Attend final hearing

For legal aid to be granted for parties and non-parties or children (direct representation) to attend the contested final hearing the following tests must continue to be satisfied:

Parties to proceedings:

• the applicant meets the means test, and
• the applicant meets Guideline 1.2 – child protection, and
• the applicant meets Guideline 1.3 – child protection, and
• the applicant meets the merits test

  Non-parties:

• the applicant meets the means test, and
• the applicant meets Guideline 1.2 – child protection, and
• the applicant meets Guideline 1.4 – child protection, and
• the applicant meets Guideline 1.3 – child protection, and
• the applicant meets the merits test

Direct representation:

• the applicant meets Guideline 1.5 – child protection, and
• the applicant meets Guideline 1.3 – child protection, and
• the applicant meets the merits test

Applications for aid for children to be directly represented at a contested child protection hearing will be referred to a grants manager for determination, unless a Grants Manager has previously approved preparation. Where a Grants Manager has approved preparation, a Grants Officer may consider funding to appear at final hearing.

Documentary requirements

Extension requests received from preferred supplier or in-house practitioner

Practitioners seeking a grant of legal assistance must electronically submit an extension request via Grants Online attaching the appropriate checklist.

The following documents may be submitted or retained on file but may be requested by Legal Aid Queensland:

• A completed and signed Legal Aid Queensland application form.
• All documentation as outlined in part G of the case management standards - family law and case management standards - civil law.
• Copies of any relevant court documentation.

Grant(s) of aid

The grant of aid to attend a contested final child protection hearing (solicitor only) is CP14.

This is a maximum fee grant of aid for attendance at a day of a hearing and will be issued for each day of hearing.

Extension(s) of aid

Counsel

An extension of aid may be available for counsel to attend a contested final hearing and additional preparation for counsel for an adjourned trial if the nature and extent of funding criteria are met.

Additional preparation

An extension of aid may be available for additional preparation for solicitor for an adjourned trial if the nature and extent of funding criteria are met.

Other extensions

If the matter proceeds beyond the contested final hearing, extensions of aid may be available to continue representation at the following stages:

• Stage four – post final order assistance
• Stage five – appeal a child protection order