law; (h) the number of people affected by the outcome of the court’s decision; (i) whether the applicant has previously legal action to deal with the same questions of law or facts; (j) whether a party to the proceeding has been found by a court to be a vexatious litigant; (k) whether there are questions of interpretation of State law or the common law in the legal action. l) assistance for cases where the Commonwealth or State or Territory Government is a party and is to present public policy arguments on behalf of the Australian community will not be funded. (2) In determining the prospects of the success of the legal action, matters to which the decision maker may have regard include, but are not limited to, the following: (a) whether a to the legal action has a reasonable case to argue; (b) whether the legal action is fanciful or raises only speculative arguments. (3) In deciding whether a particular proceeding will settle an uncertain area of law, the decision maker may have regard to an opinion from counsel (whether sought by the Department or another entity) and the views of a relevant government organisation with responsibility for administering the relevant law. (4) In deciding whether a particular proceeding will resolve an important question arising Commonwealth law that affects the national interest, the matters to which the decision maker may have regard include, but are not limited to, the following: (a) material prepared or provided by groups with a special interest in the law; (b) a report of a Parliamentary Committee that deals with the law; (c) a report of a commission of inquiry that deals with the law; (d) the opinions of an agency with policy responsibility for the law.
commonwealth-guidelines-for-legal-financial-assistance-2012.docx