By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- The Legal Services Commission of South Australia assesses an application for legal aid on four criteria, and it must meet all four: means, merits, forum (the case is to be heard in South Australia) and the Commission's funding guidelines on the type of matter.
- No dollar income limit is published. The Commission works out your weekly disposable income and applies a sliding scale set by the Henderson Poverty Line. Below the poverty line you are assessed at the minimum contribution level. To check where you stand, ring the free Legal Helpline on 1300 366 424, 9am to 4:30pm Monday to Friday.
- Your home: equity in the place you live is not counted. But if you or a financially associated person own real estate, the Commission registers a charge over it once your legal costs exceed $2,530, so the aid is repaid later.
- Your car: equity is not counted up to $30,000 per vehicle per adult driver in the household. Other assets count above an "allowable asset amount" that the Commission does not publish.
- Legal aid is not free: the contribution is at least $70 for family law matters and $50 for all other matters, and it can be much more.
- Not eligible, or not sure? A 60-minute consultation with a lawyer who practises in South Australia is a fixed $295. Call 1800 577 015 at any hour for free general legal information, or request a consultation.
The Legal Services Commission of South Australia publishes no dollar income limit: it applies a sliding scale tied to the Henderson Poverty Line to your weekly disposable income, does not count equity in the home you live in (though a charge over real estate applies once costs exceed $2,530), and does not count car equity up to $30,000 per vehicle per adult driver.
Everything this page says about legal aid in South Australia was read on 22 October 2026 from the Legal Services Commission's own website: its "Eligibility", "Means Test" and "Costs" pages, which carry no date other than a 2026 copyright notice. The Commission publishes no income threshold, no figure for its allowable asset amount and no cap on home equity. It decides each application itself; this page is not a promise of eligibility.
The four criteria
- Means: how much a person with your income and assets can afford to pay for the legal services needed. The Commission also looks at your lifestyle (see below).
- Merits: the Commission must be satisfied that the matter is an appropriate use of public legal aid funds. Where the matter has no reasonable prospects of success, legal aid is refused.
- Forum: aid is granted only for cases to be heard in South Australia.
- Funding guidelines: the type of matter must be one the Commission funds. In criminal matters there must be a likelihood of a prison sentence. Family matters, other than an emergency, must involve a genuine dispute over children that cannot be resolved by negotiation or counselling.
The income test
The Commission counts all the money received by you and by any financially associated person, such as a spouse or de facto partner, unless you are in legal conflict with them. From that it deducts what is actually paid in income tax, the Medicare levy, rent or mortgage on your home, council and water rates, childcare needed to work or study, child support for children who do not live with you, and spouse maintenance, plus an allowance for each dependant taken from the Henderson Poverty Line tables. The base rate of Family Tax Benefit Part A is not counted as income.
A sliding scale is then applied to what is left. It is set by the "Head in workforce, cost other than housing" figure in the Henderson Poverty Line tables, which the Melbourne Institute publishes. If your disposable income is below the poverty line, you are assessed at the minimum contribution level. The Commission does not publish the dollar figures it uses or the scale itself. If you can show that you receive full Centrelink benefits, the income part of the test is satisfied.
The assets test
The Commission counts your equity in all your assets, and those of any financially associated person, apart from excluded assets. It then takes off an "allowable asset amount" and applies a sliding scale to the rest. The allowable asset amount "varies, depending on whether a person is single or has dependents" and is updated in line with the Consumer Price Index and Average Weekly Earnings, but the Commission does not publish the figure.
| Not counted (excluded assets) | Limit |
|---|---|
| Equity in the place you or a financially associated person live, including land on which you are building a home to live in | No cap is published, but a charge applies to real estate once costs exceed $2,530 (see below) |
| Equity in a motor vehicle | Up to $30,000 per vehicle per adult driver in the household, not counting collectable vehicles |
| Ordinary household furniture, clothing and personal effects | No limit stated |
| Tools of trade | Unless of exceptional value |
| Equity in a farm or business that is your main source of income | Up to a maximum based on the pension assets test limits; the Commission gives no figure |
An asset that would normally be excluded may be counted if it is likely to be sold during the case, or will otherwise give you money to pay for a lawyer.
