Family Law

There are four panels under the Family area of law which are covered by Commonwealth and State funding. For a law practice to undertake legal aid work under all panels in this area of law, the law practice must have at least one legal practitioner that meets the requirements of each individual panel.

Where a legal practitioner may not meet the individual panel requirements, the principal/nominated principal for the law practice should note the delegation requirements of the individual panel to ensure compliance with Clauses 41 and 47 of the Quality Standards.

  1. Family Law

    Solicitors only are eligible to undertake work for this panel.

    This panel covers Commonwealth family law work in accordance with Legal Aid NSW policies and guidelines.

    Family Fee Scales

    The panel covers family law work in the following courts and/or areas:

    • Federal Circuit and Family Court of Australia (Division 1 and 2 for sittings in NSW)
    • NSW Local Courts
    • Legal Aid Family Dispute Resolution (FDR) Conferences

    Requirements:

    • 2 years PAE in family law is a requirement to be appointed to this panel

    Delegation:

    • Work under this panel may be delegated to legal practitioners within the law practice who have less than 2 years PAE.
    • The principal and any legal practitioners employed by the law practice, who satisfy the individual requirements of this panel, may delegate legal aid work to other legal practitioners within the law practice who satisfy the delegation requirements of this panel.
    • Legal practitioners being delegated work under this panel must be supervised by a legal practitioner within the law practice who satisfies the individual requirements of the panel and is eligible to undertake the work.
  2. Care and Protection

    Solicitors and barristers (as direct representative) are eligible to undertake work for this panel.

    This panel covers State Family Law funding in the representation of adults and children in matters brought under the Children and Young Persons (Care and Protection) Act 1998 (NSW), Authorised Carers under the Child Protection (Working with Children) Act 2012 and adults and children under the Education Act 1990.

    This panel is for the direct legal representation of legally aided adult clients and for either direct or independent legal representation of children depending on their age.

    Care & Protection Fee Scales

    The panel covers care and protection work in the following NSW courts:

    • Children’s Court
    • Local Courts

    Requirements:

    *Any Workshop enquiries including future dates please contact childcarerepresentation@legalaid.nsw.gov.au.

    **Please note that if you have registered for the Workshop to undertake care and protection work as an eligible associate, you are required to provide a referee report from a suitable referee who can attest to your knowledge, skills and experience. If you have successfully completed the Workshop and you have provided a report from a suitable referee, the report will be reviewed by Legal Aid NSW. If the report is not provided or it is determined that the report is unsatisfactory or the nominated referee unsuitable, your nomination as an eligible associate will not be approved.

    Delegation:

    • Work under this panel where the client is an ADULT may be delegated to legal practitioners within the law practice who have less than 5 years PAE.
    • Work under this panel where the client is a CHILD can ONLY be undertaken by a legal practitioner who satisfies the individual panel requirements and is eligible to undertake the work.
    • The principal and any legal practitioners employed by the law practice, who satisfy the individual requirements of this panel, may delegate legal aid work to other legal practitioners within the law practice who satisfy the delegation requirements of this panel.
    • Legal practitioners being delegated work under this panel must be supervised by a legal practitioner within the law practice who satisfies the individual requirements of the panel and is eligible to undertake the work.
  3. Independent Children’s Lawyer

    Solicitors only are eligible to undertake work for this panel.

    In family law matters requiring the involvement of an Independent Children's Lawyer the Federal Circuit Court or Family Court will make orders requesting LANSW make arrangements for the representation of the child/ren. Law practices  who are appointed to this panel are eligible to receive grants of legal aid to provide this representation.

    Associates nominated by their law practice to conduct legally aided work covered by the panel must have completed Phase 1 and Phase 2 of the National ICL Training Program developed by National Legal Aid (NLA).  They must also complete the Legal Aid NSW ICL Nuts and Bolts training course. These are mandatory requirements for the law practice to be appointed to the panel.

    A suitably experienced barrister may be briefed by a panel member in appropriate matters subject to Legal Aid NSW policies and prior approval.

    ICL Solicitor Fee Scales

    The panel covers ICL work in the following courts:

    • Federal Circuit Court (in its sittings in NSW)
    • Family Court of Australia (in its sittings in NSW)

    Requirements:

    • 5 years PAE in family law, with at least 75% of total workload in family law;
    • Successful completion of the national ICL training course within the last two years;
    • Completion of the Legal Aid NSW ICL Nuts and Bolts training course*; and
    • a current Working With Children Check (WWCC)

    Delegation:

    • Delegation of work is NOT permitted under this panel.
    • Work under this panel can ONLY be undertaken by a legal practitioner who satisfies the individual panel requirements and is eligible to undertake the work.

    *After completion of the Phase 2 workshop training NSW practitioners will be identified as eligible to attend the Phase 3 Nuts and Bolts training and will be invited by Legal Aid NSW to register for the annual one-day training. A date has yet to be announced for the next Nuts and Bolts training but will likely take place in February or March each year. Practitioners outside NSW practising in firms seeking to obtain NSW ICL panel membership will also need to complete the Nuts and Bolts training and will need to contact Legal Aid NSW regarding registration for the next annual Nuts and Bolts course. Any questions about ICL training requirements can be emailed to iclwebsite@legalaid.nsw.gov.au.

  4. Domestic Violence

    Solicitors and barristers (as direct representative) are eligible to undertake work for his panel.

    This panel is a specialist panel for legal practitioners who undertake assigned contested ADVO work in Local Courts throughout NSW and duty work in a number of specified NSW Local Courts (the Domestic Violence Duty Scheme). Legal practices appointed to this panel are expected to have specialist knowledge and skills in providing legal assistance to victims of domestic and family violence. This specialisation includes:

    • Specialist knowledge and skills in adopting a trauma-informed approach to providing services to clients subject to actual and/or threatened violence and with complex legal and/or social needs;
    • Expertise in relation to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and in conducting ADVO proceedings; and
    • Demonstrated capacity to provide legal assistance in relation to the broad range of legal problems caused by domestic and family violence.

    Domestic and family violence can and does affect people of all cultural, social and economic backgrounds and affects some people in disproportionate and/or in more complex ways. Women, and in particular women who are pregnant, indigenous, from multicultural backgrounds, and who have a disability, have a heightened vulnerability to domestic and family violence. Children are similarly vulnerable.

    It is important that legal practitioners representing such clients have a sophisticated understanding of the complexities facing children and women who are indigenous, from multicultural backgrounds and with disabilities who are experiencing domestic and family violence. Legal practitioners must have a capacity to communicate with and on behalf of vulnerable clients and to deliver services that are inclusive and accessible.

    State Local Court Solicitor Fee Scales apply to Domestic Violence Panel matters DV Fee Scales

    The panel covers Apprehended Domestic Violence Order (ADVO) work in the following NSW courts:

    • Local Courts
    • Local Courts with specified Domestic Violence Scheme

    Requirements:

    • 5 years PAE in ADVO matters

    Delegation:

    • Delegation of work is NOT permitted under this panel.
    • Work under this panel can ONLY be undertaken by a legal practitioner who satisfies the individual panel requirements and is eligible to undertake the work.

Panel enquiries

If you have any enquiries about a panel or the application process, or using the Application website, please contact the Private Lawyer Quality Standards Unit by e-mail at panels@legalaid.nsw.gov.au or on 02 9219 5662.

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