1. Single expert reports 

Legal Aid NSW will only fund single expert reports, including single issues reports, in parenting matters where an ICL has been appointed.

If any party to the proceedings is legally aided, the ICL must obtain prior approval from Legal Aid NSW before seeking orders for a single expert report.

If an ICL is approved funding for a single expert report, they must ensure the single expert is appointed under the relevant court rules.

1.1. Requests for funding for a single expert report

Requests for funding for a single expert report will only be approved in matters where an appropriately qualified expert is required to consider issues of:

• child abuse
• a significant mental health impairment or cognitive impairment,
• substance abuse, or
• cultural factors

and

• the Court Child Expert recommends a report by an appropriately qualified expert because the issues are beyond the scope or expertise of a family consultant,

or

the Executive Director Family Law or Family Law Solicitor Grade VI Grants is satisfied there are exceptional circumstances.

NOTE: Legal Aid NSW will not approve funding for a single expert report if a family report prepared by a family consultant is appropriate.

1.2. Supporting information required when requesting funding

When applying for funding for a single expert report, the ICL must provide:

• a copy of the orders appointing a single expert,
• a summary of any allegations or issues relevant to the considerations in Guideline 1.1 above,
• an outline of steps taken to obtain evidence of the matters proposed to be covered in the single expert report, for example, issuing subpoenas, speaking to relevant treating medical personnel or other people or agencies with information about the relevant allegations of risk, and
• confirmation of a suitably qualified expert who is prepared to undertake the report at the Legal Aid NSW fee scale rate.

1.3. Approval for funding for an updated single expert report

Requests for an update of a single expert report will only be approved when it can be demonstrated that there has been a significant change in circumstances since the first report was released.

1.4. Costs for a single expert report when a party is not legally aided

If any party to the proceedings is not legally aided, the ICL must seek an order from the Court that the non-legally aided parties pay their share of the costs of obtaining the single expert report and ensure costs are secured before engaging the expert.

1.5. Amount of funding for a single expert report

Legal Aid NSW apportions funding for the single expert report based on whether the parties to the proceedings (excluding the ICL) are legally aided.

Legal Aid NSW will only fund a party’s share of the cost of the single expert report (on the ICL file) if the party is legally aided.

Legal Aid NSW may consider funding a non-legally aided party's share of the single expert report if there are exceptional circumstances.

NOTE: The decision to approve funding for a non-legally aided party’s share of the single expert report can be exercised by Legal Aid NSW officers authorised under Clause 37 of the Delegation Instrument.

2. Other Expert Reports (excluding valuations)

Funding for other expert reports is available for approval on a client’s grant if the evidence is likely to materially affect the outcome of the matter, considering:

• the issues in dispute between the parties,
• the relevance of ongoing risk assessment,
• the qualifications of the proposed expert and the purpose of the proposed report,
• the availability of appropriate alternative ways to introduce subjective evidence,
• the recommendations of any Court Child Expert or family consultant, and
• whether the court has permitted the client to rely on expert evidence other than a single expert.

Legal Aid NSW will not fund an expert report if the evidence should be adduced via a single expert report (including a limited issues report) or family report. 

3. Real property valuations

Funding for a valuation of real property is available for approval on a client’s grant for a property settlement matter if:

• there is a substantial dispute between the parties as to the value of the property, and
• it is unlikely the property will be sold as part of the final property settlement.

The valuer must be a licensed property valuer.  

4. Travel expenses

Fees for travel will only be paid where a Sydney-based expert is travelling to a client assessment located outside the Sydney metropolitan area. Travel will be paid on the same basis as for a legal practitioner. See travel rates and travel guidelines.

5. Approval for requests for funding above the fee scale

Legal Aid NSW may approve requests for funding above the fee scale in exceptional circumstances. Exceptional circumstances must be considered in the context of other legally aided clients in similar matters.

NOTE: The decision to approve funding for expert reports above the fee scale can be exercised by Legal Aid NSW officers authorised under Clause 37 of the Delegation Instrument.