The Commonwealth Government’s failure to increase funding for legal aid services through the National Access to Justice Partnership may sound like an issue confined to lawyers, courts and government budgets.
It is not.
It is a decision that will affect families, children and vulnerable Australians across the country, particularly in regional communities such as those throughout North West New South Wales.
The recent announcement from Legal Aid NSW makes it clear that the consequences are no longer theoretical. They are immediate, practical and deeply concerning. Faced with rising costs in Commonwealth jurisdictions, particularly family law matters, Legal Aid NSW has warned that existing funding arrangements are no longer sustainable. Despite extensive advocacy and repeated warnings over the past year, no additional funding was provided in the recent Federal Budget.
As a result, from 1 July 2026, access to legal representation in family law matters will be significantly restricted. In many cases, legal aid assistance will be limited to Aboriginal clients and victim-survivors of domestic and family violence. Further restrictions are expected later this year.
For many ordinary Australians, this means navigating one of the most complex and emotionally challenging legal systems in the country without legal representation.
Family law is not simply about filling out forms or attending court hearings. Parenting disputes, property settlements, contravention proceedings and divorce matters involve complex legal processes, evidentiary requirements and often highly sensitive issues affecting children and families.
For people already experiencing separation, conflict and financial stress, the prospect of self-representation can be overwhelming. Many will struggle to understand their rights and obligations. Some will abandon legitimate claims. Others will incur significant personal debt in an attempt to secure private legal representation.
From the perspective of child advocacy, the consequences are particularly concerning. Children are often the unseen victims when family law disputes become prolonged or unresolved. Delays in proceedings can leave parenting arrangements uncertain for months or years. Ongoing conflict between parents can affect a child’s emotional wellbeing, educational stability and sense of security.
When families cannot access legal assistance, disputes frequently take longer to resolve, and outcomes can become more difficult to achieve.
The proposed restrictions affecting Independent Children’s Lawyers are especially troubling. Independent Children’s Lawyers play a critical role in ensuring that children’s interests remain central in complex family law proceedings. They provide an independent voice focused not on the competing interests of adults but on what is in the best interests of the child.
Reducing access to these services risks weakening one of the most important safeguards within Australia’s family law system. The impact will be felt particularly strongly in regional and rural Australia.
Across North West NSW and many other regional areas, there is already a limited pool of practitioners willing and able to undertake legally aided family law work. Families often face long travel distances, limited-service availability and significant barriers to obtaining specialist legal advice.
The tightening of legal aid eligibility risks creating a growing group of Australians who earn too much to qualify for assistance but nowhere near enough to afford private representation. These are often working families doing their best to navigate difficult circumstances. They should not be locked out of meaningful access to justice because of where they live or the size of their bank account.
The consequences will also extend beyond individual families. When more litigants are forced to represent themselves, court proceedings generally take longer. Judges and court staff must spend more time explaining procedures and managing hearings. Adjournments become more common. Delays increase. The result is greater pressure on already stretched courts and longer waiting times for everyone.
Perhaps the most alarming statement contained in Legal Aid NSW’s advice was this: “As a result of these changes there will be people who miss out on the legal help they need.”
Those words should stop policymakers in their tracks. We are not talking about discretionary services or administrative conveniences. We are talking about parents seeking arrangements for their children, victims seeking protection, families trying to resolve disputes and children whose futures may be shaped by decisions made in family law courts.
Access to justice is a cornerstone of a fair society. It should never become a privilege reserved for those with the financial means to pay for it.
If governments are serious about supporting Australian families and protecting vulnerable children, then properly funding legal aid is not optional—it is essential.
The Commonwealth must urgently revisit these funding arrangements before more families find themselves locked out of a justice system that is supposed to serve everyone.
Because when justice becomes a luxury, it is children who often pay the highest price.
Kevin Carr is a Solicitor, Mediator and Independent Children’s Lawyer, Principal of Carr Legal Group in Tamworth
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