Victoria Legal Aid Handbook for Lawyers

Commonwealth family law and child support matters

Victoria Legal Aid (VLA) may provide a grant of assistance to a person for a family law or child support matter under Commonwealth law if:

  • the matter is a Commonwealth family law matter or child support matter within the Commonwealth legal aid priorities set out in the Commonwealth Legal Aid Guidelines
  • the matter is not a type for which the Board of VLA has determined that funding is no longer available
  • the matter meets one of VLA's Commonwealth family law and child support guidelines
  • the proceedings can be funded under the forum test
  • VLA considers the person cannot afford the full cost of a private lawyer (the means test) if the person is an adult
    and, usually,
  • the matters for which aid is sought meet the Commonwealth merits test.

Commonwealth family law matters are proceedings under the:

Applications under the Children, Youth and Families Act 2005External Link are considered Child protecion matters.

Commonwealth family law and child support guidelines

The Commonwealth family law and child support guidelines set out when a grant of legal assistance may be made in relation to the following Commonwealth family law and child support matters being heard or determined in Victoria:

  • mediation of family disputes
  • family law matters relating to children
  • spousal maintenance and arrears
  • child support and child maintenance and arrears
  • nullity of marriage
  • appeals of family law or child support matters
  • international child abduction matters.

Reviewed 16 August 2022

In this section