Update to Grants response for domestic violence matters
As part of Legal Aid Queensland’s (LAQ) current program for reviewing grants processes, the grants response for domestic violence matters have been reviewed and amended to better respond to the current environment, court processes and client needs.
The previous structure provided for a single grant of aid for the entire proceedings including day 1 of a contested hearing. The only additional grant available was for additional days of a contested hearing. The new structure provides:
- A revised initial grant of aid for solicitor to represent a client in a domestic violence matter for an application, response, or variation. This grant of aid covers all work up to the matter being listing for a hearing. If the parties resolve the matter by consent an additional claim for the consent orders can be made under this grant.
- A new extension aid for a solicitor to prepare for and attend day one of a contested hearing.
- An extension for additional days of hearing
- A new extension of aid for counsel to prepare and attend day one of a complex contested hearing. Requests for counsel are subject to LAQ’s merits test.
- A new extension aid for counsel to attend on additional days of a contested hearing.
The guidelines for domestic violence matters remains the same, however LAQ has expanded the interpretation of guidelines for respondents to include particularly vulnerable clients. LAQ will consider funding respondents in domestic violence proceedings where:
- The respondent is under the age of 18 years.
- The respondent has a substituted decision maker.
- The respondent has information to support that they do not have the capacity to understand the nature of the proceedings or the effect of orders.
The Grants Handbook has been updated with the revised grants of aid. View the new structure here.
New applications for grants of aid for domestic violence matters determined on or after 14 August 2023 will be assessed in accordance with the revised structure.
If you have an existing grant of aid for a domestic violence matter, the new extension for a solicitor to prepare and attend day one of contested hearing will not be available as this work is covered in the existing grant.
If you have any queries about the new structure, please contact your Grants Team.