Children are not required to meet the under the Commonwealth special means test. circumstances or criteria. The redrafted guideline requires VLA The exclusion of children from to be satisfied that a or person having to meet the means test in ‘parent, with parental responsibility who would family law matters represents a otherwise make the application is change in eligibility criteria. genuinely unwilling or unable to do so’. Table 2 Non-substantive changes – Pre-July 2017 guidelines From 3 July 2017 Reason for change The pre-July 2017 guidelines The guidelines are now organised in the Greater clarity and were not organised in a ease of use. following order: consistent way, didn’t list all Matter type (parenting dispute, child criteria applicable under each guideline, and required lawyers support etc.) to move between different Client type (adult or child) guidelines. Service type (advice and negotiation, family dispute resolution at or VLA’s FDRS, litigation) Each guideline lists every applicable criterion. This minimises the need to move between different guidelines and different parts of the Handbook. The redrafted guidelines will be easier to read and to navigate using the links. Threshold tests of: These tests have been redrafted for Greater clarity and clarification and plain language. Links to ease of use. Forum the applicable tests are provided in each guideline. Substantial issue in dispute Commonwealth merit Contravention of order in last 12 months Introductory section More information is provided. New Greater clarity and section on the principles underlying the transparency guidelines. Assistance for advice and Redrafted for clarity. No significant Advice and negotiation in parenting disputes change, apart from substantive changes negotiation funding in (old guideline 1.1) to definition of (see parenting disputes ‘priority client’ above). was re-introduced in
Children are not required to meet the means test. The redrafted guideline requires VLA to be satisfied that a ‘parent, or person with parental responsibility who would otherwise make the application is genuinely unwilling or unable to do so’. under the Commonwealth special circumstances or criteria. The exclusion of children from having to meet the means test in family law matters represents a change in eligibility criteria. Table 2 – Non-substantive changes Pre-July 2017 guidelines From 3 July 2017 Reason for change The pre-July 2017 guidelines were not organised in a consistent way, didn’t list all criteria applicable under each guideline, and required lawyers to move between different guidelines. The guidelines are now organised in the following order: Matter type (parenting dispute, child support etc.) Client type (adult or child) Service type (advice and negotiation, family dispute resolution at VLA’s FDRS, or litigation) Each guideline lists every applicable criterion. This minimises the need to move between different guidelines and different parts of the Handbook. The redrafted guidelines will be easier to read and to navigate using the links. Greater clarity and ease of use. Threshold tests of: Forum Substantial issue in dispute Commonwealth merit Contravention of order in last 12 months These tests have been redrafted for clarification and plain language. Links to the applicable tests are provided in each guideline. Greater clarity and ease of use. Introductory section More information is provided. New section on the principles underlying the guidelines. Greater clarity and transparency Assistance for advice and negotiation in parenting disputes (old guideline 1.1) Redrafted for clarity. No significant change, apart from substantive changes to definition of ‘priority client’ (see above). Advice and negotiation funding in parenting disputes was re-introduced in
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