There is no denying that Family Law proceedings are expensive. This cost creates a significant socio-economic gap between those who can comfortably afford to pay for a solicitor, and those who are eligible for Legal Aid.
According to the 2021 census, the median weekly household income for Mackay residents is $1,853. When we take into consideration weekly household expenses and the effect of inflation, this income does not leave much spare to put towards legal fees.
The Australian government has attempted to combat this socio-economic gap with the implementation of Legal Aid. Legal Aid, however, has limited resources because of restricted funding. Accordingly, there is a strict two-part test to determine if a person qualifies for funding.
The first test is a ‘means test’ which considers the applicant’s income, assets, and if they receive financial support from another person. Typically, if you receive full Centrelink benefits and do not have any significant assets you may qualify for Legal Aid funding. The second test is the ‘merits test’ which considers if the particular facts of your matter qualifies for funding.
Statewide Family Law is part of the Legal Aid panel which means that our office can assist clients in lodging Legal Aid applications, and also representing them under Legal Aid funding.
We are often, however, met with clients who are not eligible for Legal Aid funding but are not earning enough to meet our private costs. This is where people fall into the socio-economic gap of available representation.
Some services we offer to overcome this gap are as follows:
1. Payment plans:
When starting a new matter, we will ask for a client to pay an upfront fee to cover the expected costs of our services in for a foreseeable period of time. When we have a client who is struggling financially, we may discuss whether the client would benefit from entering into a payment plan on a weekly or monthly basis.
2. Paying your bill with the proceeds of the sale of the matrimonial home.
Where a client has an asset, in particular a property, that is to be sold in the proceedings, we can often offer for the client to pay our legal fees at the conclusion of the matter when the asset is sold.
If the client is still not able to meet our costs, we will refer them on to the Mackay Regional Community Legal Centre (‘MRCLC’) which offers free legal advice. MRCLC will not represent you in Court for Family Law matters, however, will assist you with drafting Court documents and provide advice on the proceedings.
If you have any questions regarding how we may assist you with your family law matter in a financially difficult time, please give Grace a call on (07) 4963 0800.
Or to read more from Statewide family Law click here
