Stage 3 – trial costs for ICLs
Stage 3 – trial costs for ICLs
Under a Stage 3 grant, fees are available (where applicable) to an independent children's lawyer (ICL):
This fee table is effective from 1 January this year. For fees prior to this, see Archived versions of the Handbook.
For more information, see Preparation for trials and trial costs – ICLs (FCC and FCA).
Stage 3A – trial costs for ICLs
Under a stage 3A grant, fees are available (where applicable) to an independent children's lawyer:
| Service/proceedings | Court | Fee |
|---|---|---|
| 3A.1 – instructing fee in limited circumstances (5 hours per day maximum) | Federal family courts | $193 per hour, up to $965 per day |
| Defended daily fee | Federal family courts | $1579 (see table note) |
| Conference (2 hour maximum at $221 per hour) | Federal family courts | up to $442 |
| Take judgment | Federal family courts | $221 |
Table note: In matters appearing in the Less Adversarial Trial stream, if the first day of trial is run as a directions hearing and no evidence is taken, the appropriate appearance fee is $598, and not the defended daily fee of $1579 listed.
Entitlements and conditions
- The stage 3A grant is a broadband grant.
- Where counsel is briefed, the 3A.1 instructing fee is available only at key points of the final hearing where it is:
- a Magellan matter or a complex matter
and - essential for the ICL to act as instructor in the proceedings in order to form an opinion as to what is in the child’s best interests based on the evidence.
- a Magellan matter or a complex matter
- The defended daily fee, conference fee and take judgment fee are available where the ICL appears as solicitor advocate.
- The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.