Main Content Anchor

Stage 2.2 - Representation until trial directions

Assessment criteria

Existing clients proceeding from stage 2.1

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:

New applications for aid for representation in court after substantive interim orders have been made

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:

Decision makers of a higher delegation

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.

Documentary requirements

Applications/extension of aid requests received from clients

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

  • A completed and signed Legal Aid Queensland application form
  • Proof of your income and assets
  • Details of your dispute with the other party
  • Details of the final order you are seeking
  • A copy of the initiating application and affidavit
  • A copy of the response to the initiating application and affidavit
  • A copy of the interim order and any direction orders
  • A copy of any dispute resolution certificates
  • A copy of any family reports obtained

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.

Applications / extension of aid requests from preferred suppliers or in-house practitioners

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:

  • Details of your clients dispute with the other party
  • Details of the final order your client is seeking
  • A copy of the initiating application and affidavit
  • A copy of the response to the initiating application and affidavit
  • A copy of the interim order and any direction orders
  • A copy of any family reports obtained

The following documents are to be retained on file but may be requested by Legal Aid Queensland:

Interpretation

Guideline 4.1 - assistance for parenting orders

See interpretation for guideline 4.1 - assistance for parenting orders

Guideline 4.2 - assistance for applications to discharge or vary parenting arrangements

See interpretation for guideline 4.2 - assistance for applications to discharge or vary parenting arrangements

Guideline 4.3 - assistance to parties who are not parents

See interpretation for guideline 4.3 - assistance to parties who are not parents

Guideline 12 - property

See interpretation for guideline 12 - property

Substantive interim orders about parenting

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.

Grant(s) of aid

The grant of aid for representation after the interim hearing up until trial directions is FM2C.

Extension(s) of aid

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.

Retrospective contributions

If the dispute includes property settlement, funding will be provided subject to the right to recover a retrospective contribution.

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).

Last updated 28 September 2020

Back to top