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 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Stage 2 – litigation
This fee schedule is effective from 1 November 2011.
Some of the stages herein are broad-banded. A lawyer in receipt of a Stage 2(e) grant will be entitled to three further Stage 2(f) grants without any extension of assistance.
A lawyer in receipt of a Stage 2(c) grant that is transferred to the Federal Magistrates Court or the Family Court will be entitled to a Stage 2(d) grant and three further Stage 2(f) grants without any extension of assistance. Otherwise, assistance must be approved in advance.
Index
- Stage 2(a) Application in State Magistrates’ Court (finding of paternity)
- Stage 2(b) Application for recovery or information order in any court
- Stage 2(c) Initiating court proceedings including application for interim relief in State Magistrates’ Court
- Stage 2(d) Transfer from State Magistrates’ Court to Family Court or Federal Magistrates Court
- Stage 2(e) Initiating application to Family Court or Federal Magistrates Court (including case assessment conference)
- Stage 2(f) Subsequent hearing in Family Court or Federal Magistrates Court
- Stage 2(g) Interim contest hearing in Family Court or Federal Magistrates Court
- Stage 2(h) Roundtable Dispute Management (litigation intervention)
- Stage 2(i) Application for contravention in Family Court or Federal Magistrates Court
- Fees prior to 1 November 2011
Stage 2(a) Application in State Magistrates’ Court (finding of paternity)
A lump sum of either $644 (non-section 29A panel member) or $680 (section 29A panel member) is payable for:
- taking instructions
- preparing documents
- court attendance(s).
Where the lawyer’s office is more than 50 kilometres from the court, Victoria Legal Aid (VLA) will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
These fees are claimed using either:
- non-section 29A panel member: Stage 2(a) Application in State Magistrates' Court (finding of paternity) tax invoice
- section 29A panel: Stage 2(a) Application in State Magistrates' Court (finding of paternity) tax invoice.
Stage 2(b) Application for recovery or information order in any court
The lump sum shown in the table below covers:
- instructions
- court documents
- court attendance(s)
- consent orders, if appropriate.
| Court | Non-section 29A panel lump sum | Section 29A panel lump sum |
|---|---|---|
| Family Court | $966* | $1020* |
| Federal Magistrates Court | $966* | $1020* |
| State Magistrates’ Court | $805* | $850* |
These fees includes all necessary appearances. No additional fees are payable unless it is necessary to initiate or respond to further court proceedings.
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
These fees are claimed using either:
- non-section 29A panel member: Stage 2(b) Application for recovery or information order tax invoice
- section 29A panel: Stage 2(b) Application for recovery or information order – all courts tax invoice.
Stage 2(c) Initiating court proceedings including application for interim relief in State Magistrates’ Court
A lump sum of either $1544 (non-section 29A panel member) or $1637 (section 29A panel member) is payable for:
- taking instructions for initiating court proceedings and for affidavits
- communications
- preparing documents
- attending to filing and service
- obtaining short service
- court attendance
- consent order, if appropriate.
The fee for the Magistrates’ Court includes all court appearances. No additional fees are payable.
These fees are claimed using either:
- non-section 29A panel member: Stage 2(c) Initiating court proceedings including application for interim relief in State Magistrates' Court – broadband tax invoice
- section 29A panel member: section 29A panel: Stage 2(c) Initiating court proceedings including application for interim relief in State Magistrates' Court – broadband tax invoice.
Stage 2(d) Transfer from State Magistrates’ Court to Family Court or Federal Magistrates Court
A lump sum of either $1127 (non-section 29A panel member) or $1190 (section 29A panel member) is payable for:
- preparation
- court documents
- court appearance.
Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(e) Initiating application to Family Court or Federal Magistrates Court (including case assessment conference)
A lump sum of either $1932 (non-section 29A panel member) or $2040 (section 29A panel member) is payable for:
- taking instructions for initiating court proceedings and for affidavits
- communications
- preparing documents
- attending to filing and service
- obtaining short service
- court attendance (includes case assessment conference)
- consent order, if appropriate.
Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
These fees are claimed using the relevant tax invoice*:
- non-section 29A panel: Stage 2(e) Initiating application to Family Court or Federal Magistrates Court – broadband tax invoice
- section 29A panel: section 29A panel: Stage 2(e) Initiating application to Family Court or Federal Magistrates Court – broadband tax invoice.
*Note: this is a broad-banded invoice which covers multiple stages.
Stage 2(f) Subsequent hearing in Family Court or Federal Magistrates Court
The lump sum payable to prepare and attend a subsequent hearing in the Family Court or the Federal Magistrates Court is either $805 (non-section 29A panel member) or $850 (section 29A panel member).
Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
These fees are claimed using either:
- non-section 29Apanel: Stage 2(f) – Subsequent hearing in Family or Federal Magistrates courts tax invoice
- section 29A panel: Stage 2(f) – Subsequent hearing in Family or Federal Magistrates courts tax invoice.
Stage 2(g) Interim contest hearing in Family Court or Federal Magistrates Court
The lump sum payable to prepare for an interim contest hearing in the Family Court or the Federal Magistrates Court is either $805 (non-section 29A panel member) or $850 (section 29A panel member).
Counsel’s trial fees (Stage 4) are also payable. Conference fees are not payable.
These fees are claimed using either:
- non-section 29A panel: Stage 2(g) – Interim contest hearing in Family or Federal Magistrates courts tax invoice
- section 29A panel: Stage 2(g) – Interim contest hearing in Family or Federal Magistrates courts tax invoice.
Stage 2(h) Roundtable Dispute Management (litigation intervention)
The table below shows the lump sum payments for Stage 2(i) Roundtable Dispute Management (RDM) services and proceedings.
| Service/proceedings | Section 30 panel lump sum | Section 29A panel lump sum |
|---|---|---|
| Taking instructions and preparing client for RDM –contact/residence |
$161 |
$170 |
| Representing client at RDM conference | $644* | $680* |
| Preparing consent orders, if appropriate | $322 | $340 |
| Attending the RDM process, which is adjourned without hearing | $161* | $170* |
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
These fees are claimed using either:
- non-section 29A panel: Stage 2(g) – RDM (litigation intervention) tax invoice
- section 29A panel: Stage 2(g) – RDM (litigation intervention) tax invoice.
Stage 2(i) Application for contravention in Family Court or Federal Magistrates’ Court
A lump sum of either $1771 (non-section 29A panel member) or $1870 (section 29A panel member) is payable for:
- instructions for application and affidavit
- court documents
- obtaining short service
- court attendance.
This fee includes all necessary appearances.
Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $161 (non-section 29A panel practitioner) or $170 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Fees prior to 1 November 2011
For fee schedules prior to 1 November 2011 see Archived versions of the Handbook.