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 a family dispute resolution conference, the following tests must be satisfied:
If the matter has or will exceed the cap as outlined in guideline 18.2 – limit on costs, the matter will be referred to a Grants Manager for consideration.
Applicants seeking a grant of legal assistance should forward the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid or an extension of aid request through Grants Online with the relevant information request and attach:
The practitioner must also ensure that the following documents are retained on file:
See interpretation of guideline 2 - family dispute resolution.
See interpretation of guideline 12 - property
It is a legislative requirement that before a certificate can be issued Legal Aid Queensland has to issue two invitations to the other party to mediate, one of which must be in writing. If the applicant is not able to provide the address for the other party, a family dispute resolution conference cannot be approved.
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:
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:
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 chair the legal aid conference, the FDR4 grant will also be issued.
If the dispute includes property settlement, funding will be provided subject to the right to recover a retrospective contribution.
A decision to refuse legal aid for this type of matter may be appealed to the External Review Officer (refer to review of decisions).
Last updated 26 August 2021