Table A2 – Standard fees in State family cases in the Family Division of the Children’s Court

Table A2 shows the standard fees payable by Victoria Legal Aid (VLA) in State family cases in the Family Division of the Children’s Court.

These fees are effective from 1 January 2015. For fees payable prior to this see Archived versions of the Handbook.

These fees cover all necessary work. VLA will not allow claims for additional work, except as provided for as follows:

• VLA will pay for four interim accommodation hearings without any extensions of aid.
• In the event that the interim accommodation order is continued by consent and without any substantial negotiation having taken place, the directions hearing fee is payable.
• In the event that the application proceeds to an interim contest or defended hearing an extension of assistance is required.
• If the case is not heard on the day of the dispute resolution conference, VLA will pay an additional fee of $276 for the attendance at the dispute resolution conference.
• In the event that the dispute resolution conference extends beyond three hours a fee of $485 is payable.
• No additional fee is payable for pre-contest mentions.
• VLA will pay $162 if the court requires the attendance of the parties at a directions hearing.
• Where an interim accommodation order contested hearing does not proceed to hearing or is not resolved by final orders, the fee of $336 is payable.
• VLA will pay a preparation fee for final defended hearing as follows:
  • a fee of $384 if the matter settles at the dispute resolution conference, conciliation conference or final directions hearing
  • a fee of $898 if the matter does not settle at the dispute resolution conference,conciliation conference or directions hearing, and if assistance is granted for final defended hearing.
• Fees for a second or subsequent day of hearing: where the interim contest or defended hearing continues beyond one full day, VLA will pay an additional fee for every day or part of a day beyond the first day of defended hearing in accord with the fees set out in Table A2.
• Where a matter has been listed for a conciliation conference, VLA will pay the preparation and appearance fees in the table. 
  
  Where a second conciliation conference could reasonably be expected to result in a resolution of the dispute, a solicitor may proceed to a further conference without an extension of aid. A second general preparation fee is not payable.
  
  In the event that a solicitor attends upon a conciliation conference which is adjourned without hearing the directions hearing fee is payable.
  
  Where a conciliation conference proceeds beyond three hours, an hourly rate of $145 is payable in addition to the attendance fee. This hourly rate is only applicable where the conference itself proceeds beyond three hours, and does not apply to time at court following the conciliation conference.
  
  Where the solicitor is required to attend a post-conference mention at the conclusion of the conciliation conference, the directions hearing fee is payable. Where counsel is briefed to attend the conciliation conference, counsel must be briefed at the fee of $579 which includes a conference between counsel and the client to prepare for the conference.

Practitioners can claim these fees using ATLAS or submitting a tax invoice.

Travel

Where an advocate appears in the hearing of a State family cases in the Family Division of the Children’s Court which is more than 40 kilometres from the advocate’s usual place of business, a travelling fee may be paid.

This fee is calculated at the rate of 72 cents per kilometre for each kilometre of the return trip in excess of 80 kilometres, and is paid as a disbursement.