Victoria Legal Aid Handbook for Lawyers

Archived 21 July 2022

Fees payable under the Family Violence and Cross-Examination Scheme

Where a lawyer is in receipt of assistance under the Family Violence and Cross-Examination of Parties Scheme in the Federal Circuit and Family Court of Australia (FCFCOA), the fees payable are outlined on this page and in accordance with Victoria Legal Aid's (VLA’s) fees as contained in Fee Table 4. The fees outlined in these tables should be read in conjunction with Fees – entitlements and conditions.

Fees payable under the scheme

Stage 2G – interim contested hearing

Service/proceedings Court Fee
2G.1 – prepare for an interim contest FCFCOA $1000
2G.2 – appearance in an interim contest hearing (defended daily fee) FCFCOA $1642
Take judgment FCFCOA $229

Stage 2H – litigation interv ention FDRS

Service/proceedings Court Fee
2H.1 – preparation for litigation intervention FDRS conference FDRS $200
2H.2 – representing client at litigation intervention FDRS conference (limited to 1 conference) FDRS $800
2H.3 – attendance at litigation intervention FDRS when the conference does not proceed FDRS $200
Preparing and filing consent orders Any court $400
Distance allowance (all matters) FDRS $200

Stage 3A – preparation and first day of trial, FCFCOA (Division 1) (parenting matters)

Service/proceedings Court Fee
3A.1 – preparation for hearing estimated at one day FCFCOA (Division 1) $1200
3A.2 – preparation for hearing estimated at more than one day FCFCOA (Division 1) $2000

Stage 3C – further preparation and continuation of trial, FCFCOA (Division 1)

Service/proceedings Court Fee
3C.1 – preparation for further hearing, estimated at one day FCFCOA (Division 1) $1000
3C.2 – preparation for further hearing, estimated at up to three days FCFCOA (Division 1) $1400
3C.3 – preparation for further hearing, estimated at four days or more FCFCOA (Division 1) $2600

Stage 3D – preparation for trial, FCFCOA (Division 2)

Service/proceedings Court Fee
3D.1 – preparation for hearing, estimated at one day FCFCOA (Division 2) $1600
3D.2 – preparation for hearing, estimated at more than one day FCFCOA (Division 2) $2800

Stage 3E – additional preparation, FCFCOA (Division 2)

Service/proceedings Court Fee
3E – additional preparation FCFCOA $200 per hour

Stage 4 – trial appearances

Service/proceedings Court Fee
4.1 – defended daily fee FCFCOA $1642
4.2 – counsel’s conference (up to 3 hours at $229 per hour) FCFCOA Up to $687
Take judgment FCFCOA $229

Procedural appearances

Service/proceedings Court Fee
Case management, mention, directions hearing, callover FCFCOA $400
Inspecting subpoenaed documents* FCFCOA (Division 1) $400
Appearance at defended subpoena list FCFCOA (Division 1) $600
Telephone mention FCFCOA (Division 1) $200
Distance allowance FCFCOA $200

The fee to attend court to inspect subpoenaed documents is payable per attendance, not per document. Lawyers are expected to minimise the need for multiple attendances to inspect documents. This is because the inspection of documents is considered to be preparation for trial and should primarily be covered by the 3A lump sum fees.

Stage 5 – appeal to a single judge

Service/proceedings Court Fee
5.1 – preparation FCFCOA (Division 1) $2400
5.2 – counsel daily fee FCFCOA (Division 1)

$1276

Take judgment FCFCOA (Division 1) $229

Stage 5 – appeal to the full court

Service/proceedings Court Fee
5.3 – preparation FCFCOA (Division 1) $2000
5.4 – counsel daily fee FCFCOA (Division 1) $1642
Take judgment FCFCOA (Division 1) $229

Daily circuit fees

Court Fee
Albury $369
Bairnsdale $355
Ballarat $227
Bendigo $266
Castlemaine $212
Geelong $192
Hamilton $369
Mildura $450
Morwell $272
Sale $321
Shepparton $307
Traralgon $273
Warrnambool $355

Disbursements

VLA will reimburse the following disbursements:

  • any court fees required to be paid by a legally assisted person
  • interpreters' fees
  • service fees
  • disbursements which have prior written approval of VLA.

In exceptional circumstances, VLA may consider providing assistance for other disbursements in accordance with Table Q – Expert reports and court attendances in family law matters.

Reviewed 16 February 2022