For the purposes of deciding whether a grant of assistance should be made to a person in a parenting dispute, a ‘substantial issue in dispute’ is an issue that is:
- likely to have a significant impact on the child's safety or welfare, or
- about who a child is to live with, or
- about the child's right to spend time with their parents or other people significant to their care, welfare and development.
The dispute must be real. Orders for peace of mind, for example where a person wants to obtain a court order to feel more secure about arrangements, do not satisfy the guidelines.
Examples of disputes about a substantial issue are:
- where and with whom the child is to live
- whether 'time spent' should be allowed
- whether 'time spent' should be supervised
- whether 'time spent' should be allowed overnight rather than only during daytime
- whether a parent should be allowed to relocate the child to another state or country or a significant distance from the other parent or guardian
- whether a parent who spends time with the child should allow another person to be present where there are allegations of violence or child abuse against that person.
The following are examples of disputes that are not considered substantial:
- who should pay for travel costs associated with 'time spent'
- which school the child should attend
- 'time spent' for birthdays, Christmas or other significant celebrations
- proportionately small changes to the number of hours of time spent, unless the child is of pre-school age. For example, where the child is under the age of two years, a change of a number of hours in time spent may be considered a substantial issue. Where the child is aged two to six years, a half-day change in time spent may be considered a substantial issue
- where there is no issue in dispute and the parties are seeking to formalise existing parenting arrangements
- where the only issue between the parties is that they have difficulty communicating
- where the only issue between the parties is the place where changeover occurs.
For commentary and examples on how this test applies, see Notes on the 'substantial issue in dispute' test.
Reviewed 20 February 2022
In this section
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- Handbook
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- 3 – Criminal law guidelines
- Guideline 1.1 – ‘not guilty’ plea in the Magistrates’ Court
- Guideline 1.2 – ‘guilty’ plea in the Magistrates’ Court
- Guideline 1.3 – Assessment and Referral Court List matters
- Guidelines 1.4 and 1.5 – social security prosecutions
- Guideline 2 – traffic offence charges in the Magistrates’ Court
- Guideline 4.1 – County Court and Supreme Court pleas
- Guideline 5.1 – proceedings in the Criminal Division of the Children’s Court
- Guideline 6 – bail applications in the Children's, Magistrates’, County and Supreme courts
- Guideline 7.1 – criminal appeals to the County Court
- Guideline 7.2 – interlocutory appeals to the Court of Appeal
- Guideline 7.3 – appeals to the High Court
- Guideline 7.4 – leave to appeal against sentence in the Court of Appeal
- Guideline 7.5 – appeal against sentence in the Court of Appeal
- Guideline 7.6 – leave to appeal against conviction/conviction and sentence in the Court of Appeal
- Guideline 7.7 – appeal against conviction/conviction and sentence in the Court of Appeal
- Guideline 7.8 – election to renew leave to appeal against conviction and/or sentence in the Court of Appeal
- Guideline 8 – stay applications under the Criminal Procedure Act
- Guideline 9 – hearings under the Crimes (Mental Impairment and Unfitness to be Tried) Act
- Guideline 10 – Serious Offenders Act 2018
- Guideline 11 – Supreme and County Court breach proceedings
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- 4 – Commonwealth family law and child support guidelines
- Notes on the Commonwealth family law and child support guidelines
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- Guideline 3 – international child abduction
- Notes on Guideline 3
- Guideline 3.1 – litigation in matters involving international child abduction
- Guideline 3.2 – FDRS in matters involving international child abduction
- Guideline 3.3 – appointment of an ICL for litigation relating to international child abduction
- Guideline 3.4 – appointment of an ICL for FDRS in matters involving international child abduction
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- Guideline 5 − child support and child maintenance
- Guideline 5.1 – advice and negotiation for adults in child support matters
- Guideline 5.2 – litigation and administrative review for adults in child support matters
- Guideline 5.3 – advice and negotiation for adults in child maintenance and adult child maintenance matters
- Guideline 5.4 – FDRS in adult child maintenance matters
- Guideline 5.5 – litigation for adults in child maintenance and adult child maintenance matters
- Legal assistance for children in child support and child maintenance matters
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- Guideline 7 − special medical procedures involving children
- Guideline 7.1 – litigation for adults for special medical procedures involving a child
