The ‘Court Hearings’ data capture form requires practitioners to disclose, in many cases, the date of any existing or proposed court proceedings that relate to the request for legal assistance.
Different application types may require different responses:
- Some applications for assistance require a hearing date – eg. summary crime. If you fail to insert a hearing date, you cannot submit your application.
- The date can relate to proceedings already on foot (eg. criminal proceedings); or (in civil and family cases only), proceedings which the applicant proposes to issue.
If the ATLAS form allows you to enter ‘Intended proceedings’, you will need to insert the court type and the type of hearing.
If you do not completely fill out the required minimum information, you will receive an error message.
Extensions require less specific information. Please note the following:
- A hearing date is not mandatory. In such cases, the drop-down list can merely be completed with a ‘No’ answer, and left at that, but subject to the following qualification.
- If ‘No’ is selected, the only items for which assistance can be recommended/sought are disbursements. This will enable practitioners to seek assistance for such items as medical reports, assessments etc in situations where the matter is awaiting a listing date.
- If you require professional costs for an extension, you must select ‘Yes’ or ‘Yes – intended’.
Note: This option should only be used for civil or family law matters.
If a firm listing date is not known, practitioners should select 'Yes – intended'. The balance of the form should contain the proposed court venue, court type, and the orders sought. If those particulars change in between date of submission, and the date of issuing the proceedings, a file note should be kept by the practitioner for audit/compliance purposes.
Reviewed 24 January 2022