Policy Bulletin 2026/3: Amendments to the Commonwealth Family Law policy
1 July 2026
The Legal Aid NSW Board approved changes to the Commonwealth Family Law Policy
Background
The cost of delivering legal aid services in family law has increased significantly over time; however, funding from the Commonwealth Government has not kept pace with these rising costs. In light of the current funding constraints, the Legal Aid NSW Board has made the decision to restrict eligibility for legal aid to a more limited cohort of disadvantaged applicants.
What has changed?
Legal aid is only available for family law matters for applicants who:
- are Aboriginal or Torres Strait Islander persons, or
- have or are experiencing domestic or family violence.
Parenting matters
- Family law policy 3.2.2: Recovery and location orders
- Family law policy 3.2.3: Parenting matters – for parents
- Family law policy 3.2.5: Parenting matters – for third parties
- Family law policy 3.2.7: Contraventions
- Family law policy 3.2.8: Varying or discharging parenting orders – for parents
- Family law policy 3.2.10: Varying or discharging parenting orders – for third parties
Property settlement matters
- Family law policy 3.3.1: ERA mediation: Property settlement matters - now includes Aboriginal and Torres Strait Islander persons
- Family law policy 3.3.2: Property settlement matters
- Family law policy 3.3.4: Enforcement of property settlement orders
Spousal and de facto maintenance
- Family law policy 3.5.12: Spousal and de facto maintenance - applicants
- Family law policy 3.5.13: Spousal and de facto maintenance - defendants
- Family law policy 3.5.14: Reducing spousal or de facto maintenance - applicants and defendants
Other family law matters
- Family law policy 3.4: Divorce
- Family law policy 3.7: Appeals
Start date
This change applies to applications received on or after 1 July 2026.
Contact
For further information, contact the Client Eligibility Unit at: T-CEU@legalaid.nsw.gov.au.
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