Notes on Guideline 7 – judicial review of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal decision

Notes on Guideline 7 – judicial review of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal decision

Guideline 7 – judicial review of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal decision

Victoria Legal Aid (VLA) will generally provide a grant of assistance for a person to respond to an application for judicial review, where the person was in receipt of a grant of assistance in the original proceedings and there are reasonable prospects that the original decision will be upheld.

(a) Guideline guidance notes

Victoria Legal Aid (VLA) will generally provide assistance to respond to an application for judicial review where the person was legally aided for the original proceedings and there are reasonable prospects that the original decision will be upheld.

(b) Other eligibility criteria

If applicant is an parent – the VLA means test and State reasonableness test must also be met. Ongoing satisfaction of these criteria is required.

If applicant is a child – the VLA means test does not apply. The State reasonableness test should be assessed as satisfied.

(c) Grants assessment process

An application for a grant of legal assistance to respond to a judicial review of the Children’s Court (Family Division), County Court or Victorian Civil and Administrative Tribunal decision can be lodged via the ATLAS simplified grants ‘new application’ template. Note:

  • in the ATLAS ‘Matters’ screen, select the ‘Matter Group’ as ‘Children’s Court (Family Division)’, notwithstanding that the review will be held in another court
  • in the ‘Court Hearings’ screen:
    • ‘Are there any court proceedings’ – select 'Yes – Current'
    • ‘Which court/tribunal do you have to go to?’ – select 'Supreme Court'
    • 'Type of orders sought’ – select ‘Final Orders’.

(d) Documentary requirements

The ATLAS application should include or attach (as applicable):

  • an explanation of the basis on which guideline 7, and the State reasonableness test, are met
  • judicial review documentation filed with the court (proof of matter)
  • final order from original proceeding
  • any relevant reports (eg most recent Department of Health and Human Services report, court clinic report, medical reports)
  • details of orders sought by the parties
  • relevant submissions for a point of law argument
  • the practitioner’s file should also contain all other relevant notes, supporting evidence and documents as identified in the documentary requirements section.

Lawyers are also encouraged to complete a State family worksheet for responding to appeals and judicial reviews.