Note: The lawyer is not required to assess eligibility under this guideline. Applications are submitted to ATLAS for assessment by Victoria Legal Aid (VLA).
- it is appropriate for the (or adult child) to participate in the negotiation
- the parent, or person with who would otherwise make the application is genuinely unwilling or unable to do so
- the (or adult child) has sought and is unable to obtain assistance from our or a community legal centre
- the (or adult child) does not have an existing grant of assistance relating to the current dispute
- the lawyer considers that the dispute may be resolved through advice, negotiation and exchange of letters
- the following threshold tests are met:
Other mandatory requirements
As well as the requirements set out in this guideline, an additional criterion applies in the following circumstances:
Discharge or vary orders
If the significant change in circumstances has been caused by the applicant, we will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance to the applicant.
Applications for assistance under this guideline are not administered via the , but are assessed by us. Lawyers submitting an application in must ensure that evidence supporting the application is uploaded to ATLAS with the application.
Ongoing assessment that client meets the guidelines
For information about fees available for a grant under this guideline, see in Fee table 4.1. Where a matter is resolved through an advice and negotiation grant and consent orders are filed with the court, the fee is also available.
Notes on this guideline
Reviewed 24 January 2022