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 transfer of property the following tests must be met:
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.
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance must electronically submit an application for aid via the Grants Online system attaching:
The following documents must be retained on the practitioner's file but may be requested by Legal Aid Queensland:
Legal Aid Queensland may consider an applicant will suffer substantial financial hardship where the applicant's only source of income is centrelink benefits and the applicant can demonstrate that would be unable to meet necessary expenses of self support (i.e. food, mortgage repayments and medication) if they had to pay for the transfer on a private basis.
The grant of aid for a solicitor to finalise the transfer of property as outlined in the order made by the Family Law Courts is PTR. An extension of aid must be sought for any outlays required to transfer the property such as title searches and conveyancing fees.
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).
Last updated 11 December 2015