Stage 2 – litigation
Stage 2 – litigation
This fee schedule is effective from 1 January 2017. For fee schedules prior to this, refer to Archived versions of the Handbook.
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 Circuit 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 Circuit Court
- Stage 2(e) Initiating application to Family Court or Federal Circuit Court (including case assessment conference)
- Stage 2(f) Subsequent hearing in Family Court or Federal Circuit Court
- Stage 2(g) Interim contest hearing in Family Court or Federal Circuit Court
- Stage 2(h) Roundtable Dispute Management (litigation intervention)
- Stage 2(i) Application for contravention in Family Court or Federal Circuit Court
Stage 2(a) Application in State Magistrates’ Court (finding of paternity)
A lump sum of either $704 (non-section 29A panel member) or $742 (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 $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(b) Application for recovery or information order in any court
The lump sum shown in the following table 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 | $1050* | $1104* |
| Federal Circuit Court | $1050* | $1104* |
| State Magistrates’ Court | $880* | $924* |
These fees includes all necessary appearances. No additional fees are payable unless it is necessary to initiate or respond to further court proceedings. In relation to recovery orders, practitioners may claim one subsequent hearing fee where the recovery order hearing has been adjourned. Practitioners may claim a further subsequent hearing fee in exceptional circumstances where it can be demonstrated that it is required.
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(c) Initiating court proceedings including application for interim relief in State Magistrates’ Court
A lump sum of either $1693 (non-section 29A panel member) or $1795 (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.
Stage 2(d) Transfer from State Magistrates’ Court to Family Court or Federal Circuit Court
A lump sum of either $1225 (non-section 29A panel member) or $1288 (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 $175 (non-section 29A panel practitioner) or $184 (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 Circuit Court (including case assessment conference)
A lump sum of either $2100* for children's matters or $2450* for children and property matters (non-section 29A panel member) or either $2208* for children's matters or $2576* for children and property matters (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 application involves both children and property matters, a disbursement fee of $255 is payable for a superannuation split certificate, if applicable, without an extension of assistance.
Where a conciliation conference is necessary, an attendance fee of $875 (non- section 29A panel member) or $920 (section 29A panel member) is payable without an extension of assistance.
*Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(f) Subsequent hearing in Family Court or Federal Circuit Court
The lump sum payable to prepare and attend a subsequent hearing in the Family Court or the Federal Circuit Court is either $875 (non-section 29A panel member) or $920 (section 29A panel member).
Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(g) Interim contest hearing in Family Court or Federal Circuit Court
The lump sum payable to prepare for an interim contest hearing in the Family Court or the Federal Circuit Court is either $875 (non-section 29A panel member) or $920 (section 29A panel member).
Counsel’s trial fees (Stage 4) are also payable. Conference fees are not payable.
Stage 2(h) Victoria Legal Aid Family Dispute Resolution Service (litigation intervention)
The following table shows the lump sum payments for Stage 2(h) Victoria Legal Aid Family Dispute Resolution Service services and proceedings.
| Service/proceedings | Section 30 panel lump sum | Section 29A panel lump sum |
|---|---|---|
| Taking instructions and preparing client for Victoria Legal Aid Family Dispute Resolution Service – contact/residence |
$175 |
$184 |
| Representing client at a conference | $700* | $736* |
| Preparing consent orders, if appropriate | $350 | $368 |
| Attending the Victoria Legal Aid Family Dispute Resolution Service process, which is adjourned without hearing | $175* | $184* |
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(i) Application for contravention in Family Court or Federal Circuit Court
A lump sum of either $1925 (non-section 29A panel member) or $2024 (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 $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.