Documentary requirements The lawyer’s file must contain a file note that makes clear: why it is appropriate for the child to participate in negotiations, including the lawyer’s assessment that the child is sufficiently mature to give instructions; why the parent is unable to make the application; advice that no previous applications have been submitted in relation to the current dispute; attempts made by the client to obtain assistance from VLA’s Child Support Legal Service or a community legal centre (CLC); The Child Support Legal Service will provide a letter or referral email if they are unable to assist. If the client has does not have correspondence from the CLC where assistance was sought, a file note should be created noting the time and date of the appointment or phone call and the person that the client spoke to, or details of family law proceedings the client is being/or will be funded for; how each of the thresholds tests are met; where discharge or vary is sought, how the significant change in circumstances test is met; where the person seeking assistance is not a parent of the child, how they met the requirements of section 66F of the . where enforcement is sought, details of the substantial contravention. The file should also contain all other relevant notes, supporting evidence and documents, including documentary proof of means if the applicant is an adult child. Lawyers are also encouraged to complete a . Fees and billing sets out the fees available and the conditions attaching to grants under this guideline. The following provides additional information. Fees for this grant can only be claimed where the advice and negotiations take place prior to litigation (ie this is the first grant in the dispute). The following documents to support claims made under the grant should be retained on the file: consultations with the client, including appointments and telephone attendances; advice provided to client both oral and written;
Other mandatory requirements Discharge or vary orders Refer to the notes linked to the definition of . Grants assessment process A grant for advice and negotiation is available for the first grant in a dispute (ie on extension zero only). An application must be lodged via ATLAS using the ‘simplified process FDRS & stage 2’ template, making the following selections: In the maintenance screen select ‘Main applic spouse’. under ‘court hearings’, select ‘no court proceedings’. under stage 1 in the professional costs screen, select ‘Advice and Negotiations’. Where FDRS or litigation funding has been recommended but no claims have been made, and the lawyer then assesses that funding should instead be in place only for advice and negotiation, this should be requested via a new application. The lawyer should submit correspondence on the first file advising that an advice and negotiation grant will be requested on a fresh application, and ensure that the previous file is closed by submitting a file outcome via ATLAS. If the lawyer needs to provide additional information, this should be done by using the ‘submit correspondence’ function. Documentary requirements The lawyer’s file must contain a file note that makes clear: how the matter meets each of the thresholds tests; details of the other party’s capacity to pay; where discharge or vary is sought, how the significant change in circumstances test is met. The file should also contain all other relevant notes, supporting evidence and documents. Fees and billing Stage 1, Fee table 4.1 sets out the fees available and the conditions attaching to grants under this guideline.
Other mandatory requirements Discharge or vary orders Refer to the notes linked to the definition of . Grants assessment process An application must be lodged via ATLAS using the ‘simplified process FDRS & stage 2’ template, making the following selections: in the maintenance screen, select ‘Main applic spouse’. under ‘court hearings’, select ‘no court proceedings’. in the professional costs screen, select ‘A&N – Stage 1 Advice & Negotiations’. If the lawyer needs to provide additional information, this should be done by using the ‘submit correspondence’ function. Documentary requirements The lawyer’s file must contain a file note that makes clear: how the matter meets each of the thresholds tests; details as to the other party’s capacity to pay; where discharge or vary is sought, how the significant change in circumstances test is met. The file should also contain all other relevant notes, supporting evidence and documents. Fees and billing sets out the fees available and the conditions attaching to grants under this guideline. Guideline 6.3 – litigation in spousal maintenance disputes Eligibility criteria Assistance may be available under this guideline where criteria A is met. Criterion A Refer to the notes linked to the following threshold tests: ; ;
how the matter meets each of the thresholds tests; details of the significant change in circumstances, where discharge/vary sought; details of substantial contravention where enforcement sought. The file should also contain all other relevant notes, supporting evidence and documents. Lawyers are also encouraged to complete a . Fees and billing sets out the fees available and the conditions attaching to grants under this guideline. Guideline 7 – Special medical procedures involving children The following information provides guidance on how to interpret and apply guideline 7 and should be read in conjunction with that guideline in the Handbook. Where there is any inconsistency between the following information and the guidelines, the guidelines will prevail. Guideline 7.1 – litigation for adults for special medical procedures involving a child Note: The lawyer is not required to assess eligibility under this guideline. Applications are submitted to ATLAS for assessment by VLA. Eligibility criteria Assistance may be available under this guideline where criterion A is met. Criterion A Refer to the notes linked to the following threshold tests: ; ; In addition to the parents of a child, assistance may be available under this guideline for a person with parental responsibility, including a person with a permanent care order, to initiate or respond to proceedings relating to special medical procedures for a child. This may be necessary where the parents are absent, or will not consent to the medical procedure. Matters that may be funded under this guideline include treatment of a child for the following: gender identity disorder; surgery;