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Guidelines

2. Family law matters

2.19. Significant financial benefit

What is a Significant Financial Benefit?

When assessing what amounts to a significant financial benefit under the exceptional circumstances tests in Family Law Policy 5.6: settlement after separation, the following rules apply:

  • If the total amount recovered is $52,000 or less, it will not be considered a significant financial benefit. In calculating the contribution to legal costs, Legal Aid NSW will not take into account any money recovered up to $52,000.
  • If the total amount recovered is over $52,100 and less than $80,000, a s46 contribution will apply for any amount that exceeds $52,100 and up to $80,000. The contribution amount is to be calculated in accordance with Contributions Policy 11.3.5 and Contributions Guidelines 5.5.3.
  • An amount over $80,100 is considered a significant financial benefit.

Note: Total amount recovered does not include any deferred benefit, for example, superannuation.

Date last published: 9/7/2019