ERA is available for mediation in adult child maintenance matters where the applicant is:
To be eligible for ERA the applicant must satisfy the following tests:
ERA is available for mediation for spousal and de facto maintenance where the applicant:
To be eligible for ERA the applicant must satisfy the following tests:
Legal aid is available to apply for orders and to respond to applications under the Child Support (Assessment) Act 1989 (Cth) or the Child Support (Registration and Collection) Act 1988 (Cth).
To be eligible for legal aid the applicant must satisfy:
The grant of legal aid will normally be limited to proceedings in the Local Court or the Federal Circuit Court, unless such proceedings are unavailable.
See the Legal Aid NSW Child Support Service for information about the services available.
Legal aid is available for court applications under the Family Law Act 1975 (Cth) for child maintenance where an application for an administrative assessment of child support cannot properly be made.
To be eligible for legal aid the applicant must satisfy:
Where the applicant for legal aid is the child, Legal Aid NSW must also be satisfied that the child is the most appropriate person to seek the order.
Where the application relates to adult child maintenance, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.
Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: Family ERA policy 3.2.1.
Legal aid is available for appeals to the Administrative Review Tribunal (ART) under child support legislation in relation to a first review of a child support or child maintenance decision by the Child Support Agency.
To be eligible for legal aid the applicant must satisfy:
In determining whether the applicant is unable to adequately represent themselves before the ART, Legal Aid NSW will take into account whether the applicant is experiencing, or at risk of, domestic or family violence.
Legal aid is available for appeals to the Administrative Review Tribunal (ART) under child support legislation in relation to a second review of a decision of the ART (where a second review is permissible under the Administrative Review Tribunal Act 2024).
To be eligible for legal aid the applicant must satisfy:
In determining whether the applicant is unable to adequately represent themselves before the ART, Legal Aid NSW will take into account whether the applicant is experiencing, or at risk of, domestic or family violence.
Legal aid is available for appeals on a question of law from a decision of the Administrative Appeals Tribunal.
To be eligible for legal aid the applicant must satisfy:
Legal aid is available for court proceedings for payment of arrears of child maintenance or child support.
To be eligible for legal aid the applicant must satisfy:
Legal Aid is available in relation to the recovery of child support or maintenance where an application via UNCRAM is the only option.
The means and merit tests are not applied.
Legal aid is available for a court application to seek or oppose a declaration in relation to parentage under the Child Support (Assessment) Act 1989 (Cth) (the Act) that is either:
To be eligible for legal aid the applicant must satisfy:
Where the application is for a declaration under s106A of the Child Support (Assessment) Act 1989 (Cth), Legal Aid NSW must be satisfied that:
Where the application is for a declaration under s107 of the Child Support (Assessment) Act 1989 (Cth), Legal Aid NSW must be satisfied that:
Legal aid is available for DNA parentage testing where the applicant has been granted legal aid for:
See Family Fee guideline 2.5 on cost recovery in parentage matters.
Legal aid is available to make a court application to obtain or increase spousal or de facto maintenance.
Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.
To be eligible for legal aid the applicant must satisfy:
Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: Family ERA policy 3.2.1.
Legal aid is available to defend a court application to obtain or increase spousal or de facto maintenance.
To be eligible for legal aid the applicant must satisfy:
Legal aid is available to make, or defend, a court application to reduce spousal or de facto maintenance.
Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.
To be eligible for legal aid the applicant must satisfy:
Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: Family ERA policy 3.2.1.
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