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 extended for representation after a substantive interim parenting order is made up until trial directions, the applicant must continue to meet the following:
In accordance with the Commonwealth family law guidelines, Legal Aid Queensland must consider whether it is appropriate to make a grant of legal assistance for an applicant to participate in family dispute resolution services before it considers making a grant of legal assistance for court proceedings. Legal Aid Queensland will only consider funding an applicant straight to court where the matter is urgent and therefore inappropriate for dispute resolution services.
For legal aid to be granted to initiate or respond to court proceedings and for representation after a substantive interim parenting order is made up to trial directions the applicant must meet the following tests:
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 all of the following documents for assessment:
If aid has already been granted and you are seeking an extension of aid, you should contact your solicitor to lodge the request for further funding.
Practitioners seeking a grant of legal assistance should electronically submit an application for aid or extension of aid request with the relevant checklist through Grants Online and attach:
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
See interpretation for guideline 4.1 - assistance for parenting orders
See interpretation for guideline 4.2 - assistance for applications to discharge or vary parenting arrangements
See interpretation for guideline 4.3 - assistance to parties who are not parents
See interpretation for guideline 12 - property
An interim order about parenting is when a decision has been made by the court or by consent about where the children live or how much time they spend with each party until further order.
An interim order about parenting is not an order where the only decision made is that an ICL be appointed, an adjournment for directions, a party undertakes drug testing, the parties undergo counselling, the parties attend a family consultant, the parties obtain a family report.
The grant of aid for representation after the interim hearing up until trial directions is FM2C.
The grant of aid for representation after an interim order about parenting is made up until trial directions provides for up to three court appearances. For the purposes of this grant court attendances include appearances at court for mention, hearing or attendances to inspect subpoena material.
If the solicitor represents the client for more than three court appearances and trial directions are not made at the third court appearance, the FM2D grant of aid is available for each appearance until trial directions are made.
If trial directions are made and the matter is proceeding beyond stage 2.2 solicitors can apply for an extension of aid to continue onto the following stages:
At any stage of proceedings the solicitor can also request an extension of aid for:
Solicitors may also request additional funding outside the stage model; the criteria applied to these requests are contained within the nature and extent of funding section.
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 28 September 2020