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 representation at court for a property dispute, the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
If aid has already been granted and the applicant is seeking an extension of aid, the applicant should contact their solicitor to lodge the request for further funding.
Practitioners seeking a grant of legal assistance must electronically submit an extension of aid request or application for aid via the Grants Online system with the relevant information request.
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
Refer to the interpretation of guideline 12 - property.
FM2A - initiate or respond to court proceedings.
The grant of aid to initiate or respond to court proceedings provides for up to three court attendances (which includes conciliation conferences). As an application for property settlement should not involve an application for interim orders, the FM2B and FM2C grants of aid are not available.
The following extensions may be available:
If the solicitor represents the client at three court attendances and trial directions are not issued by the third court attendance, the FM2D grant is available for each appearance until trial directions are issued.
FM3A – prepare for trial (full merits assessment made). The grant of aid for trial preparation provides for up to two court attendances prior to trial commencement.
If the solicitor represents the client at two court attendances after trial directions are made and the trial does not commence by the third court attendance, the FM3C grant of aid is available for each appearance until the trial starts.
Solicitors may also request additional funding outside the stage model; the criteria applied to these requests are contained within nature and extent of funding.
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).