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 3 – preparation for trial
This fee schedule is effective from 1 November 2011.
Index
- Stage 3(a) Preparation for and first day of trial in the Family Court
- Stage 3(b) Applications in the Family Court or Federal Magistrates Court
- Stage 3(c) Preparation for and continuation of trial in Family Court
- Stage 3(d) Preparation for trial in Federal Magistrates Court
- Stage 3(e) Additional preparation fees
- Fees prior to 1 November 2011
Stage 3(a) Preparation for and first day of trial in the Family Court
The lump sum shown in the table below covers:
- taking instructions
- interviewing witnesses
- preparing documents
- briefing counsel
- correspondence
- negotiation.
| Service/proceeding | Non-section 29A panel lump sum | Section 29A panel lump sum |
|---|---|---|
| Estimated hearing (1 day) | $966 | $1020 |
| Estimated hearing (more than 1 day) | $1610 | $1700 |
| Counsel’s conferences up to 3 hours at $192 per hour (additional conferences will not be allowed in Stage 3(c)) | $576 | $576 |
| Brief | $1358 | $1358 |
These fees are claimed using either:
- non-section 29A panel: Stage 3(a) – Preparation for and first day of trial in the Family Court – broadband tax invoice
- section 29A panel: Stage 3(a) – Preparation for and first day of trial in the Family Court – broadband tax invoice.
Stage 3(b) Applications in the Family Court or Federal Magistrates Court
The table below shows the lump sum payments for Stage 3(b) applications in the Family Court or Federal Magistrates Court.
A lawyer in receipt of a grant pursuant to Stage 3 will be entitled to any of the grants below without an extension of assistance.
Some of these court events may occur where a lawyer is in receipt of a Stage 2 grant only. In that event, the lawyer will be entitled to any of the grants below without an extension of assistance.
| Service/proceeding | Non-section 29A panel lump sum | Section 29A panel lump sum |
|---|---|---|
| Callover, mention | $322* | $340* |
| Subpoena List | $322* | $340* |
| Subpoena List (objection) | $483* | $510* |
| Telephone mention | $161 | $170 |
* 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.
Stage 3(c) Preparation for and continuation of trial in Family Court
The lump sum shown in the table below covers:
- taking further instructions
- subpoena witnesses
- preparing documents
- conferring with counsel, correspondence and negotiation.
| Service/proceeding | Non-section 29A panel lump sum | Section 29A panel lump sum |
|---|---|---|
| Estimated further hearing of one day | $805 | $850 |
| Estimated further hearing up to three days | $1127 | $1190 |
| Estimated further hearing of 4 days or more | $2093 | $2210 |
| Counsel's fees | $1358 | $1358 |
| Judgment | $192 | $192 |
These fees are claimed using either:
- non-section 29A panel: Stage 3(c) – Preparation and continuation of trial – Family Court tax invoice
- section 29A: Stage 3(c) – Preparation for and continuation of trial – Family Court tax invoice.
Stage 3(d) Preparation for trial in Federal Magistrates Court
The lump sum fee shown in the table below covers:
- taking instructions
- interviewing witnesses
- preparing documents
- preparing client for family report process
- subpoenas
- case management directions
- preparing and delivering brief to counsel
- reading family report
- conference with counsel.
| Service/proceeding | Non-section 29A panel Lump Sum | Section 29A panel Lump Sum |
|---|---|---|
| Estimated hearing (1 day) | $1288 | $1360 |
| Estimated hearing (more than 1 day) | $2254 | $2380 |
These fees are claimed using either:
- non-section 29A panel: Stage 3(d) – Preparation for trial – Federal Magistrates Court tax invoice
- section 29A panel: Stage 3(d) – Preparation for trial – Federal Magistrates Court tax invoice.
Stage 3(e) Additional preparation fees
In exceptional circumstances additional preparation fees calculated at the rate of $161 per hour (non-section 29A panel member) or $170 per hour (section 29A panel member) may be allowed. This would commonly arise where trials are adjourned. When assessing an application for further preparation fees regard shall be had to the total preparation allowed for stages 3(a), 3(c) and 3(d).
These fees are claimed using either:
- non-section 29A panel: Stage 3(e) Additional preparation – all courts tax invoice
- section 29A: Stage 3(e) Additional preparation – all courts tax invoice.
Fees prior to 1 November 2011
For fee schedules prior to 1 November 2011 see Archived versions of the Handbook.