For legal aid to be granted to make an application for a stay order the following tests must be satisfied:
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- a completed and signed Legal Aid Queensland application form
- proof of income and assets (refer to the means test).
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:
- proof of income and assets (refer to the means test.
The following documents are retained on file but may be requested by Legal Aid Queensland:
- a completed and signed Legal Aid Queensland application form.
The applicant cannot adequately represent themselves
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 applicants is experiencing severe financial hardship
Legal Aid Queensland may consider the applicant is experiencing severe financial hardship if:
- the CSA has commenced court enforcement of the child support debt
- the client is or is at risk of being unable to meet necessary expenses of self support (eg medication, mortgage)
- the client is receiving Centrelink, the CSA have a cap on garnishment of their Centrelink benefits. This would not be evidence that the client is experiencing hardship.
Allocation of a solicitor
Applications to make an application for a stay order will be referred to the in-house family law team unless there is a conflict of interest.
Grant(s) of aid
The grant of aid that issues to apply or respond to proceedings is CS7.
The grant of aid to engage a private investigator is CS6.
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).