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
Independent children’s lawyer proceedings – Family Court
The lump sum fees for independent children's lawyer (ICL) proceedings in the Family Court are detailed in the sections below. This fee schedule is effective from 1 November 2011.
Index
- Stage 1 – negotiations /primary dispute resolution
- Stage 2 – litigation
- Stage 3 – trial costs for lawyer
- Fees prior to 1 November 2011
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 three further Stage 1(b) grants and a Stage 1(d) grant without any extension of assistance. For stages 1(c) and 1(d) an extension of assistance is required.
Stage 1(a) Up to and including first court hearing after appointment
A lump sum fee of $1700 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 $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.
This fee is claimed using the Stage 1(a) Up to and including first court hearing after appointment tax invoice.
Stage 1(b) Subsequent court hearing
A lump sum fee of $850 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 $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.
This fee is claimed using the Stage 1(b) Subsequent court hearing tax invoice.
Stage 1(c) Interim contest hearing
A lump sum fee of $850 is payable for preparing for an interim contest hearing.
This fee is claimed using the Stage 1(c) Interim contest hearing tax invoice.
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 | $170 |
| Attending conference | $680* |
| Preparing consent orders (if appropriate) | $340 |
* 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 Stage 1(d) Roundtable Dispute Management (litigation intervention) tax invoice.
Stage 2 – litigation
Stage 2(a) Preparation for and days of trial
The lump sum shown in the table below covers:
- taking instructions
- interviewing witnesses
- preparing documents
- reading family report or hearing oral report
- reading all affidavits and trial documentation
- briefing counsel
- conference with counsel.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Estimated hearing (1–4 days) | $1190 |
| Estimated hearing (5 days or more) | $1700 |
| Counsel's conference (3 hours at $192 per hour) | $576 |
| Brief and subsequent days | $1358 |
These fees are claimed using the Stage 2(a) Preparation for and days of trial tax invoice.
Stage 2(b) Applications in the Family Court
The table below shows the lump sum payments for applications in the Family Court.
A lawyer in receipt of a Stage 2 grant will be entitled to any of the grants listed without an extension of assistance.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Callover, mention | $340* |
| Subpoena List | $340* |
| Subpoena List (objection) | $510* |
| Telephone mention | $170 |
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.
* 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 Stage 2(b) Applications in the Family Court or Federal Magistrates Court tax invoice.
Stage 2(c) Additional preparation fees
In exceptional circumstances additional preparation fees calculated at the rate of $170 per hour may be allowed. This would commonly arise where trials are adjourned.
These fees are claimed using the Stage 2(c) Additional preparation fees tax invoice.
Stage 3 – trial costs for lawyer
Attendance for each day of hearing is $510 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.
These fees are claimed using the Stage 3 – trial costs tax invoice.
Fees prior to 1 November 2011
For fee schedules prior to 1 November 2011 see Archived versions of the Handbook.