3F. Accessing legal services

Legal Aid has a Domestic Violence unit based in Perth to help women experiencing domestic violence, applying for FVROs and other related matters. This unit can help you understand the family law system and your rights and responsibilities. Legal Aid is available to everyone, regardless of their financial position. For a good resource for the family law system, see Legal Aid When Separating.

Family Court Services is a free Legal Aid WA Duty Lawyer service to assist people who require urgent assistance with family law and domestic violence. Although a Duty Lawyer service is available to everyone, priority is given to parenting matters, people appearing in court that day, and those with urgent or high risk matters.

This service has recently expanded to include onsite Family Advocacy and Support Services (FASS). This expansion is designed to assist families experiencing family violence as victims or alleged perpetrators. These services are available at:

• the Family Court of Western Australia building in Perth, on any business day
• Magistrates Court buildings in Geraldton, Kalgoorlie, Broome, Albany and Bunbury when the Family Court is from Monday to Wednesday – For details of when the Family Court is sitting in regional courts, see Family court country circuit locations

The services of Duty Lawyers are available to anyone; however, priority is usually given to people appearing in court that day and those with urgent or high-risk matters. The Duty Lawyer service is a walk-in service, meaning that you cannot make an appointment, and capacity to assist depends on how many people need help that day.

During the weeks that the Duty Lawyer service in regional areas, they can also offer limited afternoon appointments to sit down and meet with you outside the Court. These appointments can be booked through the local Legal Aid office in the relevant regional town.

The Family Court Services/duty lawyer service can help with:

• legal advice and information about family law, family violence restraining orders and child protection
• adjournment applications
• one-off appearances for short matters
• procedural advice and information
• negotiating with the other party or their lawyer
• preparing a Minute of Consent Orders in limited circumstances
• document preparation is some urgent cases, such as urgent recovery orders and urgent property injunctions
• applying for a Grant of Aid
• counselling and safety planning and
• referrals to other legal and non-legal services, including counselling services

A duty lawyer cannot help with:

• representation at an interim or final hearing
• appearances for long or complex matters
• ongoing legal assistance

For more information, see Family Court or Legal Aid.

You may be eligible for a Grant of Aid which means that Legal Aid will appoint a lawyer to act on your behalf. A Grant of Aid is subject to strict means and merit testing and you may not receive a Grant of Aid for the entirety of your Court proceedings. For more information, see Legal Aid – Get a lawyer to run your case.

You are still eligible for a Grant of Aid, irrespective of whether your former partner has previously been given a Grant of Aid or received assistance from Legal Aid.

Information about the Duty Lawyer Service, including FASS and applying for a Grant of Aid, can be found by calling the Legal Aid Info Line on 1300 650 579. For contact information for legal aid in Perth and rural and regional areas, see Legal Aid.

For further information about getting legal help with domestic and family violence matters, see Family Violence Law Help.

Community legal centres (CLCs) are not-for-profit organisations independent of the government. They provide free or low-cost services to their communities. CLCs primarily provide services for people who are ineligible for legal aid and cannot afford a private lawyer.

For a list of CLCs in Perth and rural and remote areas of WA, including contact details, see Community Legal WA.

Some CLCs have eligibility requirements – check when contacting the centre. Some CLCs can only assist with specific areas of law and will not usually represent you in Court. You can contact a CLC without a referral.

• Aboriginal Family Legal Service for victims-survivors of family violence and/or sexual assault who are Aboriginal or Torres Strait Islander peoples or whose partner or children are Aboriginal or Torres Strait Islander peoples
• Circle Green (formally Tenancy WA and the Humanitarian Group): advice on residential tenancy matters and limited visa/migration issues
• Consumer Credit Legal Service (WA): assistance with credit code, general banking, financial and personal debt disputes
• Fremantle Community Legal Centre: advice on restraining orders; family law matters and tenancy (tenants only)
• Gosnells Community Legal Centre: family law, domestic violence and tenancy advice
• Marninwarntikura Fitzroy Women’s Resource Centre: family violence prevention, family law, restraining orders, legal education and family safety and support
• Midland Information, Debt and Legal Advocacy Service (Midlas): tenancy, domestic violence and family law support
• Northern Suburbs Community Legal Centre: family law and tenancy advice
• Peel Community Legal Services: family law and domestic and family violence support (for people living in the Peel region)
• Scales Community Legal Centre: family and domestic violence and tenancy advice (for people living in the Rockingham and Kwinana area)
• Southern Aboriginal Corporation Family Violence Prevention Legal Service for
  Aboriginal adults and children in the South West and Great Southern regions of Western Australia who are victims of family violence and/or sexual assault.Advice includes: family and domestic violence, family law (children’s issues) and violence restraining orders
• Women’s Legal Service WA: advice on family law, violence restraining orders, and protection and care (child protection) matters. The Women’s Legal Service also incorporates Djinda Services, a specialist Perth Aboriginal Family Violence Prevention Legal Service run in partnership with Relationships Australia

• Aboriginal Family Legal Service for victims-survivors of family violence and/or sexual assault who are Aboriginal or Torres Strait Islander peoples or whose partner or children are Aboriginal or Torres Strait Islander peoples
• Albany Community Legal Centre: advice on family and tenancy law, divorce/separation and restraining orders
• Consumer Credit Legal Service (WA): advice on credit code, general banking, financial and personal debt disputes
• Goldfields Community Legal Centre: assistance with family and tenancy law, divorce/separation, property settlement (advice only) and restraining orders
• Kimberley Community Legal Service: advice on tenancy, Centrelink, and family violence
• Pilbara Community Legal Service: assistance with family law, tenancy, domestic violence and financial counselling
• Regional Alliance West: assistance with family and tenancy law, divorce/separation and restraining orders
• South West Community Legal Centre, including the Domestic Violence Legal Service: assistance with family law and restraining orders
• Wheatbelt Community Legal Centre: advice on family law and tenancy advocacy

If you are staying in a refuge, ask the refuge staff whether they have contact with Legal Aid or other agencies to assist you in obtaining legal advice.

For more information on support services, see Act Now.

If a private lawyer is within budget, the Law Society of Western Australia has a list of accredited Family Law specialists who assist with family law matters and restraining orders.

The Family Law Practitioners’ Association also provides a list of lawyers who undertake family law work. Some lawyers may be willing to act for you on pay at the end (“deferred fee basis”) or for a free (“pro-bono”) basis. You need to ask this when you speak to the individual lawyer.

Law Access also provides services with deferred fee options and pro-bono advice. They assess legal matters and try to match you with a lawyer to assist you on a deferred fee or pro-bono basis. Law Access prioritises applicants with exceptional circumstances.

Legal Aid has also developed some self-help online programmes, including information on how to represent yourself at a restraining order hearing. The duty lawyer service at the Family Court can also give you ad hoc guidance along the way. For more information about representing yourself, see Legal Aid.