5.2.1 Family law matters for which Legal Aid NSW will grant legal aid

Family law matters under this policy include matters arising under the following legislation:

Family Law Act 1975 (Cth)

Child Support (Assessment) Act 1989 (Cth)

Child Support (Registration and Collection) Act 1988 (Cth)

Children and Young Person's (Care and Protection) Act 1998 (NSW)

5.2.2 Representation in family law matters

A grant of legal aid to applicants in family law matters will be conditional upon the applicant being represented by either:

• an in-house legal practitioner
• a community legal centre (CLC), or
• a private legal practitioner nominated by Legal Aid NSW

See Representation Chapter for further details.

5.2.3 Availability of Funds Test in family law matters

All applications for legal aid in family law matters are subject to the Availability of Funds Test.

Legal aid will only be granted if Legal Aid NSW determines that sufficient funds are available. The Availability of Fund Test applies to decisions made by the Legal Aid NSW Board that certain state or Commonwealth matter types will not be funded for a specified period of time.

Date Last Published: 05/12/2022