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SA Legal Aid SA Pending Approval - Can the Court Make Orders?

Discussion in 'Family Law Forum' started by brenton evers, 5 December 2014.

  1. brenton evers

    brenton evers Active Member

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    Hi. Can the family court proceed with issuing an order of return against me before my Legal Aid SA funding is approved and I'm represented by a Legal Aid lawyer? My ex already has a family lawyer.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Just to clarify, you're asking if the court will make a relocation order before you have adequate representation? Is this for the return of children?
     
  3. Sophea

    Sophea Well-Known Member

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    Hi Brenton,

    Legal Aid usually gives priority to urgent matters, so if it determines that your matter is urgent having regard to:
    • the child's safety or welfare
    • immediate risk of removal of a child from Australia or to a remote geographic region within Australia
    • a need to preserve matrimonial property, or
    • other exceptional circumstances exist that require urgent legal assistance,
    Then your matter will be attended to as a matter priority.

    However if for example your legal aid is held up such as in the case where you have to appeal to the Legal Aid Review Committee, you can apply for an adjournment of the proceedings pending the hearing of the appeal. There are certain circumstances in which the court or tribunal is required to adjourn (or hold) the proceedings. I would speak to legal aid about getting an adjournment so that the orders are not made before you have been able to obtain representation.
     
    Sarah J likes this.

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