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 2 – family dispute resolution services
2.1 – consideration of resolution processes other than litigation
The Commonwealth requires VLA to consider using family dispute resolution (FDR) services before making a grant of legal assistance for litigation at any stage of a family law dispute.
2.2 – appropriateness of participation in FDR services
VLA will only require an applicant to participate in FDR services if it is considered appropriate in the particular case. Participation in FDR services is usually inappropriate where:
- the matter is considered to be an urgent matter under Commonwealth family law guideline 1.1
- for family law matters relating to a child of the parties, there are any current reported allegations of child abuse, or if there are current investigations or court proceedings relating to child abuse
- a party’s safety or ability to negotiate effectively is jeopardised by behaviour of the other party, such as violence, intimidation, control or coercion, or a history of such behaviour
- one or more of the parties is unable to participate effectively in FDR because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason.
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 mediator or of a counsellor is made, then, unless there are compelling reasons, RDM should provide those services. The use of other service providers will be rare.
Grants of assistance for litigation
In family law and child support matters processed via the simplified grants assessment process, a lawyer may recommend that VLA makes a grant of legal assistance for court proceedings if the lawyer considers that:
- the matters in dispute meet the Commonwealth family law guidelines
- the person seeking assistance meets the Commonwealth merits test
- the issues in dispute are substantial
and - the issues in dispute are among those matters which are seen as being inappropriate for RDM 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.
Deference 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 assistance for litigation until the outcome of the RDM process is known.
If the applicant is opposed to participating in dispute resolution
If the person applying for a grant of legal assistance is strongly opposed to participating in RDM or other FDR services, then VLA must:
- give them the opportunity to give VLA reasons
- take account of these reasons when considering whether it is appropriate to require the person to participate If participation in dispute resolution is inappropriate
If VLA decides it is inappropriate for an applicant to participate in RDM or other FDR services in a particular matter, then, if the person and the matter qualify under another Commonwealth family law guideline, VLA may make a grant of legal assistance for litigation services.
Documentary requirements
Applications under this guideline are within the simplified grants assessment process or the standard grants assessment process.
Standard grants assessment process
Lawyers or other applicants seeking a grant of legal assistance via the standard grants assessment process should forward all of the following documents to VLA for assessment:
- a completed VLA application form
- the client’s instructions (if the application is made via a lawyer)
- a statement of the issues that are in dispute
- copies of any relevant court documents and reports if the matter has previously been the subject of court proceedings
- relevant proof of means.
Simplified grants assessment process
Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit a completed simplified VLA application form and a family law checklist only after ensuring that the following documents are retained on file unless they are requested by VLA for assessment:
- their client’s instructions
- a brief statement of the lawyer’s opinion about how the matter meets the Commonwealth’s merits test
- a statement of the issues that are in dispute
- relevant proof of means.
The lawyer’s file should also contain copies of any relevant court documents and reports if the matter has previously been the subject of court proceedings.
Lawyers are also encouraged to complete a family law merits worksheet and a proof of means worksheet for their file.
If a lawyer chooses to recommend, or seek, that VLA makes a grant of legal assistance or a further grant of legal assistance contrary to a third-party opinion (whether of an independent children’s lawyer or of a family report), then the compelling reasons for doing so must be clearly documented and identified on their file.