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
Assistance for child support matters
The fees payable for child support matters are detailed below. This fee schedule is effective from 1 November 2011.
Index
- Roundtable Dispute Management
- Application in State Magistrates’ Court (finding of paternity)
- Initiating or responding to an application in State Magistrates’ Court
- Transfer from State Magistrates’ Court to Federal Magistrates Court
- Initiating or responding to application in Federal Magistrates Court
- Enforcement of court orders
- Appeal to Social Security Appeals Tribunal
- Appeal to Administrative Appeals Tribunal
- Stay application in any court
- Fees prior to 1 November 2011
Roundtable Dispute Management (RDM)
Where a lawyer is in receipt of an Early Intervention/Dispute Resolution grant, the lawyer may claim:
- the preparation for RDM
- attendance at RDM
- preparing and filing of consent orders (if applicable).
Preparation for RDM or advice and negotiations
A lawyer in receipt of an Early Intervention/Dispute Resolution grant is entitled to one of the following:
| Service/proceeding | Lump sum |
|---|---|
| Preparation for RDM including negotiations (payable only where RDM proceeds) | $510 |
| Advice and negotiations (payable only where RDM does not proceed but lawyer conducts substantial advice and negotiations) * | $510 |
| Preparation where RDM does not proceed and no substantial negotiations take place | $170 |
* Where the matter does not proceed to RDM for any reason, the lawyer may utilise the advice and negotiations component of the grant to negotiate with the other party. In order to claim the advice and negotiations fee, the lawyer’s file must show evidence of meaningful negotiations having taken place for compliance purposes. The lawyer may also claim the fee for preparing and filing consent orders (if applicable).
Representing client at RDM conference
A lump sum of $680 is payable for representing a client at an RDM conference.
Where a second conference may reasonably be expected to result in a resolution of the dispute a lawyer may proceed to a further conference without an extension of assistance. The preparation for RDM fee is not payable a second time.
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.
Consent orders
A lump sum of $340 is payable for preparing and filing consent orders. The consent order fee is only payable where the consent orders are filed with the court.
Application in State Magistrates’ Court (finding of paternity)
A lump sum of $680 is payable for:
- taking instructions
- preparing documents
- court attendances.
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 Application in State Magistrates’ Court (finding of paternity) – child support tax invoice.
Initiating or responding to an application in State Magistrates’ Court
A lump sum fee of $1637 is payable for:
- taking instructions
- communications
- preparing documents
- attending to filing and service
- court attendance
- consent order, if appropriate.
The fee for Magistrates’ Court includes all court appearances. No additional fees are payable.
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 Initiating or responding to an application in State Magistrates’ Court – child support tax invoice.
Transfer from State Magistrates’ Court to Federal Magistrates Court
The table below shows the lump sum payments for transferring matters from the State Magistrates’ Court to the Federal Magistrates Court.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $1190 |
| Conciliation conference/interim orders | $510* |
| Counsel’s fees – conference (up to 3 hours) | $192 per hour |
| Counsel’s fees – appearance | $1358 |
* 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 Transfer from State Magistrates’ Court to Federal Magistrates Court – child support tax invoice.
Initiating or responding to application in Federal Magistrates Court
The table below shows the lump sum fees for initiating or responding to application in Federal Magistrates’ Court.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $1530 |
| Conciliation conference/interim orders* | $510* |
| Defended hearing appearance | $1358 |
| Conferences (up to 3 hours) | $192 per hour |
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 Initiating or responding to application in Federal Magistrates’ Court – child support tax invoice.
Enforcement of court orders
A lump sum of $1870 is payable for:
- taking instructions
- preparing documents
- obtaining short service
- court attendance.
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 Enforcement of court orders – child support tax invoice.
Appeal to Social Security Appeals Tribunal
The table below shows the lump sum fees for appeals to the Social Security Appeals Tribunal (SSAT).
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $1369 |
| Pre-hearing conference | $510 |
| Appearance before SSAT | $880 |
These fees are claimed using the Appeal to Social Security Appeals Tribunal – child support tax invoice.
Appeal to Administrative Appeals Tribunal
The table below shows the lump sum fees for appeals to the Administrative Appeals Tribunal (AAT).
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $858 |
| Pre-hearing conference | $510 |
| Appearance: conference | $185 |
| Appearance: daily fee | $1426 |
These fees are claimed using the Appeal to Administrative Appeals Tribunal – child support tax invoice.
Stay application in any court
The table below shows the lump sum fees for a stay application in any court.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $246 |
| Pre-hearing conference | $726 |
These fees are claimed using the Stay application in any court – child support tax invoice.
Fees prior to 1 November 2011
For fee schedules prior to 1 November 2011 see Archived versions of the Handbook.