Note: The lawyer is not required to assess eligibility under this guideline. Applications are submitted to ATLAS for assessment by Victoria Legal Aid (VLA).
VLA may make a grant of assistance to a child litigant for litigation in a parenting dispute to:
- apply for or respond to an application for parenting orders
- it is appropriate for the child litigant to participate in litigation
- the parent, or person with , who would otherwise make the application is genuinely unwilling or unable to do so
- the following threshold tests are met:
- where the person applying for assistance is the person who is making the application to the court, there is evidence kept on the file showing:
Being issued with a required section 60I certificate doesn’t always mean that a grant of assistance to attend the is inappropriate. Even where a section 60I certificate has been issued, the lawyer must consider whether attendance at FDRS is appropriate and could help the parties to resolve the dispute, before applying for a litigation grant. This doesn’t apply if the matter is an urgent matter.
Other mandatory requirements
As well as the requirements set out in Guideline 1.8, an additional criterion applies in the following circumstances:
Discharge or vary orders
If the significant change in circumstances has been caused by the applicant, VLA will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance to the applicant.
Fees ava ilable
Notes on this guideline
Reviewed 19 April 2023