Independent children’s lawyer proceedings – Family Court
Independent children’s lawyer proceedings – Family Court
The lump sum fees for independent children's lawyer proceedings in the Family Court are detailed in the sections below.
This fee schedule is effective from 1 January 2015. For fee schedules prior to this, see Archived versions of the Handbook.
Index
- Stage 1 – negotiations/primary dispute resolution
- Stage 2 – litigation
- Stage 3 – trial costs for lawyer
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 $1780 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 $178 over the lump sum fixed, which covers either travel or briefing an agent.
Stage 1(b) Subsequent court hearing
A lump sum fee of $890 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 $178 over the lump sum fixed, which covers either travel or briefing an agent.
Stage 1(c) Interim contest hearing
A lump sum fee of $890 is payable for preparing for an interim contest hearing.
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 | Fee payable |
|---|---|
| Preparation for conference | $178 |
| Attending conference | $712* |
| Preparing consent orders (if appropriate) | $356 |
In the event that a lawyer attends the conference but it is adjourned without hearing, a fee of $178 will be payable.
* Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $178 over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2 – litigation
Stage 2(a) Preparation for and days of trial
The lump sum shown in the table below covers:
- communications
- interviewing witnesses
- preparing documents
- reading family report or hearing oral report
- reading all affidavits and trial documentation
- briefing counsel (where appropriate*)
- conference with counsel (where appropriate*).
| Service/proceeding | Fee payable |
|---|---|
| Estimated hearing (1–4 days) | $1246 |
| Estimated hearing (5 days or more) | $1780 |
| Counsel's conference (3 hours at $201 per hour) (where appropriate*) | $603 |
| Daily fee | $1432 |
* Where one of the exceptions in Guideline 5.1 are met.
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 | Fee payable |
|---|---|
| Callover, mention | $356* |
| Subpoena List | $356* |
| Subpoena List (objection) | $534* |
| Telephone mention | $178 |
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 $178 over the lump sum fixed, which covers either travel or briefing an agent.
Stage 2(c) Additional preparation fees
In exceptional circumstances additional preparation fees calculated at the rate of $178 per hour may be allowed. This would commonly arise where trials are adjourned.
Stage 3 – trial costs for lawyer
Instructing fees are not payable in final hearings.
In the event that the independent children’s lawyer appears as solicitor advocate, the fee payable shall be the fee otherwise payable to counsel, with the exception of the conference fee. A solicitor advocate is entitled to a maximum of 2 hours of conferences only.
Practitioners can claim these fees using ATLAS.