Table of contents
-
Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
-
4 – Commonwealth family law and child support guidelines
- Guideline 1 – early intervention and dispute resolution
- Guideline 2 – litigation
- Guideline 3 – parties who are not parents
- Guideline 4 – assistance for applications to discharge or vary parenting arrangements
- Guideline 5 – independent representation of children
- Guideline 6 – child support and child maintenance
- Guideline 7 – spousal maintenance
- Guideline 8 – arrears of spousal or child maintenance or child support
- Guideline 9 – parentage
- Guideline 10 – special medical procedures involving children
- Guideline 11 – recovery, location and information orders
- Guideline 12 – nullity of marriage
- Guideline 13 – assistance after final court orders are made
- Guideline 14 – appeals
- Guideline 15 – contravention and enforcement of court orders and contempt of court
- Guideline 16 – international child abduction matters
- Guideline 17 – family law costs management
- Family law trials and final hearings
- Jurisdiction of family law proceedings
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Guideline 14 – appeals
Victoria Legal Aid (VLA) may make a grant of legal assistance for an appeal in relation to a family law order or a child support order, including, if appropriate, for an independent children’s lawyer to participate in an appeal, if the matter is one which VLA would grant assistance for under:
- Guideline 2 – litigation in relation to a family law order
- Guideline 6 – child support and child maintenance in relation to a child support order.
No means test for children requiring separate representation in court proceedings
VLA does not apply the means test to any child requiring separate representation by an independent children’s lawyer in family law court proceedings, including appeals.
Federal Proceedings (Costs) Act
Before VLA provides a grant of legal assistance for an appeal, the provisions of the Federal Proceedings (Costs) Act 1981 must be taken into account.
An appeal is a ‘new matter’
VLA will treat an appeal as a new matter for the purposes of the family law costs management methodology. See Guideline 17 – family law costs management.