For legal aid to be granted for additional preparation in a Domestic Violence matter before the Magistrates Court, the following tests must be satisfied:
- The applicant has been provided aid for the substantive matter,
- the applicant meets the merits test
- the practitioner has exhausted the substantive grant of aid provided,
- Legal Aid Queensland considers that one or more of the following factors are present:
- it is a long defended matter
- the case involves complex or novel legal issues eg test cases,
- the case involves voluminous material,
- one or more of the following factors are present:
- the matter has been ongoing for a lengthy period of time
- an accredited interpreter has been engaged
- the final hearing is listed for 2 or more days
- the domestic violence application involves more than 3 parties (not including associates or child/ren of the aggrieved) and multiple cross applications
- substantial amendment of the initial application for domestic violence order is required
- the protection order was appealed and the matter is a re-hearing of the application for a protection order.
Request for additional preparation in a Domestic Violence matter before the Magistrates Court will be referred to a senior grants officer for consideration.
When seeking a grant of aid for additional preparation in a domestic violence matter, the practitioner must lodge an extension of aid request through the Grants Online system along with:
- a breakdown of the work completed to date including hours spent on file, and
- details of the work still requiring completion and the hours required, and
- details as to how the matter meets the assessment criteria as outlined above.
Legal Aid Queensland considers a domestic violence matter includes voluminous material due to:
- Multiple breaches of the order
- Multiple amendments/variation of the order
- The amount of evidence provided to the court by the applicant or respondent (statements, audio material, photographs etc.)
Grant(s) of aid
The grant of aid for additional preparation for solicitor in a domestic violence matter is DVC
The grant of aid for additional preparation for counsel in a domestic violence matter is DVBC
Review of decisions
Requests to review a decision not to provide additional preparation will be determined by a Grants manager. A request for a reconsideration must be made within 28 days of the date of receipt of the refusal. The decision by the Grants manager is final and conclusive. There is no appeal to the external review officer on these matters.