The Legal Aid NSW Property Policy is intended to capture applicants who live in NSW and have property settlement proceedings involving property that is in Australia.
Where an applicant has a parenting and property matter, Legal Aid NSW expects that the proceedings will be conducted together.
Early Resolution Assistance (ERA) is available for mediation in property settlement matters where the net value of the pool of assets is $850,000 or less (excluding superannuation), and
To be eligible for ERA the applicant must satisfy the following tests:
Contribution in property settlement matters
Where a client receives more than $30,000 in cash as a result of the property settlement, they will be expected to contribute to the costs of the mediation as set out in the ERA Family Law Fee Scale.
Note: For property settlement matters involving overseas property, see Family Law Guideline 3.16.
Date last published: 11 March 2024.
Legal aid is available for property settlement matters under the Family Law Act 1975 (Cth). Unless the matter is urgent, the applicant must first attend mediation through the Legal Aid NSW Family Dispute Resolution Unit in relation to the dispute.
To be eligible for legal aid the applicant must satisfy:
and
or
Note: For property settlement matters involving overseas property, see Family Law Guideline 3.16.
Note: Only officers authorised under the Delegation Instrument clause 9.17 can determine whether there are exceptional circumstances under the Property Policy.
Note: Where a legally aided person receives more than $30,000 in a property settlement, a contribution to legal costs will be imposed in accordance with Contributions Policy 6.2.3.
Note: Legal aid is also available to applicants seeking to intervene as a third party in proceedings under the Family Law Act 1975 (Cth). See Civil Law Policy 4.11.2 Proceedings to protect a person's interest in the home.
Note: See Family Law Guideline 3.5 on grants of aid made in relation to preservation of property and where there is a risk the property may be disposed of.
Date last published: 11 March 2024
Where an applicant for legal aid has a parenting matter and a property settlement matter, legal aid will only be available for the parenting matter where the applicant is also eligible for their property matter, unless there are exceptional circumstances.
Note: where an applicant does not satisfy the property settlement policy because the estimated net value of the pool of assets is $40,000 or less, Legal Aid NSW may be satisfied there are exceptional circumstances.
See Family Law Policy 3.2.3 Court proceedings for parenting matters
Date last published: 11 March 2024
Legal aid is available for enforcement of property settlement orders where:
To be eligible the applicant must satisfy:
Note: Where a legally aided person receives more than $30,000 in a property settlement, a contribution to legal costs will be imposed in accordance with Contributions Policy 6.2.3.
Date last published: 11 March 2024
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