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 make an application for a departure order in the FMC 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:
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.
The grounds for departure are the same grounds as applying to the CSA for a change of administrative assessment. These are:
The CSA determines changes of assessments for periods up to 18 months earlier. This is done through the change of assessment and objection process. These are a free internal review processes. There is no available funding to assist applicants with preparation and representation.
The CSA can not change the assessment for a period more than 18 months earlier.
If parties dispute the outcome of the objection, they may apply to the SSAT. The SSAT is also restricted to the 18 month time limit.
In order to change an assessment that is more than 18 months old, the applicant must commence court proceedings for a departure order. If the period in dispute includes periods that are both less than and more than 18 months earlier, and it is the same issue, the matter can be dealt with by the court at the same time.
The court can not go back more than seven years from the date of the court application.
The applicant’s income is used in formula for calculating the administrative assessment. In order for the court to determine the administrative assessment is incorrect, the court will need to take into account the applicant’s income. For this reason, it is a requirement that applicant’s have filed tax returns as required by the ATO.
Applications to make an application for a departure order will be referred to the in-house family law team unless there is a conflict of interest.
The grant of aid that issues to read material is CS8.
The grant of aid that issues to apply for or respond to court proceedings is CS9.
The grant of aid that issues to engage a private investigator to undertake location searches 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 24 February 2017