Context/Documents: Filename: Alawe_Nada_Family_Law_Matter-10107313_000_2.pdf
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File ID: 26F009551 ext 0
Please quote this number when you contact us
13 February 2026
Tel: (02) 9219 5000 · Fax: (02) 9219 5935 · NRS: 133 677 · LawAccess NSW: 1300 888 529
Address: 323 Castlereagh Street, Sydney 2000 · PO Box K847, Haymarket NSW 1240
Website: www.legalaid.nsw.gov.au · ABN 81 173 463 438
We have accredited specialists in children`s law, family law and criminal law
Sdc Lawyers Pty Ltd
LEVEL 3
398 CHAPEL RD
BANKSTOWN NSW 2200
Dear Practitioner
Your client:
Mrs Nada Alewe
0452505439
Legal matter:
Live With, Spend Time With, Recovery Order
Court:
Parramatta Federal Circuit Family Court Division 2
LEGAL AID GRANTED
AID EFFECTIVE DATE 13 FEBRUARY 2026
Your client`s application for legal aid received on 13 February 2026 has been granted.
Terms of the grant
Your client has a grant of legal aid for representation in this family law matter. The grant of
legal aid is effective from 13 February 2026. Legal Aid NSW will not pay for any legal
expenses or disbursements incurred before that date. Lawyers` professional fees and
disbursements are paid in accordance with the Legal Aid NSW Fee Scale or where there is
no fee scale for disbursements, as authorised by Legal Aid NSW.
You cannot charge your client or any person for legal work done in this matter on or after 13
February 2026. Doing so would be in breach of section 41 of the Legal Aid Commission Act
1979 (NSW) (the Act).
Approved Matters
Funding has been approved for representation in the proceedings to the conclusion of the
directions hearing, including the hearing of the application for interim relief filed at the same
time. This stage covers but is not limited to:
-
taking instructions for application or response and for affidavits
-
preparing court documents
-
attending to filing and service
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-
all court attendances including directions hearings and mentions
-
preparing and filing consent orders
-
attendance at defended interim hearing
-
drafting a Form 4 notice
The fee payable for preparation and court attendances is an all inclusive lump sum fee. The
fee payable for attendance at the defended interim hearing is based on the actual time spent
calculated at the hourly rate to a maximum of five hours. The fee payable for the drafting of
a Form 4 notice is one hour at the hourly rate.
If aid has been granted for property proceedings, you may claim the additional two hours
property preparation.
Funding has been approved for you to incur reasonable unitemised disbursements.
Funding has been approved to incur commercial agent fees for the purpose of serving
documentation.
Approved Work Items and Fees – summary
Code
Work Item
Units
Type
Price
Invoice Id
PF2
COURT HEARING TIME
5.00 HOUR FIXED
$195.00
11564369
PF2
PREP AND ATTEND
1.00 LUMP SUM FEE
$2145.00
11564369
PF2
PREPARING COURT DOCS
1.00 HOUR FIXED
$195.00
11564369
PF2
PROPERTY PREPARATION
1.00 LUMP SUM FEE
$390.00
11564369
PD01
DISBURSEMENT GENERAL
1.00 MAXIMUM
$100.00
11564369
PD04
COMMERCIAL AGENT
1.00 MAXIMUM
$400.00
11564369
Client contribution
The contribution amount imposed to date in this matter is $75.00 and must be paid by the
due date 15 March 2026.
In most cases Legal Aid NSW will ask clients to contribute to the costs of the legal services
we fund. We may:
impose an initial contribution when we grant aid
impose a further contribution later if the client’s financial circumstances improve, and
impose a final contribution when the grant is completed. In some cases this may be
equal to the total costs of the matter.
Where your client is required to pay a contribution, your client must pay any outstanding
contribution directly to you and Legal Aid NSW will deduct this amount from your invoice.
If you are an inhouse lawyer you must ensure your client is aware of the due date 15 March
2026 for the contribution and that your client has read the contribution information sheet and
understands the available options for paying the contribution amount.
Where your client recovers or receives money and/or recovers or retains property, you must
inform us and take steps to secure the financial position of Legal Aid NSW. This may
include proactively seeking a costs order or ensuring that the distribution of any settlement
monies takes into account your client’s obligation to pay a contribution under s 46 of the Act.
You must also report this information in the file outcome.
