Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 1 Priority for Urgent Matters| Priority for Urgent Matters |
Guideline : Cwth
Number: 1 Effective Date: 15/7/10 Law: Cwth Family |
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| 1.1 | Urgent matters | ||||
| (1) | Although each of the family law priorities in the Commonwealth Legal Aid Service Priorities are generally of equal priority, in deciding whether to make a Grant of Legal Assistance for a family law matter in relation to an application to the court for an interim order or injunction, the Commission will give the highest priority to urgent matters. | ||||
| (2) | Urgent matters are matters in which the Commission determines that: | ||||
| (a) | a child's safety or welfare is at risk | ||||
| (b) | the applicant's safety is at risk | ||||
| (c) | there is an immediate risk of removal of a child from Australia or to a remote geographic region within Australia | ||||
| (d) | there is a need to preserve matrimonial property, or | ||||
| (e) | other exceptional circumstances exist that require urgent legal assistance. | ||||
| 1.2 | Non-urgent matters | ||||
| (1) | If the Commission determines that a family law matter that falls within the family law priorities is not urgent, a Grant of Legal Assistance should not be granted until the relevant parties have been separated for a sufficient period of time to enable them to be sure that there are real issues in dispute. | ||||
| (2) | Guideline 1.2(1) does not apply where the Commission considers that a non-urgent matter warrants a Grant of Legal Assistance for an application to the court for an interim order or injunction prior to the passing of the sufficient period of time referred to in guideline 1.2(1). | ||||
| (3) | In prioritising funds available for non-urgent matters and deciding whether a Grant of Legal Assistance is to be made and if so, the nature and extent of that Grant, the Commission may take into consideration whether: | ||||
| (a) | there is, or is a likelihood of, domestic violence, especially if an allegation of domestic violence has been made | ||||
| (b) | concerns as to the safety, welfare and psychological wellbeing of a child have been identified and require further investigation | ||||
| (c) | the applicant has a language or literacy problem | ||||
| (d) | applicant has an intellectual, psychiatric or physical disability | ||||
| (e) | it is difficult for the applicant to obtain legal assistance because the applicant lives in a remote location | ||||
| (f) | the child/children are Aboriginal or Torres Strait Islander as defined under section 4 of the Family Law Act 1975. | ||||