Policy Bulletin 2023 / 12 Family Law Property: expanding Early Resolution Assistance for property settlement matters

31 July 2023

The Chief Executive Office of Legal Aid NSW has approved expanding Early Resolution Assistance (ERA) for Family Law Property matters, to include the former matrimonial/defacto home where the equity in the home is $815,000 or less.

Background

On 1 May 2023, we introduced changes to the Means Test. The changes included an increase in home equity to $815,000. This means an applicant who has home equity of up to $815,000 will be eligible for a grant of legal aid in their property settlement if they satisfy the other limbs of the policy. However, to be eligible for a grant of aid, a person must attend an early intervention mediation at the Legal Aid NSW Family Dispute Resolution (FDR) before commencing court proceedings.

Currently the pool of assets for ERA property matters is $600,000. This is now well below the allowable home equity. We are currently working towards a change to the property policy for ERA but in the meantime to ensure we capture those applicants with equity of up to $815,000, we have made a small interim change to the ERA property policy.

  • What has changed?

    The policy change will apply to applicants who have a property dispute that only involves the former matrimonial or defacto home with an equity of up to $815,000.  It includes where an applicant retains the home, and where they are not retaining the home, they have disclosed domestic or family violence or a disability that affects their ability to negotiate a reasonable settlement.

    It does not include ‘other property’ or exceptional circumstances. The change does not include superannuation splitting.

Commencement Date

The changes apply to applications for ERA funding determined on or after Monday 31 July 2023.

See ERA Policy for Property disputes on Policy Online at 3.3.1 Early Resolution Assistance Mediation – Property disputes

Contact for further information

The Client Eligibility Unit at email: Client Eligibility Unit.