Financial enforcement proceedings (where a final order exists)

For legal aid to be granted for financial enforcement hearings, the following tests must be satisfied:

• The applicant meets the means test.
• The applicant meets guideline 15 – enforcement of court orders.
• 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)
• a copy of the court order
• details of the breach of order and any requests you have made to the other party in relation to their compliance with the order.

Application received from preferred supplier or in-house practitioner

Practitioners seeking a grant of legal assistance must electronically submit an application for aid via the Grants Online system attaching:

• a copy of the court order
• details of the breach of order and any requests your client has made to the other party in relation to their compliance with the order.

The following documents are retained on file but may be requested by Legal Aid Queensland:

• a completed and signed Legal Aid Queensland application form
• proof of income and assets (refer to the means test)

Grant(s) of aid

The grant of aid to apply/respond for enforcement is ENF1.

Extension(s) of aid

If the enforcement hearing proceeds to additional days, the ENF2 grant of aid may be available.

Retrospective contributions

All disputes relating to parenting and property are subject to a retrospective contribution.

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).