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
Applicants for an appeal
For legal aid to be granted to appeal an order made by the Federal Circuit Court of Australia or Family Court the following tests must be satisfied:
Respondents for an appeal
Applications for aid to appeal a family law decision, where the grants officer has been unable to obtain a merit opinion from the in-house practice, will be considered by the assistant director grants.
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid through Grants Online and attach:
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
For applicant appeals, where no conflict of interest exists within Family Law Services, an applicant's prospects of success will be assessed by a senior officer in Family Law Services. If a conflict of interest exists a grants manager determines whether an independent opinion is required.
A grant of aid will be issued to solicitor/counsel to assess the applicant's prospects of success.
The grant of aid for an opinion in relation to an applicant's prospects of success at appeal is:
FM5A – provide an opinion in relation to client’s prospects of success at appeal (in-house lawyer), or
FM5B – provide an opinion in relation to client’s prospects of success at appeal (preferred supplier and counsel).
The GSI or GSA clause code must not be included.
The grant of aid for representation at appeal is:
If the hearing of the appeal proceeds beyond one day, the FM5E grant of aid will be issued for each additional day.
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 an appeal relates to property settlement, funding will be 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 (review of decisions).
Last updated 3 November 2021