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 in limited circumstances.
(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 person is an parent – the VLA means test and State reasonableness test must also be met. Ongoing satisfaction of these criteria is required.
If person 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 DFFH report, court clinic report, medical reports)
- details of orders sought by the parties
- relevant submissions for a point of law argument
- the lawyer'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 Child protection worksheet for responding to appeals and judicial reviews.
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