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Requests for further funding
If further funding is required you will need to submit an extension request in Grants Online.
Requests for further funding are not approved automatically but are separately assessed on
the information provided with the request.
Your client’s obligations
Your client must comply with any conditions of this grant including paying any contribution
amount imposed. Your client must co-operate with you and with Legal Aid NSW.
You and your client must tell Legal Aid NSW about:
anything relevant to your client`s grant of legal aid
anything which may affect your client’s ongoing eligibility for legal aid, in particular
any change to your client`s financial situation, and
any changes to your client’s circumstances or contact details.
Your client must comply with these obligations. A failure to comply could result in the grant
of legal aid being terminated.
Changes to your client’s details can be made in Grants Online using the Client Update
function.
Changing lawyers
A transfer request can be made to a new or nominated lawyer only under exceptional
circumstances, which include:
A conflict of interest
When the lawyer is or becomes unavailable
Where Legal Aid NSW determines there has been a breakdown in the relationship
between you and your client
Where Legal Aid NSW decide that changing lawyers is an appropriate use of
resources
In situations where the transfer request is refused, you are required to continue to act for the
client.
Your client must comply with these obligations. A failure to comply could result in the grant of
legal aid being terminated.
Notify other parties
In all matters other than criminal law proceedings, you must promptly notify the other parties
that your client has a grant of legal aid. The notice must be in writing and must refer to
section 47 of the Act and the liability for costs ordered against legally aided persons.
If section 47 is relevant to this matter please talk to your client about the impact of this
section. For example, if your client has civil or family law proceedings they may be liable for
some or all of an adverse costs order particularly where proceedings are in the Federal
jurisdiction.
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Appeal rights
Your client may have a right of appeal to the Legal Aid Review Panel (LARP) against a
condition of this grant. An appeal must be lodged within 21 days of the date your client
receives notification of the condition.
You can lodge an appeal to LARP through the Review (LARP Appeal) function in Grants
Online.
Note: There is no right of appeal to LARP:
where your client has not satisfied the Means Test in a Local Court criminal law
matter
against a contribution imposed in a Local Court criminal law matter
against a decision by Legal Aid NSW to nominate a particular lawyer to represent
your client, or
against the approved scope of funding.
Your invoice
Proforma invoices for this grant can be accessed in Grants Online.
You should submit your invoices for payment when the work item is completed or the matter
concluded. All fees stated are exclusive of GST.
Proforma invoices for counsel`s fees should be reassigned in Grants Online to the barrister,
to enable the barrister to claim his or her fees directly from Legal Aid NSW.
You should be aware that your claims and this file are subject to audit by Legal Aid NSW.
You must certify in your invoice/s that your claim/s are correct.
Further information
It is your responsibility to be aware of the legislation, policies and practice standards which
apply to this grant.
Notification of this grant has been sent to your client.
Yours sincerely
Grants Administration
Legal Aid NSW
To contact Grants Administration, go to Grants Online and click on Submit Correspondence.
Phone
(02) 9219 5880
Fax
(02) 9219 5536
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Please review this and mainly provide me with details and what to do regarding recovery. The client if I heard her well spoke about recovery. I think it is in respect of custody. They want a quick court date. How do i go about all these? Please check your facts and cross check laws before responding.
Question:
Please review this and mainly provide me with details and what to do regarding recovery. The client if I heard her well spoke about recovery. I think it is in respect of custody. They want a quick court date. How do i go about all these? Please check your facts and cross check laws before responding.
Please review this and mainly provide me with details and what to do regarding recovery. The client if I heard her well spoke about recovery. I think it is in respect of custody. They want a quick court date. How do i go about all these? Please check your facts and cross check laws before responding.
