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 end a child support agreement 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:
A binding child support agreement requires both parties to seek legal advice before signing the agreement. The lawyer for each party must sign a certificate to say that legal advice has been given. The certificates of the lawyers must be attached to the agreement.
Child support agreements that were made (often without the benefit of legal advice) and accepted by CSA prior to 1 July 2008 and continue to have effect from 1 July 2008. These agreements are treated as binding agreements under the transitional provisions of the legislation.
Binding agreements are intended to finalise child support matters between parties and will be difficult to have terminated. Legal Aid Queensland may only consider that an applicant is likely to have prospects of success in having a binding or transitional binding agreement terminated if there is evidence that:
Applications to end a binding or transitional agreement will be referred to the in-house family law team unless there is a conflict of interest.
The grant of aid for a solicitor to read the material and provide an opinion in relation to the applicants prospects of success is CS8.
If the assessing officer is satisfied that the applicant has prospects of success, an extension of aid is available to apply or respond to court proceedings under the CS9 grant of aid.
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 15 December 2015