Note: The lawyer is not required to assess eligibility under this guideline. Applications are submitted to ATLAS for assessment by Victoria Legal Aid (VLA).
- urgent or
- of child maintenance or adult child maintenance
- a child maintenance order or adult child maintenance order
- enforcement of a child maintenance order or adult child maintenance order.
- it is appropriate for the (or adult child) to participate in the proceedings
- 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) has been, or will be funded by VLA in relation to another family law matter
- the following threshold tests are met:
Other mandatory requirements
As well as the requirements set out in this guideline, additional criteria apply in the following circumstances:
Discharge or vary orders
If the significant change in circumstances has been caused by the person seeking assistance, VLA will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance.
Enforcement of orders
The following applies to grants of assistance for enforcement proceedings:
- the request for legal assistance should be made without unreasonable delay after the orders have been contravened
- the person requesting assistance for enforcement proceedings must seek a against the other party from the court. Refer to information on for more information
- we treat grants of assistance for enforcement proceedings as a for the purposes of family law cost management. This means that we will not include the amount of the grant when calculating the for the substantive matter (see ).
Applications for assistance under this guideline are not administered via the , but are assessed by VLA. 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
Notes on this guideline
Reviewed 19 April 2023