New family law grant of aid for protected confidences directions

In response to the Family Law Act (FLA) amendments commencing 10 June 2025, Legal Aid Queensland (LAQ) has created an additional grant of aid for applications in a proceeding for protected confidences directions.

Due to the limited funding LAQ has for Commonwealth family law matters, applications for funding for a protected confidences direction are limited to 1 before trial directions are issued and 1 after trial directions have been issued, with a maximum of 2 per file.

In exceptional circumstances, LAQ will consider funding requests for funding outside of this where it could not have been foreseen at the time the previous application for a protected confidences direction was made. These requests will be considered by a higher delegate.

To ensure funding is provided in a cost-effective manner, practitioners are encouraged to:

  • carefully consider section 102BA FLA as it relates to your client and importance of the evidence to the issues which are to be determined in the substantive proceedings;
  • attempt to resolve the matter through negotiation, prior to any application; and
  • consider potential protected confidence direction applications and include these when filing their initiating application or response to an initiating application; or
  • consider making an application that identifies all relevant documents and/or multiple organisations to which the protected confidence direction will apply; or
  • consider including any application for a protected confidences direction when an application in a proceeding is required for substantive issues.

For further information, please refer to the following grants handbook pages for applications for protected confidences directions for Independent Children’s Lawyers (ICLs) or all other parties. New checklists will also be available in Grants Online shortly.

LAQ acknowledges that the changes to legislation also allow for property disputes relating to companion animals. A grant of legal assistance is not available where the only property in dispute is a companion animal/s as funding for legal aid is limited and priority is given to:

  • children, including the appointment of a court appointed ICL;
  • people who have experienced, are experiencing or are at risk of experiencing, family violence; and
  • family members resolving complex issues relating to the living arrangements, relationships and financial support of their children.

The Grants Handbook page with the interpretation to Guideline 12 – Property has been amended accordingly.

If you require further information about the new grants of aid or grants handbook pages, please contact your dedicated grants team.