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Transfer of property (where a final order exists)

Assessment criteria

For legal aid to be granted for the transfer of property the following tests must be met:

  • the means test
  • an order has been made by the Federal Circuit Court of Australia or the Family Court of Australia for the former matrimonial home to be transferred into the name of the applicant
  • the applicant is unable to borrow funds to enable payment of the costs of transfer on a private basis
  • the applicant will suffer substantial financial hardship if aid is not granted.
  • the merits test

Decision makers of a higher delegation

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.

Documentary requirements

Application received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

  • A completed and signed Legal Aid Queensland application form
  • Proof of income and assets (refer to the means test)
  • A copy of the court orders made by the Federal Circuit Court of Australia or the Family Court of Australia
  • Details as to why you are unable to pay for the transfer of property.

Application received from preferred supplier or in-house practitioner

Practitioners seeking a grant of legal assistance must electronically submit an application for aid via the Grants Online system attaching:

  • A copy of the court orders made by the Federal Circuit Court of Australia or the Family Court of Australia
  • Details as to why your client is unable to pay for the transfer of property.

The following documents must be retained on the practitioner's file but may be requested by Legal Aid Queensland:

  • A completed and signed Legal Aid Queensland application form.
  • Proof of the applicants income and assets (refer to the means test)

Interpretation

Substantial financial hardship

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.

Grant(s) of aid

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.

Retrospective contributions

Funding for property settlement disputes will be provided subject to the right to recover a retrospective contribution.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).

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