# Legal Aid Grant Review - Recovery Order Application
## Overview of the Grant
Based on my review of the Legal Aid NSW grant letter dated 13 February 2026, your client Mrs Nada Alewe has been granted legal aid for a family law matter involving:
- **Live With** orders
- **Spend Time With** orders
- **Recovery Order**
- Court: Parramatta Federal Circuit and Family Court of Australia (Division 2)
## Recovery Order - Key Information
### What is a Recovery Order?
Under **section 67Q of the Family Law Act 1975 (Cth)**, a recovery order is a court order that:
- Requires the return of a child to a parent, person or place
- Authorises the Australian Federal Police or State/Territory police to find, recover and deliver a child
- Prohibits a person from removing the child from the care of a specified person
- Provides other directions about a child's day-to-day care
### Urgent Court Date - Your Options
Given your client's desire for a quick court date regarding the recovery order, you have several pathways:
#### 1. **Ex Parte Application (Most Urgent)**
- File an **urgent ex parte application** under r 6.08 of the Family Law Rules 2021
- Can be heard same day or within 24-48 hours
- Must demonstrate:
- Immediate risk to child's welfare
- Risk of child being removed from jurisdiction
- Other exceptional circumstances
#### 2. **Urgent Application on Notice**
- File application with affidavit marked "URGENT"
- Request abridged time for service under r 6.04
- Typically heard within 3-7 days
- Must establish urgency in supporting affidavit
#### 3. **Interim Hearing**
- Your grant already covers "hearing of the application for interim relief"
- File Form 2 (Initiating Application) or Form 3 (Response) as applicable
- File supporting affidavit with evidence of:
- Current parenting arrangements
- Reasons child needs to be recovered
- Any safety concerns
- Previous court orders (if any)
## Immediate Action Steps
### 1. **Gather Critical Information**
Obtain from your client:
- Current location of child (if known)
- Who currently has the child
- Any existing parenting orders or agreements
- Evidence of risk or urgency
- Police reports (if any)
- School enrollment details
- Medical records showing primary care
### 2. **Prepare Court Documents**
Your grant covers preparation of:
- Initiating application (Form 1 or Form 2)
- Affidavit in support
- Notice of Risk (Form 4) if family violence/abuse concerns exist
### 3. **File and Serve**
- File electronically via Commonwealth Courts Portal
- Arrange urgent service via commercial agent (funded up to $400)
- Consider requesting dispensation with service if ex parte
### 4. **Court Attendance**
- Contact Parramatta Registry: (02) 9840 4000
- Request urgent listing when filing
- Prepare oral submissions on urgency
- Your grant covers up to 5 hours court time
## Legal Framework for Recovery Orders
### Threshold Test (s 67Q)
The court must be satisfied that:
1. A parenting order is in force; OR
2. Proceedings for a parenting order are pending; AND
3. There are reasonable grounds to believe a person has:
- Removed the child from care contrary to order
- Refused/failed to deliver child as required
- Detained or will detain the child
### Key Cases
- **Hoghton & Hoghton [2019] FamCA 876** - urgency requirements
- **Sampson & Hartnett (No 10) [2007] FamCA 1365** - recovery order principles
- **DP v JLM [1982] FamCA 39** - ex parte considerations
## Funding Coverage
Your Legal Aid grant covers:
- **Preparation and attendance**: $2,145 (lump sum)
- **Court hearing time**: Up to 5 hours @ $195/hour
- **Document preparation**: 1 hour @ $195
- **Form 4 Notice**: 1 hour @ $195
- **Service costs**: Up to $400
- **General disbursements**: Up to $100
## Important Considerations
### 1. **Section 47 Notice**
You must notify the other party in writing that your client has legal aid, referencing liability for costs under s 47 of the Legal Aid Commission Act 1979 (NSW).
### 2. **Client Contribution**
Your client must pay $75 by 15 March 2026. Ensure this is collected.
### 3. **Extension Requests**
If matter extends beyond interim hearing, submit extension request via Grants Online before current grant expires.
### 4. **Compliance Requirements**
- Cannot charge client for work after 13 February 2026
- Must use Legal Aid fee scales
- Subject to Legal Aid NSW audit
## Recommended Immediate Actions
1. **Today**: Contact client for comprehensive instructions on child's whereabouts and urgency factors
2. **Within 24 hours**: Prepare and file urgent application with supporting affidavit
3. **Upon filing**: Contact registry for urgent listing
4. **Before hearing**: Serve documents (or seek dispensation)
5. **At hearing**: Seek interim recovery order and directions for final hearing
## Disclaimer
This analysis is for general informational purposes only and does not constitute formal legal advice. Each family law matter has unique circumstances requiring specific consideration. Please ensure all actions comply with current Family Law Act provisions and Federal Circuit and Family Court Rules.
Would you like me to elaborate on any specific aspect of the recovery order process or the procedural requirements for obtaining an urgent hearing?
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