Family Dispute Resolution now available for small property cases.

The Legal Services Commission is trialling a programme under the Women’s Economic Security Package to assist families to resolve small property cases via dispute resolution services and where possible, out of court.

If the net total value of your property asset pool is $500,000 or less (excluding superannuation) and if you do not currently qualify for a grant of legal aid under the existing Legal Services Commission guidelines, then you are able to access this programme.

You must still make an Application for Legal Aid online (at https://lsc.sa.gov.au/cb_pages/applyonline.php) and provide the required documents for merit testing, however the Legal Services Commission will also consider the following criteria:

1. a party has experienced family violence, including financial abuse, or
2. a party has cultural factors or has experienced social isolation that may impact upon their capacity to negotiate effectively, or
3. a party has a history of mental health issues, intellectual, physical or cognitive impairment that impacts on their ability to negotiate without legal representation, or
4. a party is homeless or at risk of homelessness, or
5. a party is unable to obtain private legal representation.

The pilot programme is currently limited to 100 cases and runs until June 2022.

If agreement is reached, written Orders will be drafted and Orders for property settlement made in Court.  In some cases, we will also assist you with applications for property Orders in the Federal Circuit Court.

When you apply for Legal Aid you can nominate Adelta Legal as your preferred solicitor so that we can be assigned to act for you.

Matilda Redman-Lloyd, Adelta Legal

This article is for information purposes only.  It is not intended to constitute legal advice.  Readers should seek legal advice before acting in reliance upon any of the information contained herein