Documentary requirements The file must contain a file note that makes clear: lawyer’s 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 Support Legal VLA’s Child 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;
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;
vla-the-notes-on-commonwealth-family-law-and-child-support-guidelines.docx