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 for the independent representation of children in the Family Law Courts the following tests must be satisfied:
Legal aid for independent children’s lawyers is only provided upon receipt of a copy of a court order requesting Legal Aid Queensland to appoint an ICL.
Legal Aid Queensland normally deems matters where the court has ordered an ICL be appointed to meet the merits test; however, Legal Aid Queensland will also have regard to the appropriateness of spending limited public funds test.
In order to undertake ICL work practitioners must be appointed to the specialist ICL Legal Aid panel.
The independent representation of children will be provided on an in-house basis unless there is a conflict of interest or a lack of capacity.
The grant of aid for an ICL to peruse the court file is IC1.
ICLs seeking an extension of aid for a dispute resolution conference must complete and submit a family dispute resolution information request via grants on-line.
Where trial directions have not been made, an extension of aid is available for preparation and attendance up until trial directions are made:
If trial directions are not issued after three court attendances, an extension of aid for additional standard hours is available when additional court attendances are required.
For the purposes of this grant court attendances include appearances at court for a mention, hearing, or attendances to inspect subpoena material.
If the funding guidelines are met extensions of aid are available for:
Once trial directions are issued, an extension of aid is available to prepare for trial:
If the trial does not commence after two court appearances, an extension of aid for additional standard hours is available when an additional court appearance is required.
Additional funding to prepare for trial is only available if the additional preparation criteria are met.
If the matter proceeds to trial, the following grants of aid are available:
Day one of trial
Additional days of trial
If the trial is adjourned, additional funding to prepare for an adjourned trial may be available if the additional preparation criteria are met.
If a solicitor is required to attend court after trial attendance is granted and for specific events that are not included within the days of trial grants then the IC4C grant of aid is available for each appearance
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).