Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 47A

Costs may be charged on the land

47A. Costs may be charged on the land





(1) If any amount required to be paid to VLA by an assisted person is subject
to a condition under section 27(1)(c)(i), VLA may secure the payment of that
amount (including any unpaid interest) and any interest which may become due
and unpaid on the whole or any part of that amount under this Act by taking
out a charge over any land which is recovered or preserved for the assisted
person in the proceedings.

(2) If-





   (a)  an amount required to be paid to VLA by an assisted person has not
        been paid; and



   (b)  the assisted person is registered as the proprietor of an estate in
        fee simple, either solely or as a joint tenant or a tenant in common,
        in land under the Transfer of Land Act 1958 or holds an estate in fee
        simple or an equity of redemption, either solely or as a joint tenant
        or a tenant in common, in land not under that Act; and

   (c)  the assisted person has refused or failed to pay the amount, within
        the time directed by VLA, or to give a charge over the land to secure
        the payment of that amount-

VLA may secure the payment of any amount which has not been paid (including
any unpaid interest) and any interest which may become due and unpaid on the
whole or any part of that amount under this Act by taking out a charge over
that land.

(3) A charge taken out by VLA is to be for the benefit of the Legal Aid Fund.