Preferred supplier newsletter — April 2024
This month:
Expert evidence in criminal proceedings
The Chief Justice has issued Practice Direction 14 of 2024 about expert evidence in criminal proceedings in the Supreme Court (other than sentences), effective 15 July 2024.
Please read the Practice Direction with this information notice.
Section 21O cross-examination of a protected witness
Grants of aid issued subject to a s21O order for summary proceedings in the Magistrates Court where the offences are domestic violence related, include funding to represent the client for the trial’s duration. Legal Aid Queensland (LAQ) has updated the Grants Handbook to clarify this.
Grants of aid issued relating to a s21O order for committal proceedings, District Court proceedings or Supreme Court proceedings remain limited to cross-examination of the protected witness(es).
Improper use of social media
A recent QCAT decision in Legal Services Commissioner v De Fraine [2024] QCAT (sclqld.org.au) deals with questions of professional misconduct and unsatisfactory professional conduct about the improper use of social media by legal practitioners likely to bring the profession into disrepute.
QCAT found the lawyer had behaved contrary to Rule 5.1.2 of the Australian Solicitor Conduct Rules 2012, and that his actions constituted unsatisfactory professional conduct.
LAQ reminds all lawyers to exercise great care and consideration when using social media, particularly about a client’s matter.
The Queensland Law Society has issued a Guidance Statement on using social media and law practice websites.
Dispute Resolution Services – Family Law Property Program
LAQ’s family law property program provides lawyer-assisted family dispute resolution conferences and arbitration services to help resolve property disputes for separated, married and de facto couples. The program began under the lawyer-assisted Family Law Property Mediation and Arbitration Pilot (which ran from 2020-23) and has now been established as an ongoing program.
The program is for less complex family law property disputes:
- with a net equity of between $20,000 and $500,000, excluding superannuation (with no limit on superannuation), or
- where the legally aided person’s claim is a maximum of $250,000 of a larger net equity (e.g., where there has been a short marriage and the total net equity exceeds the $500,000 maximum).
- Matters may be excluded from the program where they involve:
- a business or commercial venture (except where the parties have agreed on a value, in which case the matter may not be excluded)
- trusts or negative equity (debt) (except in exceptional circumstances)
- third party unsecured debt (except where the parties have agreed on the value, in which case the matter may not be excluded).
Most matters utilise an initial property-only family dispute resolution conference. This initial conference can be used to settle the matter or to identify and agree on any outstanding disclosure issues. Where parties need to take further steps after the initial conference, they may be eligible to apply for a second conference (after all outstanding disclosure has been completed). Parties can apply for outlays during the property program, such as valuations, medical reports, and funding to obtain the disclosure of superannuation.
Parties can also apply for arbitration where they have completed disclosure through an initial property-only family dispute resolution conference or via an ongoing court process. The arbitration program (where disclosure has already been completed) is referred to as “Arb Lite” and is a streamlined version of the full arbitration program. If parties do not want to undertake an initial property conference, they can apply for full arbitration, which will include completing disclosure and the opportunity to obtain outlays before the matter is referred to an arbitrator.
To participate in the program, both parties must be legally represented. At least one party must be legally aided. The second party may also be legally aided (if eligible) or may engage a private lawyer. There is no option to participate self-represented. When making an application for legal aid funding for participation in the property program, the existing assets test (capped at $400,000 including superannuation) does not apply, but the current income test will continue to apply. Assistance from LAQ under the program is not free. The costs of providing this service are shared between the parties. A legally aided party’s share of the service costs will be imposed as a retrospective contribution (at the end of the matter, upon that party receiving a financial benefit). A privately represented party must contribute an upfront amount towards the costs of the family dispute resolution practitioner (mediator) or arbitrator, and contribute to any agreed outlays for which a grant of aid is approved, such as valuations of real estate.
If a client is funded to participate in the property program, any representing solicitor is provided with a solicitor information guide which gives step-by-step information about the property program process.
For more information about the property program, visit: Family law property mediation program.
Publications and resources
LAQ produces more than 100 publications and resources from factsheets to posters, brochures, wallet cards and comprehensive legal information guides on a range of topics. You can check out the publications on the LAQ website and they can be ordered online at no cost.
For more information about our publications or to order copies of the duty lawyer session report form, email publications@legalaid.qld.gov.au
Continuing professional development (CPD)
Looking for professional development opportunities to boost your CPD points? Many of LAQ’s CPD seminars are recorded and available on Grants Online under the Information Resources tab.
Feedback
LAQ welcomes feedback and comments from clients, the community, and its suppliers. As preferred suppliers you play an important role in helping the organisation provide quality legal services to disadvantaged Queenslanders. If you would like to provide comments or suggestions about LAQ services, policies, processes or staff members, you can complete a contact form or email us at complaints@legalaid.qld.gov.au at any time. A senior staff member investigates all issues thoroughly and we also analyse all feedback regularly to improve our policies, processes, and services. View our Feedback and Complaints Policy.