Flexible Forum Test Pilot

From 1 July 2019, VLA and Legal Aid NSW will be trialling a more flexible forum test. To make an application under the flexible forum test, an applicant must meet all of the following conditions:

1. they reside in a local government area (LGA) or law society area (LSA) along the Victorian and NSW border
2. they are seeking a grant of assistance for a Commonwealth family law matter
3. they have a Commonwealth family law matter that is being heard or going to be heard in either Victoria or NSW
4. their lawyer is on VLA’s family law panel if the application is made to VLA or on the Legal Aid NSW family law panel if the application is made to Legal Aid NSW
5. their lawyer’s principal place of practice is also in a relevant LGA/LSA.

Applicants who apply under the flexible forum test may apply to VLA or Legal Aid NSW for a grant of assistance, even if the matter is going to be heard in the other state, as long as their lawyer is on the family law panel if the application is made to VLA or on the Legal Aid NSW family law panel if the application is made to Legal Aid NSW.

Applicants must still meet relevant guideline, merit and means test requirements.

What areas are affected

The flexible forum test applies to applicants living in the following Local Government /Law Society Areas:

Victoria: Mildura, Swan Hill, Gannawarra, Campaspe, Moira, Wangaratta, Indigo, Wodonga, Towong, East Gippsland.

New South Wales: Wenworth, Balranald, Murray River, Berrigan, Federation, Greater Hume, Albury, Snow Valleys, Snowy Monaro, Bega Valley.