Fees payable under the Family Violence and Cross-Examination Scheme

Where a lawyer is in receipt of assistance under the Family Violence and Cross-Examination of Parties Scheme in the Federal Circuit and Family Court of Australia (FCFCOA), the fees payable are outlined on this page and in accordance with Victoria Legal Aid's (VLA’s) fees as contained in Fee Table 4. The fees outlined in these tables should be read in conjunction with Fees – entitlements and conditions.

Fees payable under the scheme

Stage 2G – interim contested hearing

Stage 2H – litigation intervention FDRS

Stage 2L – transfer fee

Under a stage 2L grant, fees are available (where applicable) where a practitioner accepts a transfer of a Commonwealth family law or child support litigation file.

Entitlements and conditions

• The stage 2L fee is a lump sum grant and covers:
  • reviewing a file
  • taking instructions and communications
  • preparing documents
  • attending to filing and service
• The matter must have reached the litigation stage to claim this fee, and this fee is not available for pre-litigation file transfers (i.e. prior to proceedings being issued).

Stage 3A – preparation and first day of trial, FCFCOA (Division 1) (parenting matters)

Stage 3C – further preparation and continuation of trial, FCFCOA (Division 1)

Stage 3D – preparation for trial, FCFCOA (Division 2)

Stage 3E – additional preparation, FCFCOA (Division 2)

Stage 4 – trial appearances

Procedural appearances

*The fee to attend court to inspect subpoenaed documents is payable per attendance, not per document. Lawyers are expected to minimise the need for multiple attendances to inspect documents. This is because the inspection of documents is considered to be preparation for trial and should primarily be covered by the 3A lump sum fees.

Stage 5 – appeal to a single judge

Stage 5 – appeal to the full court

Daily circuit fees

Disbursements

VLA will reimburse the following disbursements:

• any court fees required to be paid by a legally assisted person
• interpreters' fees
• service fees
• disbursements which have prior written approval of VLA.

In exceptional circumstances, VLA may consider providing assistance for other disbursements in accordance with Table Q – Expert reports and court attendances in family law matters.