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
For legal aid to be granted for counsel at an interim hearing, the following tests must be satisfied:
All requests for counsel at an interim hearing will be referred to a senior grants officer for consideration.
If the matter has exceed 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.
When seeking a grant of aid for counsel at an interim hearing, the practitioner must lodge an extension of aid request through the Grants Online system with the relevant information request.
Legal Aid Queensland may consider a matter is complex and warrants counsel at interim hearing. Some examples include:
As interim hearings are usually heard based on the application and affidavit material alone, witnesses are not normally cross examined. As such, Legal Aid Queensland will not normally provide funding for counsel.
Legal Aid Queensland may only consider funding counsel where consent has been given for cross examination and the person being cross examined is an expert whose evidence is highly contested.
The grant of aid for counsel to an interim hearing is FMC1.
If the dispute includes property settlement, funding 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).