For legal aid to be granted at a re-hearing by SSAT the following tests must be satisfied:
- The applicant meets the means test, and
- The applicant meets guideline 5.3 – SSAT review of child maintenance support decisions, and
- The applicant or child will suffer hardship if legal assistance is not provided, or Legal Aid Queensland considers there to be a benefit to the community at large, and
- The applicant has filed tax returns (if required) for the relevant child support assessment periods, and
- The court has referred the matter for re-hearing in the SSAT, and
- The applicant meets the merits test.
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).
- copies of all relevant court documentation and orders
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 attaching:
- proof of income and assets (refer to the means test)
- copies of all relevant court documentation and orders.
The following documents are retained on file but may be requested by Legal Aid Queensland:
- a completed and signed Legal Aid Queensland application form.
Interpretation
The applicant cannot adequately represent themselves
Legal Aid Queensland will only consider that an applicant cannot adequately represent themselves if the applicant meets the commonwealth legal aid service priorities - special circumstances of the applicant priorities.
Allocation of a solicitor
Applications for a re-hearing by SSAT will be referred to the in-house family law team unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to read the material is SS1A.
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.