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Guideline 18 – Family law trials and final hearings

VLA may provide assistance for representation at trial (by counsel or lawyer) where:

    1. the matter is listed in the Magellan Program; or
    2. the applicant is a person with an intellectual disability or an acquired brain injury who is an eligible person receiving services from the Department of Human Services or a registered disability service provider under the Disability Act 2006; or
    3. the applicant is a person with a diagnosed mental illness who is receiving services from an approved mental health service under the Mental Health Act 1986; or
    4. the other party is represented either privately, through pro bono assistance, or pursuant to (ii) or (iii) above.

This does not apply to Independent Children’s Lawyers for whom Family Law Guideline 5 will continue to apply.

Part heard matters

This rule applies to all applications for assistance received on or after 1 November 2013 for trials listed on or after 1 November 2013. Where a trial is scheduled partly before 1 November and recommences on or after 1 November 2013 assistance may be available for that portion of the trial conducted on or after 1 November 2013.

More information

For more information and guidance on interpreting and applying this guideline see these resources:

Notes to family law trials and final hearings guideline
Costs payable in Commonwealth family law matters
Commonwealth merits test 
Cost ceilings