Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
Independent children’s lawyer proceedings – Federal Magistrates Court
The lump sum fees for independent children's lawyer proceedings in the Federal Magistrates Court are detailed in the sections below.
This fee schedule is effective from 1 August 2012. For fee schedules prior this, see Archived versions of the Handbook.
Index
- Stage 1 – negotiations /primary dispute resolution
- Stage 2 – litigation
- Stage 3 – trial costs of lawyer
Stage 1 – negotiations/primary dispute resolution
Note: Some of the stages below are broad-banded. A lawyer in receipt of a Stage 1(a) grant will be entitled to two further 1(b) grants without any extension of assistance. For stages 1(c) and 1(d) further assistance is required.
Stage 1(a) Up to and including first court hearing after appointment
A lump sum fee of $1730 is payable for:
- taking instructions
- reading documentation
- preparing documents
- communications
- filing and service
- court attendance
- orders.
Where the lawyer’s office is more than 50 kilometres from the court, Victoria Legal Aid (VLA) will pay an additional $173 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 1(b) Subsequent court hearing
A lump sum fee of $865 is payable for preparing and attending a subsequent hearing.
Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $173 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 1(c) Interim contest hearing
A lump sum fee of $865 is payable for preparing for an interim contest hearing.
Note: Instructing fees are not payable in interim contests.
Stage 1(d) Roundtable Dispute Management (litigation intervention)
The table below shows the lump sum payments for litigation intervention in Roundtable Dispute Management (RDM) proceedings.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Preparation for conference | $173 |
| Attending conference | $692* |
| Preparing consent orders (if appropriate) | $346 |
In the event that a lawyer attends the conference but it is adjourned without hearing, a fee of $173 will be payable.
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $173 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2 – litigation
Stage 2(a) Preparation for hearing
A lump sum fee of $1038 is payable for:
- interviewing witnesses
- reading family report
- reading documentation
- callover
- briefing counsel
- conference with counsel.
Stage 2(b) Applications in the Federal Magistrates' Court
A lawyer in receipt of a Stage 2 grant will be entitled to any of the grants below without an extension of assistance.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Callover, mention | $346* |
| Subpoena List | $346* |
| Subpoena List (objection) | $519* |
| Telephone mention | $173 |
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $173 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Some of these court events may occur where a lawyer is in receipt of a Stage 1 grant only. In that event the lawyer will be entitled to any of these grants without an extension of assistance.
Stage 2(c) Additional preparation fees
In exceptional circumstances additional preparation fees calculated at the rate of $173 per hour may be allowed. This would commonly arise where trials are adjourned.
Stage 3 – trial costs of lawyer
Attendance for each day of hearing at $519 per half day.
In the event that children’s lawyer appears as counsel the fee payable shall be the fee otherwise payable to counsel including conferences. No additional instructing fee or fee for clerk to assist shall be payable.
A fee for instructing may not be claimed unless the lawyer is present in court throughout the period claimed.
Practitioners can claim these fees using ATLAS+ or submitting a tax invoice.