Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 12 Property| Property |
Guideline : Cwth
Number: 12 Effective Date: 15/7/10 Law: Cwth Family |
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| 12.1 | Assistance for certain property settlement disputes | ||||
| (1) | The Commission may make a Grant of Legal Assistance for the resolution of a matrimonial property dispute only if: | ||||
| (a) | estimated equity in the disputed property is more than $20,000 | ||||
| (b) | the Commission is satisfied from the material provided to it that the separation of the parties is final, and | ||||
| (c) | the dispute relates to: | ||||
| (i) | matrimonial property and/or | ||||
| (ii) | funds from which the applicant for assistance may receive only a deferred benefit, such as superannuation benefits. | ||||
| (2) | Ordinarily a Grant of Legal Assistance will only be granted for the resolution of the dispute through participation in an FDR service. | ||||
| (3) | A Grant of Legal Assistance for litigation for a dispute about the matrimonial property may only be made if the applicant for assistance is also seeking the resolution of another related family law matter by the court or the Commission decides that it is appropriate to make a Grant of Legal Assistance to the applicant for assistance because of his or her personal circumstances. | ||||
| (4) | Where the dispute relates to the preservation of property and there is a risk that property will be disposed of then a limited Grant of Legal Assistance may be made for injunctive relief. | ||||