Applications in a proceeding

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    Assessment criteria

    For legal aid to be granted for an application in a proceeding the following tests must be satisfied:

    • there has been a significant change of circumstances since the lodgement of the initiating application or response, and
    • the issue has a degree of urgency and it is essential for the issue to be resolved, and
    • the issue cannot be resolved through negotiations or a dispute resolution conference, and
    • the request meets the merits test.

    Decision makers of a higher delegation

    If the matter has or will exceed the cap as outlined in guideline 18.2 – limit on costs, the matter will be referred to a grants manager for consideration.

    Requirements

    Extension of aid requests received from a preferred supplier or in-house practitioner

    Practitioners seeking a grant of legal assistance must electronically submit an extension of aid request via the Grants Online system along with the relevant information request.

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

    Interpretation

    There has been a significant change of circumstances

    Legal Aid Queensland may determine there has been a significant change in circumstances when a party seeks to:

    • Relocate due to a change in employment.
    • Change the parenting arrangements as there is a risk to the child’s safety.
    • Respond to a third party application.
    • Respond to a procedural application of a vexatious nature.
    • Apply for orders relating to property settlement as they were not aware of property owned by the other party.

    Prior to funding an application in a proceeding, the assessing officer must be satisfied that the dispute relates to a substantial issue and the matter meets the merits test.

    It is essential for the issue to be resolved and the issue has a degree of urgency

    Legal Aid Queensland may consider it is essential for the issue to be resolved when for example:

    • a party is not complying with interim orders and denying the child their right to have a safe and beneficial relationship with the other party.
    • There are issues relating to the child’s immediate safety or welfare.

    Grant(s) of aid

    The grant of aid for an application in a proceeding is FMAC for parties other than the ICL.

    Retrospective contributions

    If the dispute includes property settlement, funding will be provided subject to the right to recover a retrospective contribution.

    Last updated 8 December 2015

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