The Queensland Law Society says last night’s Federal Budget has failed to address the growing gap between people who urgently need legal help and the services available to support them.
Across Queensland, people facing serious legal problems including domestic and family violence and family breakdown, are struggling to access timely legal assistance, and in some cases are being turned away.
QLS President Peter Jolly said the impact was being felt most by people already doing it tough.
“Right now, people in crisis are being told there’s no legal help available, not because they don’t need it, but because the system doesn’t have the funding to respond,” Mr Jolly said.
QLS Access to Justice Pro Bono Committee Chair Elizabeth Shearer said delays in accessing legal help were putting victim-survivors at risk.
“For someone leaving a violent relationship, days and weeks matter. When legal help is delayed or unavailable, people are left unsafe and alone,” Ms Shearer said.
Ms Shearer said the current system placed too much responsibility on people to manage serious legal and safety issues without support, including navigating court processes, understanding their rights, and responding to contested matters.
“Parents are trying to protect their children without legal advice, simply because they can’t get through the door of the system,” she said.
In regional Queensland, the situation is even more stark with the system was increasingly failing those who needed it most.
“In some communities, if Legal Aid can’t help, there is nowhere else to turn,” she said.
“We are asking people to navigate complex and often unsafe situations on their own, simply because they can’t access legal help in time.”
Townsville Senior Associate at Connolly Suthers Lawyers Mathai Joshi said frontline domestic and family violence legal services were being stretched beyond capacity.
“From a regional perspective, we are seeing victim‑survivors turning up to court without timely, face‑to‑face legal support simply because the funding isn’t there,” Mr Joshi, a Member of the QLS Access to Justice and Pro-Bono Committee, said.
“When duty lawyer services are reduced or pushed to telephone appearances, it directly undermines access to justice for people at their most vulnerable.”
The QLS President said waiting periods of many weeks for Legal Aid assistance were not uncommon, even where there were real and immediate risks involved.
“Waiting months for legal help in a crisis is not acceptable. That is time people spend at risk,” Mr Jolly said.
He also expressed concern that when one party could afford ongoing legal representation and the other could not, the system became unfair and outcomes suffered.
“Access to justice shouldn’t depend on where you live, how much money you have, or whether you can afford to wait.”
What Queensland Law Society is calling for
QLS is calling on the Federal Government to work with states and territories to properly fund Legal Aid and related services, so they are available when people need them, not after harm has escalated.
Specifically, QLS is calling for:
- Sustainable funding for Legal Aid services to meet real demand;
- Faster access to legal help in domestic and family violence matters;
- Less reliance on delays and thresholds that leave people unsupported during periods of risk; and
- Recognition that legal assistance is essential community infrastructure, just like health and education
“Legal help is not a privilege; it is a basic service that keeps people safe and helps the justice system work properly,” Mr Jolly said.
“We talk a lot about building roads and infrastructure, but legal help is also essential infrastructure. Without it, people fall through the cracks.
“When federal and state funding does not keep pace with demand, the result is the same for the community, people go without legal help when they need it most.”
Law Council of Australia President Tania Wolff said the limited justice announcements in the 2026–27 Budget fell well short of what was needed.
They include:
- $74.2 million over four years from 2026–27 to the Federal Court of Australia and the Federal Circuit and Family Court of Australia in relation to the protection visa system;
- Related to this measure, $3.9 million over four years from 2026–27 to establish a pre-filing duty lawyer pilot;
- $14.7 million over two years from 2026–27 to extend supplementary funding for the NDIS Appeals program administered by legal aid commissions;
- $10.8 million over four years from 2026–27 (and $2.7 million per year ongoing) in additional resourcing for the Australian Law Reform Commission;
- $11.7 million to legal aid commissions over the first six months of 2026–27 to continue the Family Violence and Cross Examination of Parties Scheme.
“These measures do not address the structural funding crisis facing legal assistance services across Australia,” Ms Wolff said.
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