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 at a final hearing the applicant must continue to meet the following tests:
For legal aid to be extended for representation at a final hearing 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.
If a full merits assessment was made at Stage 3 or where aid has been granted for trial attendance and there is a change in circumstances such that an assessing officer determines that aid should be terminated within two weeks of the trial (i.e. financial eligibility), the matter will be referred to a Senior Grants Officer.
Practitioners seeking a grant of legal assistance should electronically submit an extension of aid request via the Grants Online system.
If a partial merits assessment was made at Stage 3, practitioners should also attach the following when requesting an extension of aid:
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.
In determining whether an applicant has prospects of success at a family law trial, the assessing officer will take the following into consideration:
The grant of aid for day one of trial is:
The grant of aid for additional days of trial is:
Where counsel is replaced at trial and the grant of aid for trial attendance cannot be reused by new counsel the FMC3 grant will be issued.
If a solicitor is required to attend court after trial attendance is granted and for specific events that are not included within the days of trial grants then the FM4C grant of aid is available for each appearance.
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.
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 30 November 2020