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
Cost ceilings
A ‘cost ceiling’ is the maximum amount which Victoria Legal Aid (VLA) will pay in costs and disbursements in any single grant of assistance for a Commonwealth family law matter.
The cost ceiling in adult family law matters is $15,510 (including GST).
This includes all costs and disbursements except:
- interpreters’ fees
- circuit fees
- travel and accommodation costs
- costs ordered and paid under section 10(2) of the Federal Proceedings (Costs) Act 1981
- contributions paid
- costs recovered.
How the cost ceiling is calculated
VLA calculates the cost ceiling by adding together:
- the total amount (including counsel’s fees) which VLA pays the lawyer to represent the assisted person
- any disbursements.
From this total, VLA then subtracts:
- interpreters’ fees
- circuit fees
- travel and accommodation costs
- any contributions paid
- any costs recovered or reimbursed.
When a matter reaches the cost ceiling
If a matter reaches the cost ceiling, then VLA will not pay further fees or costs without prior approval.
In family law matters the lawyer must submit an overcap worksheet for ‘overcap’ funding for approval of fees in excess of the cost ceiling.