Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
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4 – Commonwealth family law and child support guidelines
- Guideline 1 – priority for urgent matters
- Guideline 2 – family dispute resolution services
- Guideline 3 – independent representation of children
- Guideline 4 – parenting orders
- Guideline 5 – child maintenance and child support
- Guideline 6 – spousal maintenance
- Guideline 7 – arrears of spousal or child maintenance or child support
- Guideline 8 – parentage
- Guideline 9 – special medical procedures involving children
- Guideline 10 – recovery, location and information orders
- Guideline 11 – divorce and nullity of marriage
- Guideline 12 – property
- Guideline 13 – assistance after final court orders
- Guideline 14 – appeals
- Guideline 15 – enforcement of court orders
- Guideline 16 – contempt of court and breach of court orders
- Guideline 17 – international child abduction matters
- Guideline 18 – 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 3 – independent representation of children
3.1 – assistance for independent representation of a child
VLA may make a grant of legal assistance for the representation of a child by an independent children’s lawyer in family law court proceedings if:
- a court orders separate representation and asks VLA to arrange an independent children’s lawyer to provide this representation
- VLA decides it is reasonable in the circumstances to make a grant of legal assistance for separate representation.
If the court requests that an independent children’s lawyer be appointed to represent a child or children, the child or children do not have to apply for a grant of legal assistance. VLA will appoint the lawyer once a request is received from the court.
A court order that an independent children's lawyer be appointed in a matter does not impose an obligation on VLA to make a grant of legal assistance for the independent representation.
Special medical procedures involving children
VLA must make a grant of legal assistance for the separate representation of a child by an independent children’s lawyer in any court proceedings relating to special medical procedures, including sterilisation.
See Commonwealth family law guideline 9 for information about assistance for parents of a child involved in court proceedings relating to special medical procedures.
No means test for children seeking separate representation
VLA does not apply the means test to any child seeking separate representation under this guideline.
This also means that children are not required to make any financial contribution to the legal costs of their matter, except to the extent that the independent children’s lawyer can recover any costs in the proceedings.
3.2 – payment for the costs of independent representation by a party not receiving legal assistance
When making a grant of legal assistance for an independent children’s lawyer VLA must consider the ability of the parties to contribute to the associated costs. This includes costs associated with preparation of a family report and the costs and disbursements associated with the grant of legal assistance for the independent children’s lawyer.
VLA may determine an amount to be paid by each party, taking into account:
- the party’s capacity to pay
- the party’s legally aided status
- contributions assessed on existing files.
The requirement for parties to contribute to the costs of an independent children’s lawyer does not apply to proceedings relating to special medical procedures involving a child, regardless of whether any of the parties to the proceedings are receiving assistance under a grant of legal assistance.
If a party does not pay their share
If a party refuses or fails to pay the amount determined, then VLA must continue to provide a grant of legal assistance for the independent children’s lawyer. However, VLA will do so only on condition that the independent children’s lawyer seeks an order for costs against that party at an appropriate time in the court proceedings.
If at least one of the parties to the court proceedings is not receiving a grant of legal assistance
If VLA makes a grant of legal assistance for the separate representation of a child in court proceedings and at least one of the parties to the proceedings has not been provided with a grant of legal assistance, then, usually, VLA must:
- tell each party not receiving a grant of legal assistance that each may have to pay an equal portion of the total costs and disbursements of the independent children’s lawyer
- take into account the capacity to pay of each party not receiving a grant of legal assistance, and determine whether to waive or to reduce the amount that party must pay
- tell each party not receiving a grant of legal assistance of the amount which VLA requires them to pay
- require each party not receiving a grant of legal assistance to pay the necessary amount in the way VLA has determined.
Documentary requirements
Applications under this guideline are only within the simplified grants assessment process.
Where the court makes an order for separate representation of a child and VLA decides to make a grant of legal assistance for an independent children’s lawyer, VLA will select and notify a lawyer on the Independent Children’s Lawyer Panel. A VLA application form is not required.
If an independent children’s lawyer requests a further grant of legal assistance they should forward all of the following documents to VLA for assessment:
- a statement of the issues that are in dispute
- an indication of whether they support the position of either party and the orders that they are seeking
- copies of any court documents or reports relevant to the request.