Your home and the statutory charge
If you or a financially associated person own real estate, the Commission says legal aid "is really only a loan". Once the cost of your matter exceeds $2,530, it registers a charge over the property, whether or not there is still a mortgage on it. The full amount must be paid back when the property is sold, transferred, refinanced or further mortgaged, or when the owner dies. The Commission says it will not force the sale of the property except in very rare cases.
The lifestyle test
The Commission may also look at your lifestyle and that of any financially associated person. If it considers that your lifestyle shows you could afford a private lawyer, the application may be refused.
What legal aid does not normally cover
The Commission's guidelines say legal aid is normally not provided for:
- commercial and business matters;
- divorce;
- family property settlements, unless there are special circumstances;
- traffic offences, including drink driving, unless there is a real risk of imprisonment or special circumstances;
- conveyancing, and probate or claims on deceased estates;
- defamation; and
- neighbour and fencing disputes.
The full list is on the Commission's "Eligibility" page. The guidelines can be waived in special or exceptional circumstances.
Serious criminal charges
If you are charged with a serious offence, meaning an indictable offence to be tried in the District Court or the Supreme Court, the Commission says the Criminal Law (Legal Representation) Act 2001 (SA) requires it to provide representation, whether or not you would ordinarily be eligible for legal aid. It can set conditions that must be met or agreed to first, and in these matters the means test is used only to work out your contribution.
What legal aid costs
- A contribution at the start: at least $70 for family law matters and $50 for all other matters, and it can be much more, depending on your circumstances. Your lawyer does not have to do any work until you have paid it. You may be asked for further contributions as the case goes on.
- A charge over real estate once costs exceed $2,530, as described above.
- A cap on the grant. The Commission's eligibility page puts the cap at $50,000 in criminal cases, or $100,000 where more than one party is legally aided. For family law it gives two different figures: $16,500 for each parent or guardian in Commonwealth family law cases on its eligibility page, and $15,000 for each parent or guardian in family cases on its costs page. Ask which applies to you.
How to find out whether you qualify
- Ring the free Legal Helpline on 1300 366 424, 9am to 4:30pm Monday to Friday, and ask whether your matter and your means are likely to qualify.
- When you apply, you, and your spouse or de facto partner, must give proof of income and assets with the application: for example recent pay slips or a Centrelink income statement, bank statements for all your accounts, and a council or water rates notice if you own real estate.
- The Commission says an application that arrives without these documents will not be processed but sent back.
If you earn too much for legal aid
- Ring the Legal Helpline on 1300 366 424 and ask what help there is for your problem.
- Community legal centres give free help to some groups of people and in some areas of law.
- A private lawyer. Go To Court Lawyers arranges a 60-minute consultation with a lawyer who practises in South Australia for a fixed $295, by phone, video or in person, and the lawyer tells you what any further work would cost before you commit. Call 1800 577 015 at any hour, or request a consultation.
Legal aid in other states uses published figures. Legal Aid Queensland, for example, does not normally grant aid to a single person in the workforce with no children earning more than $1,040 gross a week (see legal aid eligibility in Queensland); Victoria Legal Aid's test uses assessable income after allowable expenses.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. If you want advice, a 60-minute consultation with a lawyer who practises in South Australia is a fixed $295, by phone, video or in person. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Go To Court Lawyers is not part of the Legal Services Commission of South Australia and cannot decide a legal aid application.
General information only, not legal advice. Updated 22 October 2026. Read on 22 October 2026 from the Legal Services Commission of South Australia's "Eligibility", "Means Test" and "Costs" pages, which show no date beyond a 2026 copyright notice.