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Enforcement of Family Court Orders Legal aid may only be granted for enforcement proceedings that concern a Commonwealth priority or priorities. When applying the merits test, the Commission must consider the behaviour of all of the parties since the making of the orders sought to be enforced. For the purpose of calculating and applying the family law costs management guidelines, proceedings to enforce final orders are to be treated as separate matter to previous proceedings. A grant of legal aid for the costs of proceedings to enforce final orders is limited to $2,000. Subject to Paragraph "If Costs Likely to Exceed Limit" under Costs Management of the Commonwealth general family guidelines. , If legal aid is granted for proceedings to enforce final orders, the applicant must seek a costs order against the respondent, unless the Commission considers that it would not be appropriate to do so. Appeals Legal aid may be granted for appeals. If the applicant is the respondent to an appeal, the appeal is to be treated as a new matter for the purposes of the costs management guidelines. Note: The provisions of the Federal Proceedings (Costs) Act 1981 must also be taken into account. A grant of legal aid for this type of matter is subject to means test A, merit test B, and Commonwealth general family guidelines. |
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