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De Facto Property Proceedings
Legal aid is available for property proceedings under the De Facto Relationships Act 1984.
A grant of legal aid for this type of matter is subject to means test A, merit test A, and State family law guidelines.

Legal aid is available where
  • the proceedings are taken in the Local Court (unless the court transfers the proceedings to the Family Court or the Supreme Court or proceedings have been instituted by the other party in the Family Court or the Supreme Court)
  • the parties' equity in the property in dispute exceeds $5,000 but does not exceed $100,000
  • the dispute is not about liquid assets, and
  • the property in dispute is not likely to be sold.

Legal aid is also available where exceptional circumstances exist.

Where the parties' equity in the property in dispute is not more than $5,000, legal aid is available where
  • the proceedings are taken in the Local Court (unless the court transfers the proceedings to the Family Court or the Supreme Court or proceedings have been instituted by the other party in the Family Court or the Supreme Court)
  • the dispute is not about liquid assets
  • the property in dispute is not likely to be sold, and
  • exceptional circumstances exist. Exceptional circumstances include matters where the applicant is at special disadvantage.

Legal aid will not be available until the parties have been separated continuously for a period exceeding three months, except in urgent cases.

Where the parties' equity in the property in dispute is less than $10,000 the matter is to be conducted by Commission salaried solicitors unless exceptional circumstances exist.

Exceptional circumstances include
  • conflict of interest
  • location of Court
  • unavailability of Commission staff.

De Facto Relationships Act matters should proceed in the Family Court rather than the Supreme Court where appropriate, for example, where there are other proceedings in the Family Court relating to children.




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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