Who offers what
| Service | What it offers | How to reach it |
|---|---|---|
| Legal Aid Queensland, Legal Information Line | It may give general legal information, and will tell you about Legal Aid Queensland’s services. It will arrange a legal advice session with a lawyer if the problem is more serious and you meet its eligibility criteria. It cannot give legal advice by email. | 1300 65 11 88, Monday to Friday, 8.30 am to 4.30 pm (AEST), excluding public holidays |
| Aboriginal and Torres Strait Islander Information Line | Legal Aid Queensland’s free legal information line for Aboriginal and Torres Strait Islander people. | 1300 65 01 43 |
| Family law duty lawyer at the Brisbane court | A free lawyer on your court date if you do not have one. They may give advice, help fill out court forms, discuss eligibility for legal aid, and possibly represent you in court on the day, but not for your ongoing case. | At the registry, Legal Aid Queensland is on level 1, Monday to Friday, 9.30 am to 4 pm, for people whose matters are listed that day. |
| Family Advocacy and Support Service (FASS) | Free legal help and support at court for people experiencing family violence who have a family law issue, including help with property after separation. | 1300 267 762, or in person at the Brisbane family courts, 119 North Quay |
| Community legal centres | Free and confidential legal advice and support, according to Community Legal Centres Queensland, which describes itself as the peak body for “32 independent, community-based legal services” across Queensland. | The Find a CLC page on its site searches for centres by location |
| Court staff | Help with court forms and the court process, but not legal advice. | The court’s Brisbane registry page |
The court’s own advice is to get legal advice even if you decide not to have a lawyer represent you, and it says free or low-cost legal help may be available. It names three places to get advice: a legal aid office, a community legal centre or a private law firm.
What Legal Aid Queensland can help with
Under “Relationships and children”, Legal Aid Queensland lists parenting arrangements, relationship issues, property settlement, family dispute resolution, domestic and family violence, child support and maintenance, and child protection matters as problems it may be able to help with, depending on your situation.
On property, it says it cannot tell you how much property you may receive in a settlement, or draft, sign or witness documents, but it may give legal advice on property and financial agreements.
A grant of legal aid
Advice is one thing; having a lawyer represent you through the whole case is another. For that you need a grant of legal aid, and Legal Aid Queensland says you should get legal advice before you apply. To get a grant, you must:
- be financially eligible under its means test
- have a legal problem that meets its guidelines, which are based on priorities set by government
- meet its merits test.
You can apply either directly to Legal Aid Queensland or through a private lawyer who takes on legal aid work. Two things are easy to miss. A grant does not cover court filing fees: Legal Aid Queensland says you, not Legal Aid, remain responsible for them. And in family law cases, people usually pay their own legal costs and court fees, although the court can sometimes order one side to pay the other’s costs.
The court’s fees can be reduced or waived for some people, such as holders of certain government concession cards or people experiencing financial hardship. Current fees are in property settlement basics.
A property mediation program
Legal Aid Queensland also runs a lawyer-assisted mediation and arbitration service for less complex property disputes. It is for disputes with a net equity between $20,000 and $500,000, excluding superannuation, where the legally aided person’s claim is at most $250,000, at least one party is represented by Legal Aid Queensland and both parties have legal representation. Disputes involving business or commercial ventures, trusts or negative equity are not eligible. The details are on its program page.
If you are not eligible for legal aid
Legal Aid Queensland suggests finding a private family lawyer if you need representation and are not eligible. It notes that some lawyers will help with parts of a case, such as drafting court documents, for people who cannot afford full representation, and it points to the Queensland Law Society’s Register of Solicitors.
For Aboriginal and Torres Strait Islander people, Legal Aid Queensland also lists the Aboriginal and Torres Strait Islander Legal Service (Qld), which provides legal services in criminal, civil and family law matters.
On the day you go to court
- Before the day
Ask about a duty lawyer
Legal Aid Queensland suggests contacting it before you go to court to find out whether you can see a duty lawyer.
- When the court opens
Arrive early
If a duty lawyer can see you, it is best to arrive when the court opens, as it may be busy and you may have to wait. Ask the court staff whether there is a duty lawyer.
- If you need one
An interpreter
Legal Aid Queensland says the court will organise an interpreter, and that it is best to let the court know before your court date.
For people affected by family violence, FASS is the service built for the court day. See family violence and safety at court, and for the day itself, what happens at a first court event.