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.

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.

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.