Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
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Family law trial practice tools
Acting on a recommendation from the 2015 Family Law Legal Aid Services Review, we have developed a suite of practice tools in consultation with an advisory group of family lawyers.
Acting on a recommendation from the 2015 Family Law Legal Aid Services Review, we developed a suite of practice tools in consultation with an advisory group of family lawyers. These tools are for lawyers doing legally aided work.
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Promotes a strategic approach to litigation at an early opportunity with prompts for evidence analysis and identification of relevant law. Collates key information in one document for ease of reference and the development of the chronology, case outline, and brief to counsel.
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Helps keep litigation on track by listing key tasks and deadlines for procedural steps, such as filing a Notice of risk, or giving notice to cross examine witnesses.
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A tool to assist lawyers to take instructions in applications for spouse maintenance, including determining the threshold requirements of need and capacity to pay.
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Helps lawyers assess the client’s capacity to give instructions with prompts to consider strategies to address incapacity.
These first three tools are still in development. We’re keen to hear your experiences of using the tools and your feedback about how they could be improved. Please contact the Family Law Professional Support Lawyer at ProfessionalSupport@vla.vic.gov.au
Who needs tools?
Whether you’ve just started practicing in family law, or are a seasoned family lawyer running concurrent trials and supervising juniors, the tools are designed to help practitioners:
manage key information about the client and their matter
consider issues of particular relevance in legally aided matters
foster a strategic and systematic approach to litigation preparation
help with file handovers and supervision,
streamline VLA compliance checks and quality audits.
It won’t be a condition of a grant of aid that panel lawyers use the tools. We want to make sure that lawyers who sign up to do legal aid work have access to resources that support their practice.
