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2. Family law matters

2.2. Urgent matters

2.2.1 Priority for urgent matters

Although each of the family law matters are generally of equal priority, in deciding whether to grant aid for a family law matter in relation to an application to the court for an interim order or injunction, Legal Aid NSW must give the highest priority to urgent matters.

Urgent matters are matters in which Legal Aid NSW determines that:

  • a child's safety or welfare is at risk
  • the applicant's safety is at risk
  • there is an immediate risk of removal of a child from Australia or to a remote geographic region within Australia
  • there is a need to preserve matrimonial property, or
  • other exceptional circumstances exist that require urgent legal assistance.

2.2.2 Non urgent matters

Prioritising non-urgent matters

In prioritising funds available for non-urgent matters and deciding whether a grant of legal aid is to be made and, if so, the nature and extent of that grant, Legal Aid NSW may take into consideration whether:

  • there is, or is a likelihood of, domestic violence, especially if an allegation of domestic violence has been made
  • concerns as to the safety, welfare and psychological wellbeing of a child have been identified and require further investigation
  • the applicant has a language or literacy problem
  • the applicant has an intellectual, psychiatric or physical disability
  • it is difficult for the applicant to obtain legal assistance because the applicant lives in a remote area
  • the child/children are Aboriginal or Torres Strait Islander as defined under section 4 of the Family Law Act 1975 (Cth).

Date Last Published: 30/01/2017