Table of contents
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Table of contents
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1 – Introduction
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Victoria Legal Aid services
- Roundtable Dispute Management
- Handbook overview
- National Commonwealth legal aid guidelines
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Victoria Legal Aid services
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
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1 – Introduction
- Topic index
- Invoice, worksheets and forms
- Contact us
Roundtable Dispute Management
Roundtable Dispute Management (RDM) is Victoria Legal Aid's (VLA’s) in-house family dispute resolution service. If a grant of legal assistance requiring the services of a mediator is made, then, unless there are compelling reasons, RDM should provide those services.
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.
VLA is committed to early intervention and dispute resolution services for appropriate matters by:
- providing an RDM grant only when there is a substantial issue in dispute
- encouraging practitioners to engage in advice and negotiations.
RDM and the simplified grants assessment process
In an application processed via the simplified grants assessment process, the lawyer should consider recommending that VLA make a grant of legal assistance for RDM services if either:
- there are cost/benefit issues
- limited funds remain under the cost ceiling.
If the lawyer recommends a grant of assistance for RDM, clear file notes outlining the suitability of RDM services must be kept.
RDM services before litigation
If a matter is suitable for family dispute resolution (FDR) services, then VLA expects the lawyer to seek a grant of legal assistance for RDM before seeking a grant of legal assistance for litigation.
The lawyer should recommend that VLA makes a grant of legal assistance for RDM services before seeking a grant of legal assistance for litigation if the issues in dispute:
- meet the Commonwealth family law guidelines
- are substantial
and - are not among the matters which are seen as unsuitable for RDM services.
See Guideline 1 – early intervention and dispute resolution for discussion of when RDM services may be inappropriate.
Example
A father instructs his lawyer that he and his wife separated two months ago. The father now accepts that they will not reconcile. He seeks to have his children spend some time with him. The separation was acrimonious and the mother will allow the children to spend time with the father only if the children’s maternal grandmother supervises them. The father does not believe that there is a need for supervision. At this point, it is clear that there is a substantive issue in dispute between the parties and the lawyer should proceed to RDM services.
Geographical distance
In most cases, RDM’s regional and telephone conferencing facilities can help parties access FDR services which formerly would have been considered inappropriate because of geographical difficulties. These parties include those:
- based in rural and remote locations
- interstate
- in prison.
Safety concerns
RDM is often suitable for matters involving substantial issues of family violence. RDM employs professional case managers who can conduct a comprehensive risk assessment with each party to a dispute.
RDM also has detailed policies and procedures to manage cases involving allegations of family violence. For example, parties to a dispute may completely avoid each other in a ‘shuttle’ or an ‘assisted negotiations’ conference.
If VLA decides that participation in FDR services is appropriate, then VLA must do everything possible to ensure that:
- a person’s safety or ability to negotiate effectively is not at risk
- it is reasonable to go ahead with participation.
Contact RDM if unsure about its appropriateness
If a lawyer is unsure whether to seek, or recommend that VLA make a grant of legal assistance for RDM services, then the lawyer must contact RDM to discuss the suitability of a grant of legal assistance for RDM. A file note should be kept of the conversation in the event the lawyer is within the simplified grants assessment process.
To contact RDM:
- telephone: (03) 9269 0500 or toll free 1800 136 832
- fax: (03) 9269 0530
- email: rdm@vla.vic.gov.au.
Report by RDM chairperson
After an RDM conference, the chairperson will give VLA and the lawyer a written report. In the report the chairperson will recommend whether VLA should make a grant of legal assistance for litigation about any outstanding issues.
The chairperson’s recommendation will be based on:
- the parties’ genuine attempts to resolve the matter
- whether the issues which are still in dispute have enough merit to justify further assistance by VLA.
The chairperson’s report forms only part of the information the lawyer must consider in recommending whether the matter may meet the Commonwealth family law guidelines and the Commonwealth merits test.
However, if a lawyer recommends that VLA makes a further grant of legal assistance contrary to the chairperson’s recommendation, then the lawyer must:
- seriously consider the issues in dispute
- give VLA compelling reasons for making a recommendation contrary to the that of the chairperson.
The lawyer must keep a copy of the chairperson’s report on their case file.
More information about RDM
See Roundtable Dispute Management on VLA's website for more information about the service.