Dual-Party Lending – now funding both parties
At JustFund, our mission is to transform access to justice for individuals navigating a divorce or separation by removing the financial barriers that prevent people from resolving their legal matters fairly and safely. We believe that no one should be forced to stay in a harmful situation, accept an unfair outcome, or self-represent simply because they can’t afford legal fees.
In line with our mission, we are introducing “Dual-Party” funding to provide PartnerPlus+ law firms with a more flexible, consistent, and enhanced way to provide funding to their clients. This new model enables JustFund to support more individuals, including both parties involved in a separation, and eliminates one of the major barriers to clients receiving funding without risk to confidentiality, reputation, or compliance.
Our overarching goal is to strengthen access to justice, improve client outcomes, and set a new benchmark for fairness and innovation in family law funding.
How this helps Partner Plus+ Firms
Improved client outcomes: Both parties in a family law matter can now access funding to obtain or maintain legal representation, regardless of who applies first.
Fewer declines and frustrations: Previously, one party would often be declined due to a conflict if the other had already been funded. This model allows both to be supported under strict protocols.
Greater referral confidence: Lawyers can refer either party at a time that is right for their clients without worrying that their counterpart’s involvement will block funding.
Enhanced professional reputation: Firms that offer clients a viable path to funding for both parties demonstrate thoughtfulness, fairness, and access-to-justice values.
How will it work?
To deliver a funding solution in line with best practice and industry feedback, JustFund has determined that it will establish a new entity (The LegalAccess Fund) to provide funding for both sides and to most effectively operationalise effective conflict management.
The LegalAccess Fund will have a dedicated purpose to provide funding in circumstances where JustFund may not be able to do so, including where JustFund is already providing funding to an applicant’s former partner.
The LegalAccess Fund will be resourced, funded and managed as a separate entity, with the lending systems and procedures of LegalAccess Fund strictly ring-fenced from JustFund’s existing lending systems and procedures. The LegalAccess Fund will have its own dedicated staff, website, bank accounts, phone lines and email addresses.
The Process:
Apply with JustFund
- All funding applications will continue to be submitted to JustFund.
- JustFund remains the sole point of contact for funding applications
Assessment By JustFund
- Each application is assessed by JustFund subject to strict information barriers.
- Assessment of each application is completed by an individual family lawyer in-house who has not assessed an application from the applicant’s former partner. The same family lawyer will never assess both sides of a legal matter.
Approval & Referral
- If an application is eligible for approval and JustFund is already funding or considering for funding, the applicant’s former partner, JustFund will notify the applicant and their lawyer that the application is eligible for funding via our sister company, the LegalAccess Fund Pty Ltd.
- With the client’s consent, the client’s file will then be transferred to the LegalAccess Fund for funding and loan management.
Funding By LegalAccess Fund
- The LegalAccess Fund will confirm funding approval and issue a funding agreement and irrevocable letter of instruction.
- The LegalAccess Fund will administer the funding agreement – liaising with clients and their law firm, collecting case updates, and overseeing the settlement/repayment process. The LegalAccess Fund will remain the point of contact for the client and lawyer in relation to the matter.
Why this structure?
We recognise the proposed structure means that family lawyers may need to communicate with a separate entity if and when a client is funded by the LegalAccess Fund. We hope the potential inconvenience of dealing with this new entity will be understood as a necessary result of our efforts to deliver a solution for your clients that ensures the highest standards of integrity in providing support to both sides of a separation.
