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 the preservation of property, the following tests must be satisfied:
Where the total equity of the home to be preserved exceeds $400,000.00, the request will be referred to a grants manager for determination.
Applicants seeking a grant of legal assistance should forward the following documents for assessment:
Practitioners seeking a grant of legal assistance must electronically submit an application for aid via the Grants Online system with the relevant information request.
The practitioner must also ensure that the following documents are retained on file:
Legal Aid Queensland will only fund an applicant to preserve their rights to property if the applicant can demonstrate that they have an equitable interest in the property and there is a risk that the property will be disposed of.
Examples of when Legal Aid Queensland may determine that an applicant has an equitable interest in the property are:
Examples of where there is risk that the property will be disposed of are:
Injunctive relief is only approved for preservation of property matters.
Injunctive relief provides solicitors funding up to the lodgement of a caveat, an application to the court for final orders, and the first court appearance. No further funding is available for applicants under this guideline. Applicants seeking further assistance may seek funding for:
The grant of aid for the preservation of property is FM2A.
Funding for property settlement disputes 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).