Australia’s legal system is failing a growing segment of the population, according to Megan King, a sustainability and social impact partner at law firm Gadens. The issue involves what she calls the “missing middle”—people who earn too much to qualify for legal aid but cannot afford private legal fees.
King describes the situation as a serious access to justice crisis. The gap has widened as costs rise and public funding remains limited, as she explained in a recent discussion.
Who falls through the cracks?
The “missing middle” does not fit a single income bracket. It includes workers in essential services, small business owners, and middle-income earners who do not meet the strict eligibility thresholds for legal aid, often set at or below the poverty line. Even modest legal disputes, such as family law or employment issues, can quickly deplete savings.
King has witnessed the consequences directly. These individuals often face financial ruin after a single legal problem. The lack of affordable options forces many to represent themselves in court, placing them at a disadvantage in complex cases.
Corporate lawyers step in—sometimes
Pro bono work helps bridge the gap. King noted that corporate lawyers frequently agree to take on cases without charge. Most are willing to donate their time, a generosity she finds uncommon in other professions.
Yet pro bono efforts alone cannot solve the problem. Law firms have limited capacity, and demand for free legal services exceeds what they can provide. King highlighted systemic issues, including underfunded legal aid, stagnant government support, and a justice system built on the assumption that everyone can either pay for a lawyer or qualify for assistance.
A concerning trend is the rise of anti-rights movements in other democracies. While Australia has not experienced the same backsliding, she cautioned that complacency could weaken protections. The rule of law requires ongoing effort to maintain.
Legal aid budgets have been cut or frozen in several states, while private legal fees keep rising. Without changes, the missing middle will expand, leaving more people without help.
King is currently focused on smaller efforts to create change. In May, she will participate in the final leg of the Walk for Truth, a campaign advocating for a national truth-telling process for First Nations peoples. The event concludes at Parliament House in Canberra, aiming to push lawmakers to address historical injustices—another aspect of the broader struggle for access to justice.
“It’s not just about the law,” she said. “It’s about who gets to use it.”
