Resolving family law problems through dispute resolution processes

Legal Aid Queensland is a national leader in the provision of lawyer assisted family law dispute resolution. We provide a state-wide lawyer assisted family dispute resolution program. We aim to resolve family law disputes before matters go to court, or before a final hearing is necessary if court proceedings have started.

We have dispute resolution conference organisers in Brisbane and other regional centres around the state to help families. Family law dispute resolution conferences are held at our Brisbane and regional offices to help separating couples resolve their family law issues without the need to resort to litigation. We also provide a support service to help people implement their conference agreement. An important part of our dispute resolution program is our property arbitration program.

6,837 people took part in Legal Aid Queensland dispute resolution conferences in 2010-11.

Providing services to the farming community

Our Farm and Rural Legal Service helps farmers, rural landholders, rural land occupiers and their representatives to sort out disputes with mining, gas and other energy companies and similar activities like rail development. We also advise primary producers and primary producer-based businesses who are experiencing financial hardship about their legal position and help them negotiate with their banks and finance providers.

Collaborative Insurance Law Service

In 2010-11 we joined forces with Caxton Legal Service, the national Insurance Law Service and Legal Aid New South Wales to provide a collaborative insurance law service to assist clients with dispute resolution for their insurance claims following the Queensland floods and cyclones. The service aims to help people through insurers’ internal dispute resolution processes, and if appropriate through external dispute resolution with the Financial Services Ombudsman, to resolve claims without needing to go to court.

Lawyers use a person’s insurance policy, their statement, hydrology reports and damage assessments to prepare a strategy for each individual claim. Detailed submissions marshalling the facts and flagging legal arguments are sent to insurers, seeking review of refused claims.

With early legal advice and assistance, a number of insurance claim rejections have been overturned. Internal dispute resolution submissions have been made to insurers, and a number of these have been successful.

Referrals have been made to the Financial Ombudsman Service to review refusals or in relation to delay in providing a response to an insurance claim.