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 contravention of an order or contempt of court the following tests must be satisfied:
For legal aid to be granted to respond to an application for contravention of an order or contempt of court the following tests must be satisfied:
Applicants funded under guideline 16 – contempt of court and breach of orders are subject to a $2,000 cap. If an extension of aid is requested and the total file commitment will exceed the cap, the matter will be referred to a grants manager for consideration. Legal Aid Queensland treats contempt of court and breach of orders as a new matter for the purposes of the Family Law Costs Management Methodology.
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance must electronically submit an application for aid via the Grants Online system attaching a contempt of court / breach of orders information request as well as:
The following documents are retained on file but may be requested by Legal Aid Queensland:
Legal aid is only available to make an application for contravention or contempt if there is evidence of a pattern of substantial breaches of the orders without a valid reason.
Legal Aid Queensland considers the following examples as a substantial breach of a court order:
Legal aid is only available to make an application for contravention or contempt of court if the applicant can demonstrate that they have made a request to the other party to comply with the order and have been unsuccessful.
The applicant must provide copies of any correspondence sent to the other party or details of any phone calls made and any responses they have received in relation to their request for compliance.
Legal aid is not available to an applicant who has not followed a court order unless the applicant has a valid reason for doing so.
For legal aid to be granted to respond to proceedings, independent evidence must be provided to support the non-compliance with orders.
Legal Aid Queensland may consider the following a valid reason for not returning a child and/or not allowing a party time and communication with a child where the dispute is about a substantial issue concerning the protection of the child from abuse, neglect or family violence.
Prior to funding an application for contravention or contempt of court on the basis that the existing orders no longer suit the circumstances of the child or parties, Legal Aid Queensland may determine that it is more appropriate to grant legal assistance for a family dispute resolution conference or initiate or respond to court proceedings.
Legal Aid Queensland may only fund an applicant to respond to contempt or contravention proceedings where the dispute is about a substantial issue concerning the protection of the child from abuse, neglect or family violence.
The grant of aid to apply/respond to an application for contravention of a court order or contempt of court is ENF1.
If the enforcement hearing proceeds to additional days, the ENF2 grant of aid is available.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).