Bayside Solicitors Challenges VLA’s Criminal Mention Hearing Policy in Open Letter

Frankston law firm Bayside Solicitors has released an open letter addressed to the Chair of Victoria Legal Aid (VLA), raising concerns about the legality of a funding policy that affects private practitioners appearing at criminal mention hearings. The letter has also been sent to Attorney General Sonya Kilkenny and Chief Magistrate Lisa Hannan.

Key Points Raised

Policy Allegedly Unlawful

Bayside Solicitors claims that the VLA policy is in breach of administrative law principles. Specifically, the firm criticises the refusal to fund private practitioners for court appearances involving some of the community’s most vulnerable individuals.

Triggered by Compliance Audit

The open letter follows a VLA audit, which sought to recover fees as low as $553 (incl. GST) per court appearance. Bayside Solicitors argues this approach places unreasonable financial and ethical strain on firms delivering legal aid.

Lawyer Commentary

Ashley Tickner – Director

“We have proudly provided VLA-funded criminal law services since 1998. VLA’s restrictive policies are now severely compromising our ethical obligations to courts and clients.”

Brett Halliwell – Associate

“Our VLA clients are often complex and vulnerable. Without funding for mention hearings, we are constrained in how we appear before the court — and that affects justice.”

Systemic Consequences

Magistrates reportedly express frustration when defence lawyers are absent from hearings — an issue increasingly common due to VLA’s funding limits. Bayside warns of a potential collapse in the private practitioner model if funding does not reflect the workload.

Legal Grounds for the Challenge

The letter outlines nine key points, including:

• Lack of transparent policy publication
• False assumptions about legal efficiency
• Ethical risks to lawyer independence
• Economic unsustainability for criminal defence lawyers
• Potential harm to justice system function

A full summary of these grounds is available on request.

Background

Bayside Solicitors, based in Frankston, Victoria, has provided legal services since 1998. The firm employs 20 staff and has completed thousands of criminal law matters under the VLA scheme.

Media Contact

Brett Halliwell
Phone: [Insert Number]
Email: [Insert Email Address]

Download the Open Letter

Click here to download the full open letter (Word Doc).

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