For legal aid to be granted for a Legal Aid Queensland in-litigation family dispute resolution conference, the following tests must be satisfied:
Applicants for a Legal Aid Queensland Family Dispute Resolution Conference (in-litigation)
- The applicant meets the means test.
- The applicant meets guideline 2 – family dispute resolution.
- The applicant has a current grant of legal assistance for court proceedings (stage 2 or 3).
- No previous in-litigation family dispute resolution conference (Legal Aid Queensland or Court-Based) has been issued on this file.
- The applicant meets the merits test.
Respondents to an invitation to a Legal Aid Queensland Family Dispute Resolution Conference (in-litigation)
- The applicant meets the means test.
- No previous in-litigation family dispute resolution conference (Legal Aid Queensland or Court-Based) has been issued on this file.
Documentary requirements
Applications received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance must electronically submit an application for aid through Grants Online.
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
Grant(s) of aid
If it is determined that an applicant meets the assessment criteria for a family dispute resolution conference, the assessing officer will issue one of the following non-monetary grants of aid:
- FFF for in-house solicitors and preferred suppliers
- AFFF for ATSILS
- CFFF for CLC's
The assessing officer will then refer the file to the dispute resolution team to invite all parties to the conference.
If all parties agree that they will attend the conference and the matter does not fall within the exclusions listed under guideline 2.2.2 – appropriateness of participation in FDR services, the conference organiser will issue one of the following grants of aid:
- FDR2 for in-house solicitors and preferred suppliers
- AF1B for ATSILS
- CF1B for CLC's
The conference organiser will issue the FDR3 grant of aid on the applicant's file for the family dispute resolution practitioner. If a second family dispute resolution practitioner is appointed to co-chair the legal aid conference, the FDR4 grant will also be issued.
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).