Upcoming policy changes for ICL grants
In the lead up to 31 December 2026, we will develop guidance, advice and resources to assist ICLs to manage the funding changes in their matters.
What’s changing?
From 1 January 2027, funding will no longer be available for Independent Children’s Lawyers:
- In final hearings where Legal Aid NSW funds the independent children’s lawyer and where both parties are legally represented (representation for parties includes parties in receipt of Legal Aid funding and parties who are represented under the Section 102NA scheme), and
- In appeal matters.
Background
We recognise the very important role played by the ICLs. We know that ICLs make a difference by making sure children’s voices are heard, and that the court has evidence relevant to their best interests.
The changes are aimed at making essential savings, while still ensuring that the maximum number of matters that need them still have the benefit of ICLs.
ICLs will continue to be appointed in accordance with Legal Aid NSW policy, and ICLs will be funded for all stages up until the Compliance and Readiness hearing.
Frequently asked questions
The funding changes for ICLs commence after 31 December 2026. After that date, Legal Aid NSW will not fund ICLs for final hearings in matters where both parties are legally represented.
The change will apply to matters after 31 December 2026, that are set down for final hearing.
It is the date the matter is set down for final hearing that is relevant not the final hearing date/s themselves.
Example 1: An ICL appears at a Compliance and Readiness Hearing in September 2026. The Judge lists the matter for final hearing on 20–24 March 2027. The ICL will be funded for the final hearing because the date the court sets the matter down is before 31 December 2026.
Example 2: An ICL appears at a Compliance and Readiness Hearing in November 2026. The Judge lists the matter for final hearing on dates to be advised. The ICL will be funded for the final hearing because the date the court sets the matter down is before 31 December 2026.
Where an ICL appears at a Compliance and readiness hearing after 1 January 2027, and both parties are legally represented the ICL will need to seek to be discharged.
It is possible that if a party becomes unrepresented that the court may again request the appointment of an ICL and send that request to Legal Aid NSW in the usual way.
If this happens, Legal Aid NSW may allocate the matter to the previous ICL if available, or to another ICL if this is practicable.
The ICL will need to seek to be discharged because of the changed circumstances.
An ICL allocated under a grant of legal aid cannot charge or accept private fees. Legal Aid NSW does not intend that parties privately fund ICLs as an alternative.
Yes.
If Legal Aid has funded a Single Expert, and the expert is required for the final hearing, the Single Expert witness fees will be funded on the legally aided party’s file (at legal aid rates). Funding would only be available to legally aided party.
Parties who are not in receipt of a grant of aid would need to privately fund their share of the costs.
Legal Aid NSW has briefed to the FCFCOA about the policy changes.
Legal Aid NSW will continue to engage with the FCFCOA and other key stakeholders about these changes.
We have also published a Budget and family law changes media release.
Further guidance
In the lead up to the changes coming into effect, we will keep this page updated with guidance and resources to assist independent children’s lawyers to manage the funding changes.
If you have questions, please email managerpracticerelations@legalaid.nsw.gov.au.
Costs recovery
Legal Aid NSW policy is that parties to the proceedings (excluding yourself) not in receipt of legal aid should contribute equally to the costs of the independent children’s lawyer.
As soon as you receive the letter appointing you as an independent children’s lawyer you must advise the parties, or their solicitors, that Legal Aid NSW will be seeking reimbursement of the entire costs of the independent children’s lawyer, but that if a party is legally aided, and they or their solicitor so advises and specifies the related Legal Aid NSW file number, Legal Aid will not pursue reimbursement.
Any party not in receipt of legal aid is requested to pay their proportionate share of the basic composite fee of $4,290 (inclusive of GST) being the anticipated costs and disbursements for the work up to but not including the defended hearing of the matter.
Payment should be made within 14 days of the receipt of your letter either through you, or directly to Legal Aid NSW. In the event of direct payment, it may be made in person, by telephone or by mail, by cash, cheque, and money order or by Visa, Bankcard or MasterCard credit cards. Whatever method of payment is used, it is essential that the person making the payment quote the Legal Aid NSW file number for the matter to ensure the payment is correctly receipted.
Payment in person can be made at any office of Legal Aid NSW. Payment by credit card can be made by telephone on (02) 9219 5189 or (02) 9219 5706 during ordinary business hours. The caller should have the file number and the credit card details ready. Cheques or money orders, whether through you or by mail to Legal Aid NSW, should be made payable to the Chief Executive Officer, Legal Aid NSW and posted to:
The Chief Executive Officer
Legal Aid NSW
PO Box K847
Haymarket NSW 1238
In addition to the basic composite amount, each party will be required to contribute in the same proportion to any additional costs of the independent children’s lawyer including on the final hearing (including counsel fees, if any). Estimates of these costs and disbursements should be provided by you to the parties as the matter progresses. Any party not in receipt of legal aid may apply to Legal Aid NSW for a reduction or waiver of their contribution or ask that payment be deferred to the conclusion of the proceedings.
If any party makes such a request they must complete the financial statement form which will be sent to you with the letter appointing you as an independent children’s lawyer, and return it to you with verification of their means.
You should then forward these documents to Legal Aid NSW with relevant comments, in particular as to the viability of collecting costs if Legal Aid NSW were to defer payment.
Unless Legal Aid NSW waives a party’s liability to pay a contribution towards the costs of the independent children’s lawyer, you must apply to the court for orders for payment.
Resources
Forms
Quality Standards checklist
This checklist is designed to assist legal practitioners in criminal, family and civil law practice to undertake legal aid work in accordance with the Quality Standards. The checklist is intended to provide clarity on the quality of legal services that legal practitioners at a panel member law practice are expected to deliver when undertaking legal aid work.
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