In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Nature and extent of funding
END OF Nature and extent of funding
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
Additional standard preparation for parties is available in the following stages:
If the trial is listed for 7 or more days the additional standard preparation request will be determined by a grants manager.
Requests for additional standard preparation for appeals will be considered by a grants manager.
If a matter meets the criteria for additional standard preparation and the matter has or will exceed the cap as outlined in guideline 18.2 - limit costs, the matter will be referred to a grants manager for consideration.
When seeking a grant of aid for additional standard preparation in a family law matter the practitioner must lodge an extension of aid request through the Grants Online system along with the relevant additional standard preparation information request.
Legal Aid Queensland does not consider Independent Children’s Lawyers to be a third party to proceedings. Interveners to proceedings such as the Department of Child Safety will be deemed as a party to proceedings.
Practitioners are only eligible for one additional standard preparation grant in stage 3.
If a practitioner was given an additional standard preparation grant in stage 3 for a 3 or 4 day trial and the matter is part heard which means that the trial has been extended to 5 days or more, the additional standard preparation grant for 5 days or more is not issued retrospectively. The practitioner is only eligible for additional standard preparation for an adjourned trial in stage 4.
If a practitioner was not given an additional standard preparation grant in this stage as the matter was only listed for 1 or 2 days and the matter is part heard which means that the trial has been extended to 3 or more days, the additional standard preparation grants for trials listed for 3 or more days is not issued retrospectively. The practitioner is only eligible for additional standard preparation for an adjourned trial in stage 4.
Legal Aid Queensland will provide a standard grant for trial preparation. The standard grant of aid for trial preparation takes into account all work required for a 1 or 2 day trial. Where a trial is listed for 3 or more days, Legal Aid Queensland will provide funding for additional standard preparation required based on the following formula:
Solicitor instructing counsel
3 or 4 days
5 or 6 days
Where the trial is listed for 7 or more days, the solicitor will be required to provide the trial case plan and the preparation hours provided will be negotiated through a grants manager.
The grants of aid for additional standard preparation are as follows:
Where the trial is listed for seven or more days, the following clause codes will be issued FMP5 (solicitor) and FMP6 (counsel).The grant of aid provided for trials listed for seven or more days will be determined in line with the additional standard preparation formula or as negotiated following receipt of a detailed case plan.
If the dispute includes property settlement, funding will be provided subject to the right to recover a retrospective contribution.
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.
Last updated 12 February 2020