- Guideline 7.2 – appointment of an ICL in litigation relating to special medical procedures involving a child
- Guideline 7.3 – litigation for child litigants for special medical procedures involving them
- Family law costs management
- Important information about FDRS
- Jurisdiction of family law proceedings
- 4.1 – Family Violence and Cross-Examination of Parties Scheme
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- 5 – Commonwealth civil law guidelines
- Guideline 1 – general guideline for Commonwealth civil matters
- Guideline 2 – social security and other benefits: administrative appeals
- Guideline 3 – assistance for migration cases
- Guideline 4 – equal opportunity and discrimination cases
- Guideline 5 – war veterans' matters
- Guideline 6 – other Federal Court and High Court proceedings
- Guideline 7 – Proceeds of Crime Act 2002
- Guideline 8 – extradition proceedings
- Guideline 9 – NDIS administrative appeals
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- 6 – Child protection guidelines
- Introduction to child protection guidelines
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- Guideline 7 – judicial review of the Family Division of the Children's Court, County Court or Victorian Civil and Administrative Tribunal decision
- Notes on Guideline 7 – judicial review of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal decision
- Notes on fees and other costs payable in child protection matters
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- 7 – State civil law guidelines
- Guideline 1 – general civil claims of $5000 or more
- Guideline 2 – Mental Health Tribunal cases
- Guideline 2a – supervised treatment orders
- Guideline 3 – guardianship and/or administration cases in the Guardianship List
- Guideline 4 – coronial inquests
- Guideline 5 – equal opportunity or discrimination cases
- Guideline 5a – Victims of Crime Assistance Tribunal cases
- Guideline 6 – family violence protection order cases
- Guideline 7 – adoption
- Guideline 8 – evictions at VCAT
- Guideline 9 – Supreme Court
- Guideline 10 – infringements cases
- Guideline 11 – witnesses appearing before the chief examiner or examiner
- 8 – Public interest and strategic litigation
- 9 – Standard grants assessment process
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- 16 – Applying for a grant of legal assistance
- How to apply
- Does a person need a lawyer to help them apply?
- Helping a client apply for a grant of legal assistance
- How to fill in the application form
- Giving false information or omitting relevant information in the application
- Late applications and time limits
- How to apply for further assistance, or additional assistance
- Submitting the application
- Urgent applications
- Applications by children
- Applications to take legal action against VLA
- Applications by VLA staff for a grant of legal assistance for themselves
- 19 – Standard terms and conditions
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
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- 23 – Payments to lawyers and service providers
- Professional costs
- Counsel's fees
- Payments to agents
- Duty lawyer schemes
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- Disbursements
- Interim claims for authorised disbursements
- Table OO – VLA rates for reimbursement of authorised disbursements/expenses
- Table Q – Expert reports and court attendances in family law matters
- Table S – Expert reports and court attendances by psychologists and psychiatrists in criminal matters
- Cost ceilings
- Stage of matter limits
- Lump sum fees
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- Costs payable in criminal law matters
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- Fee Schedule 1 – Lump sum and other fees payable in criminal law matters
- Conditions for paying lump sum fees in criminal law matters
- Principles applying to payment of preparation fees to solicitors
- Summary criminal proceedings
- Table A
- Table B
- Table C
- Table D – Lump sum fees for bail applications in the Supreme Court
- Principles applying to payment of fees for Magistrates' Court stage of indictable matters
- Table E – Lump sum fees for the Children's Court and Magistrates’ Court stage of an indictable crime matter
- Principles applying to payment of fees for the County or Supreme Court stage of an indictable crime matter
- Table F – Lump sum fees for County Court and Supreme Court stage of an indictable crime matter
- Table F(i) – Lump sum and other fees for serious indictable crime matters in the Children’s Court
- Table G – Lump sum fees for sentence appeals in the County Court
- Table H – Lump sum fees for appeals against sentence and conviction in the County Court
- Table J – Lump sum fees for Supreme Court and County Court breach matters
- Table K – Lump sum fees for appeals to the Court of Appeal
- Table K(i) – Lump sum fees for appeal by the Director of Public Prosecutions to the Court of Appeal
- Table K(ii) – Lump sum fees for interlocutory appeal
- Table L – Lump sum fees for criminal appeals in the High Court
- Table NN
- Fee Schedule 1A – Fees payable in criminal matters if an Appeal Costs Certificate has been granted
- 24 – Quality Assurance
- 26 – Complaints and feedback
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