Family Law Property Matters Legal aid is available for property proceedings arising under the Family Law Act 1975. A grant of legal aid for this type of matter is subject to means test A, merit test B, and Commonwealth general family guidelines. Assistance for certain property disputes Legal aid may be granted for the dissolution of a property dispute in circumstances where there is evidence that the separation of the parties is final, if for a dispute relating to real estate: the applicant is likely to retain the matrimonial home; and the applicant cannot borrow enough funds to both buy the other party’s interest in the matrimonial home, and pay the anticipated legal costs of the proceedings (demonstrated by the applicant providing a letter from a lending authority, which confirms a loan application and advice of the authority as to the amount which can be borrowed); or the dispute relates to the preservation of assets, or to funds from which the applicant can only receive a deferred benefit, such as superannuation benefits. Note: Final separation of the parties is normally demonstrated by the parties being separated for at least 6 months. Limitations on aid For a dispute relating to real estate, legal aid for representation is limited to proceedings where the applicant’s equity in the matrimonial property in dispute is valued at less than $100.000. Aid will usually be for proceedings in the Local Court or the Federal Magistrates Service if that is the ordinarily appropriate forum. Legal aid for property matters, other than applications mentioned above relating to preservation of assets or deferred benefit may only be granted if the Commission has decided that it is appropriate for aid to be granted for other related family law matters. However, unless there is also a domestic violence issue involved, legal aid should not be granted if the only other matter is spouse maintenance. Conveyancing costs in property matters Where legal aid has been granted for property proceedings, legal aid is available for conveyancing costs for transfer of proprietary interests in a house under family law orders and approved agreements between spouses.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.