Note: The following information provides guidance on how to interpret and apply guideline 5.4 and should be read in conjunction with that guideline in the Handbook. Where there is any inconsistency between the following information and the guidelines, the guidelines will prevail.
Where a grant of assistance is made for family dispute resolution, the service must be provided by Victoria Legal Aid's (VLA’s) Family Dispute Resolution Service (FDRS).
For more information relating to VLA’s FDRS, see Important information about FDRS.
(a) Eligibility criteria
Assistance may be available under this guideline where criterion A is met.
Criterion A
Refer to the notes linked to the following threshold tests:
and to the following supplementary information.
Commonwealth merits test and child support matters
When assessing the cost/benefit of an application for assistance under this guideline, the lawyer must take into account:
- the financial position of the applicant, the respondent and the child
- the child’s needs and capacity to self-support
- capacity of the payer parent to pay maintenance or if the application will result in only a slight increase to maintenance, this may not warrant funding, given the expected costs of legal action
- where child maintenance is for only a short period (e.g. when a child is about to complete their education) this may not justify the cost of taking action.
(b) Other mandatory requirements
Discharge or vary orders
Refer to the notes linked to the definition of significant change in circumstances.
(c) Grants assessment process
Applications for assistance under this guideline must be lodged via ATLAS using the ‘simplified process FDRS & stage 2’ template, making the following selections:
- in the matters screen, select ‘maintenance’ under matter group and then the appropriate matter type
- under ‘court hearings’, select ‘no court proceedings’
- under costs and disbursements, select the required funding, depending on the matter type.
If the lawyer needs to provide additional information, this should be done by using the ‘submit correspondence’ function.
(d) Documentary requirements
The lawyer’s file must contain a file note that makes clear:
- how the matter meets each of the threshold tests
and
- details as to the other party’s capacity to pay
and
- where discharge or variation is sought, how the significant change in circumstances is met
The file should also contain all other relevant notes, supporting evidence and documents.
Lawyers are also encouraged to complete a family law worksheet.
(e) Fees and billing
Stage 1 of fee table 4.1 sets out the fees available and the conditions attaching to grants under this guideline.
Updated