Q + A

Do I have to go to Court to get parenting and property Orders?

Do I have to go to Court to get parenting and property Orders?
Yes – you generally need to attend Court, except in circumstances where Orders by Consent are entered into.

Do I have to go to Court to get a divorce?

Do I have to go to Court to get a divorce?
If there are children of the relationship you should attend Court, however if there are no children then it is not necessary for you to attend Court.

How long does it take to get a matter heard in the Family Court?

How long does it take to get a matter heard in the Family Court?
Generally there is a six week period between lodging documents at the Court and the first hearing date. Urgent matters can usually be dealt with more quickly.

I am told I need a Section 60I certificate before applying for Legal Aid what does that mean?

A Section 60I Certificate is a certificate which certifies that you have completed, or attempted to complete, Roundtable Dispute Management. Roundtable Dispute Management is a form of mediation, which attempts to mediate family issues without proceedings going to court.

More information can be found about

Roundtable Dispute Management here –http://www.legalaid.vic.gov.au/find-legal-answers/separation-divorce-and-marriage-annulment/family-dispute-resolution

Children’s Court

I have a matter in the Children’s Court. Am I eligible for Legal Aid?
If you have a matter in the Children’s Court in relation to one of your children and you are in receipt of Centrelink benefits you may qualify for Legal Aid assistance

subject to Victoria Legal Aid guidelines. Unfortunately, due to recent changes, Victoria Legal Aid rarely funds grandparents or carers in Children’s Court matters, even if you are a party to the proceedings.

In addition, Legal Aid does not fund requests to review Child Protection decisions. Information on how to request a review of a Child Protection decision can be found at-

http://www.dhs.vic.gov.au/__data/assets/pdf_file/0010/584479/review-of-case-plan-decision-info-parents-may03.pdf

Federal Circuit

I have a Family Law Matter in the Federal Circuit Court/Family Court. Am I eligible for Legal Aid assistance?
In order to be eligible for Legal Aid assistance in the Federal Circuit Court for a family law matter, the matter in dispute must be a

priority matter. A priority matter is a matter which is considered as urgent by the Court, such as a child being in imminent danger or at risk of being removed from the state/country. As well as being a priority matter, to be eligible for Legal Aid assistance in the Family Court, you must have completed, or attempted to complete, Roundtable Dispute Management.
More information about Legal Aid assistance can be found here –

http://www.legalaid.vic.gov.au/information-for-lawyers/grants-guidelines/family-law-guideline-changes