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Additional preparation in Child Protection matters

Assessment criteria

Parties, non-parties and children (direct representation)

Additional preparation is available in the following stages:

  • Stage 1 – Additional preparation (available to solicitor only)
    • Where an accredited interpreter has been engaged, or
    • Where three or more parties (excluding the Separate Representative and the Director of Child Protection Litigation) are involved, or
    • Where three or more children are involved in the proceedings, or
    • Where the practitioner is required to prepare for a contested Court Assessment Order hearing, or
    • Where the solicitor is representing a party with impaired capacity and the Office of the Public Guardian has been appointed
  • Stage 3 – Additional preparation (available to counsel  only)
    • Where three or more parties (excluding the Separate Representative and the Director of Child Protection Litigation) are involved, or
    • Where three or more children are involved in the proceedings
  • Stage 4 - Adjourned final hearing (available to solicitor and counsel)
    • Where the final hearing commenced and was adjourned or part heard, or
    • Where the final hearing did not commence and new trial dates have been allocated, and
    • Since the initial final hearing was prepared:
      • Further subpoenas have been or will be issued, or
      • An updated social assessment report has been or will be obtained, or
      • An updated expert report has been obtained, or
      • Affidavit material filed prior to final hearing needs to be updated, or
      • Written submissions are required to be filed, or
      • Hearing documents filed prior to the hearing need to be amended.
  • Stage 5 – Additional preparation (available to solicitor and counsel)
    • The appeal is being conducted by solicitor or counsel who were not involved in the substantive proceedings which gave rise to the appeal, and
    • It is considered that funding for additional preparation is an appropriate expenditure of limited public funds

Separate Representatives

Additional standard preparation is available in the following stages:

  • Stage 1 - Additional preparation (available to solicitor only)
    • Where an accredited interpreter has been engaged by any of the parties, or
    • Where three of more parties (excluding the Separate Representative and the Director of Child Protection Litigation) are involved, or
    • Where three or more children are involved in the proceedings.
  • Stage 3 – Additional preparation (available to counsel  only)
    • Where three or more parties (excluding the Separate Representative and the Director of Child Protection Litigation) are involved, or
    • Where three or more children are involved in the proceedings.
  •  Stage 4 – Adjourned final hearing (available to solicitor and counsel)
    • Where the final hearing commenced and was adjourned or part heard, or
    • Where the final hearing did not commence and new trial dates have been allocated, and
    • Since the initial final hearing was prepared:
      • Further subpoenas have been or will be issued, or
      • An updated social assessment report has been or will be obtained, or
      • An updated expert report has been obtained, or
      • Affidavit material filed prior to final hearing needs to be updated, or
      • Written submissions are required to be filed, or
      • Hearing documents filed prior to the hearing need to be amended.
  • Stage 5 – Additional preparation (available to solicitor and counsel)
    • The appeal is being conducted by solicitor or counsel who were not involved in the substantive proceedings which gave rise to the appeal, and
    • It is considered that funding for additional preparation is an appropriate expenditure of limited public funds.

Documentary requirements

Extension of aid requests received from preferred suppliers or in-house practitioners

When seeking a grant of aid for additional preparation in a family law matter the practitioner must lodge an extension of aid request through Grants Online along with the appropriate checklist.

Interpretation

Three or more parties involved

Legal Aid Queensland does not consider Separate Representatives or the Director of Child Protection Litigation to be a party to proceedings. Interveners to proceedings such as non-parties with a s113 order will be deemed as a party to proceedings.

Grant(s) of aid

The grants of aid available for additional standard preparation are as follows:

Stage 1

Parties, non-parties and children (direct representation)

  • CP4– additional standard preparation in Stage 1 (solicitor)

Separate representatives

  • SR4 – additional standard preparation in Stage 1 (solicitor)

Stage 3

Parties, non-parties and children (direct representation)

  • CP11– Additional standard preparation where three or more parties (excluding the Separate Representative) are involved or three or more children are involved in the proceedings (counsel)

Separate representatives

  • SR11– Additional standard preparation where three or more parties (excluding the Separate Representative) are involved or three or more children are involved in the proceedings (counsel)

Stage 4

Parties, non-parties and children (direct representation)

  • CP12– Additional standard preparation for adjourned final hearing (solicitor)
  • CP13– Additional standard preparation for adjourned final hearing (counsel)

Separate representatives

  • SR12– Additional standard preparation for adjourned final hearing (solicitor)
  • SR13 – Additional standard preparation for adjourned final hearing (counsel)

Stage 5

Parties, non-parties and children (direct representation)

  • CPAS – Additional standard preparation for an appeal (solicitor)
  • CPAC – Additional standard preparation for an appeal (counsel)

Separate representatives

  • SRAS – Additional standard preparation for an appeal (solicitor)
  • SRAC – Additional standard preparation for an appeal (counsel)

Decision makers of a higher delegation

Requests for additional preparation for appeals will be considered by a grants manager.

Review of decisions

Requests to review a decision in relation to the extent of the additional standard preparation grants will be referred to the officer with the next level of delegation to the initial decision maker unless the initial decision maker is the Chief Executive Officer.

A request for reconsideration must be made within 28 days of the date of receipt of the decision. The decision by the senior officer is final and conclusive. There is no appeal to the external review officer on these matters.

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