3.3 Property

Early Resolution Assistance (ERA) is available for mediation in property settlement matters where the net value of the pool of assets is $850,000 or less (excluding superannuation), and

• the applicant has a disability, or
• the applicant is 55 years of age or over, or
• domestic or family violence has been a factor in the applican't relationship with the other party.

To be eligible for ERA the applicant must satisfy the following tests:

• ERA Means Test, 
• ERA Merit Test, and
• the Forum Test

Contribution in property settlement matters

Where a client receives more than $30,000 in cash as a result of the property settlement, they will be expected to contribute to the costs of the mediation as set out in the ERA Family Law Fee Scale.

Note: For property settlement matters involving overseas property, see Family Law Guideline 3.16.

Date last published: 11 March 2024.

Legal aid is available for property settlement matters under the Family Law Act 1975 (Cth). Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test,
• the Forum Test, 

and

• the net value of the pool of assets in dispute is $850,000 or less (excluding superannuation) and more than $40,000, and
• the applicant:
  • is 55 years of age or older, or
  • has disclosed experience of domestic or family violence, or has a disability, that materially affects their ability to negotiate a reasonable settlement,

or   

• the dispute is about superannuation and the deferred benefit is more than $40,000, or
• Legal Aid NSW is satisfied there are exceptional circumstances.

Note: For property settlement matters involving overseas property, see Family Law Guideline 3.16.

Note: Only officers authorised under the Delegation Instrument clause 9.17 can determine whether there are exceptional circumstances under the Property Policy. 

Note: Where a legally aided person receives more than $30,000 in a property settlement, a contribution to legal costs will be imposed in accordance with Contributions Policy 6.2.3.

Note: Legal aid is also available to applicants seeking to intervene as a third party in proceedings under the Family Law Act 1975 (Cth). See Civil Law Policy 4.11.2 Proceedings to protect a person's interest in the home.

Note: See Family Law Guideline 3.5 on grants of aid made in relation to preservation of property and where there is a risk the property may be disposed of.

Date last published: 11 March 2024

Where an applicant for legal aid has a parenting matter and a property settlement matter, legal aid will only be available for the parenting matter where the applicant is also eligible for their property matter, unless there are exceptional circumstances. 

Note: where an applicant does not satisfy the property settlement policy because the estimated net value of the pool of assets is $40,000 or less, Legal Aid NSW may be satisfied there are exceptional circumstances. 

See Family Law Policy 3.2.3 Court proceedings for parenting matters

Date last published: 11 March 2024

Legal aid is available for enforcement of property settlement orders where:

• the court has made final orders in the applicant’s property settlement proceedings, and
• the applicant was legally aided at the time the final property settlement orders were made.

To be eligible the applicant must satisfy:

• the Means Test, 
• the Merit Test, and
• the Forum Test.

Note: Where a legally aided person receives more than $30,000 in a property settlement, a contribution to legal costs will be imposed in accordance with Contributions Policy 6.2.3.

Date last published: 11 March 2024