Legal Aid NSW has made the difficult decision to tighten eligibility for family law representation services following the recent outcome of the federal budget.
Executive Director, Family Law, Katie Kelso said yesterday’s federal budget did not provide the funding needed to maintain current levels of service delivery.
“Pressure on Legal Aid NSW’s funding has reached crisis levels. We are facing unprecedented demand for our services with family law advice services growing 30 per cent in the last three years.”
From 1 July 2026, eligibility for parenting and property proceedings will be strictly limited to domestic violence victims and Aboriginal people. There will be further changes that come into effect before the end of the year, including changes that will mean Independent Children’s Lawyers only appear in final hearings where one or both parties are self-represented.
“Under the National Access to Justice Partnership (NAJP), Legal Aid NSW has not been given the funding needed for us to maintain service levels. As a government agency, Legal Aid NSW has limited resources and we must now make difficult choices about how those resources are used”, Ms Kelso said.
Tightened eligibility will mean other vulnerable groups such as people struggling with mental illness, people with disability, non-English speakers and others who would find it difficult to participate in family law proceedings without legal representation may miss out.
“Legal Aid NSW acknowledges these changes will affect many people who require legal support. The changes are aimed at prioritising legal help for people experiencing the most serious disadvantage. This decision reflects a difficult balance between growing, unsustainable demand and limited resources,” she said.
“We are strongly committed to continuing our important role in the justice system: to provide legal services to ensure fair and just outcomes for people in NSW. We would like to be able to extend this to as many people who need our services as we can.
“Legal Aid NSW will continue to advocate for sustainable funding levels, and changes will be reconsidered if funding becomes available.”
CEO Monique Hitter and Legal Aid NSW Director, Family Law, Katie Kelso are available for interview.
Contact details:
Media contact | Georgia Clark | 0438 606 092 | [email protected]
