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Court proceedings to obtain an order for parentage testing in child support matters

Assessment criteria

For legal aid to be granted for court proceedings relating to parentage testing for child support matters, the following tests must be satisfied:

  • The applicant meets the means test, and 
  • The applicant meets guideline 8 – paternity, and
  • Either of the following applies:
    • The other party has refused to undergo DNA testing and a court order is required to obtain an order, and/or
    • Declaration pursuant to section 106A or section 107(1) Child Support (Assessment) Act 1989 is required. (This includes where the other party is overseas in a reciprocating jurisdiction), and
  • The applicant meets the merits test.

Documentary requirements

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)
  • copies of any relevant documentation.

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 the applicants income and assets (refer to the means test)
  • copies of any relevant documentation.

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

  • a completed and signed Legal Aid Queensland application form.

Interpretation

Merits test

When applying the merits test to applications for aid to initiate court proceedings to obtain a parentage testing order Legal Aid Queensland will consider whether court proceeding are required, if Legal Aid Queensland consider the matter could be resolved without court proceeding aid will be refused in accordance with "the Prudent Self-Funding Litigant test", and/or "the Appropriateness of spending limited public legal grants of legal assistance funds test".

Declaration pursuant to section 106A or section 107(1) Child Support (Assessment) Act 1989 is required

  • Section 106A - declaration that a person should be assessed in respect of the costs of the child.
  • Section 107 - declaration that a person should not be assessed in respect of the costs of the child.

Allocation of a solicitor

Applications for court proceedings relating to parentage testing 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 to apply or respond to proceedings in the Federal Circuit Court of Australia is CS7.

Extension(s) of aid

  • The grant of aid to obtain a standard parentage test is DNA1.
  • The grant of aid to obtain an additional standard parentage test is DNA2.
  • The grant of aid to obtain an overseas parentage test is DNA3.
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