Guideline 1 – early intervention and dispute resolution

Victoria Legal Aid (VLA) may provide a grant of assistance for early intervention and dispute resolution in the circumstances set out in this section.

It should be noted that VLA only provides assistance for litigation in family law matters in limited circumstances and so every effort should be made to resolve the matter at the early intervention and dispute resolution stage.

Applicants for legal assistance who are found by a court within the last 12 months to have contravened one of the following:

• a Federal Circuit Court or Family Court of Australia order without reasonable excuse
• a Family Violence Safety Notice or Conditions of Bail relating to family violence offences
• an intervention order made either under the Family Violence Protection Act 2008 or Personal Safety Intervention Orders Act 2010

will not be eligible for a grant of legal assistance under this guideline or will have their grant of legal assistance removed.

1.1 – parenting orders

VLA may provide a grant of assistance for early intervention and dispute resolution in relation to parenting orders where there is:

• a dispute about a substantial issue; and
• the person is a priority client.

'Substantial issue'

A substantial issue is one that is likely to have a significant impact on the child’s safety or welfare or where the dispute is about with whom a child is to live, or about the child’s right to spend time with their parents or significant others.

Examples of disputes about a substantial issue are:

• where and with whom the child is to live
• whether 'time spent' should not be allowed
• whether 'time spent' should be supervised
• whether 'time spent' should be allowed overnight rather than only during daytime
• whether a parent should be allowed to relocate to another state or country or a significant distance within the same state
• whether a parent who spends time with the child should allow another person to be present during that time, where there are current allegations of violence or child abuse against that other person

Examples of disputes that are not considered substantial are:

• who should pay for travel costs associated with 'time spent'
• which school the child should attend
• 'time spent' for birthdays, Christmas or other significant celebrations
• proportionately small changes to the number of hours of time spent unless the child is of pre-school age, for example:
  • where the child is under the age of two years, a change of a number of hours in time spent may be considered substantial
  • where the child is aged two-six years, a half-day change in time spent may be considered substantial.
• where there is no issue in dispute and the parties are seeking to formalise existing parenting arrangements
• the only issue between the parties is that they have difficulty communicating
• the only issue between the parties is the place where changeover occurs

'Priority client'

A priority client is a person:

• with an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation; and/or
• who experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation; and/or
• who is experiencing homelessness; and/or
• who identifies as an Indigenous Australian; and/or
• who has experienced or is at risk of experiencing family violence; and/or
• whose child has experienced or is at risk of experiencing child abuse or family violence; and/or
• who is illiterate; and/or
• who has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents.

1.2 – property

VLA may provide a grant of assistance for early intervention and dispute resolution in relation to property matters where assistance is granted for parenting orders under paragraph 1.1 above and either of the following applies:

• the only property in dispute relates to a superannuation entitlement from which the applicant for assistance may receive a superannuation splitting order
• the main property in dispute is the family home in which the applicant’s equity is $300,000 or less.

Roundtable Dispute Management

Roundtable Dispute Management (RDM) is VLA’s in-house family dispute resolution service. If a grant of legal assistance requiring the services of a family dispute resolution practitioner is made, then RDM must provide those services.

RDM services during litigation

VLA may make a grant of legal assistance for RDM services while litigation is ongoing if, as a result of litigation, the issues in dispute have narrowed to such an extent that it is possible a non-litigation approach will bring about a final settlement. VLA expects practitioners to consider whether a matter is suitable for RDM litigation intervention once a matter has been set down for trial and before a request is made for an extension of assistance for preparation for trial.

Deferral of a grant of legal assistance for litigation

If VLA has decided to make a grant of legal assistance for litigation but the lawyer for one of the parties then recommends RDM services, VLA will defer providing a grant of assistance for litigation until the outcome of the RDM process is known.