Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 48C

Assignment of right to recover money to VLA

48C. Assignment of right to recover money to VLA





(1) If-

   (a)  an assisted person has a right to recover money in respect of any
        matter for which that person has been given assistance under this Act;
        and

   (b)  the assisted person owes money in respect of that matter to VLA; and



   (c)  the assisted person has not recovered that money within a time which
        is, in the opinion of VLA, reasonable-

the person must, within 21 days after VLA has served a notice on him or her to
do so, assign to VLA those rights and remedies which he or she has in respect
of the recovery of that money which are specified by VLA in the notice.

(2) A person who does not comply with a notice under subsection (1) is to be
taken to have assigned those rights and remedies to VLA on the expiration of
21 days after the service of the notice.

(3) VLA must pay to the assisted person any amount of money recovered by VLA
through the exercise of a right or remedy assigned under this section which
exceeds any money owing to VLA in respect of that matter and any of the costs
to VLA of recovering the money.