In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Family law
END OF Family law
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted to appeal a decision of SSAT to the Federal Circuit and Family Court of Australia the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:
The following documents are retained on file but may be requested by Legal Aid Queensland:
The court does not have power to appeal an error of fact (unless the error of fact is so manifestly wrong that it amounts to an error of law [Wednesbury unreasonable]).
Examples of errors of law include:
Legal Aid Queensland will only consider that an applicant cannot adequately represent themselves if the applicant meets the commonwealth legal aid service priorities - special circumstances of the applicant priorities.
Applications to appeal a decision of SSAT to the Federal Circuit and Family Court of Australia will be referred to the in-house family law team unless there is a conflict of interest.
The grant of aid to prepare and conduct reading is CS12.
The grant of aid to appeal to the Federal Circuit and Family Court of Australia is CS13.
The grant of aid to engage a private investigator is CS6.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).
Last updated 12 May 2022