For legal aid to be granted to appeal or respond to an appeal of a domestic violence order from the Magistrates Court, the following tests must be satisfied:
Documentary requirements
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- A completed and signed Legal Aid Queensland application form.
- Proof of income and assets (refer to the means test).
- A copy of the domestic violence order.
- For applicants seeking to appeal, details as to why the applicant is wishing to appeal the order.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:
- Proof of income and assets (refer to the means test).
- A copy of the domestic violence order.
- For appellants, details as to why the applicant is wishing to appeal the order.
Interpretation
Where a respondent to a domestic violence order is applying for aid to appeal a DV Order they must provide details as to why they wish to appeal the order and why they consider that they will be successful in their appeal.
Where the aggrieved to a domestic violence order is applying for aid to respond to an appeal of that order, Legal Aid Queensland considers that the applicant for aid meets the merits test.
Grant(s) of aid
The grant of aid to represent a client on an appeal of a domestic violence order in the District Court is A5.
Extension(s) of aid
If the appeal proceeds to a second day of hearing the A51 grant of aid applies.
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).