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Family Disputes - State law matters
Legal aid is not available for disputes between family members and former family members over property and money. Where proceedings are taken by or for the benefit of applicants at a special disadvantage and where
  • there are exceptional circumstances; and
  • the applicant would suffer undue hardship if legal aid were refused
this exclusion does not apply.

In those circumstances a grant of legal aid is subject to Means Test A, Merit Test A, and general civil guidelines.

"Family" includes family resulting from a de facto relationship. This exclusion does not apply to:
  • proceedings under the De Facto Relationships Act 1984 or the Family Provision Act 1982, or
  • proceedings where there is a likelihood of loss of the applicant's dwelling arising from an arrangement whereby the applicant made a financial contribution to the cost of the dwelling.

The Commission will consider the suitability of family disputes for referral to a Community Justice Centre.

See also State Family Law matters.




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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.

most recently updated 22 June 2000