Stage 3 – preparation for trial

These fees are effective from 1 October 2011. For fees payable in matters prior to this date, see Costs payable in Commonwealth family law matters in the VLA Handbook (September 2011).

Stages

• Stage 3(a) Preparation for and first day of trial in the Family Court
• Stage 3(b) Applications in the Family Court or Federal Magistrates Court
• Stage 3(c) Preparation for and continuation of trial in Family Court
• Stage 3(d) Preparation for trial in Federal Magistrates Court
• Stage 3(e) Additional preparation fees

Stage 3(a) Preparation for and first day of trial in the Family Court

The lump sum shown in the table below covers:

• taking instructions
• interviewing witnesses
• preparing documents
• preparing client for family report process
• reading family report
• briefing counsel.

These fees are claimed using either:

• section 30 panel: Stage 3(a) – Preparation for and first day of trial in the Family Court – broadband tax invoice
• section 29A panel: Stage 3(a) – Preparation for and first day of trial in the Family Court – broadband tax invoice.

Stage 3(b) Applications in the Family Court or Federal Magistrates Court

The table below shows the lump sum payments for Stage 3(b) applications in the Family Court or Federal Magistrates Court.

A lawyer in receipt of a grant pursuant to Stage 3 will be entitled to any of the grants below without an extension of aid. Some of these court events may occur where a lawyer is in receipt of a Stage 2 grant only. A lawyer in receipt of a grant pursuant to Stage 2 or Stage 3 will be entitled to any of the grants below without needing an extension of their grant of legal assistance.

* Where the practitioner’s office is more than 50 kilometres from the court, Victoria Legal Aid will pay an additional $161 (section 30 panel member) or $170 (section 29A panel member) over the lump sum fixed, which covers either travel or briefing an agent.

Stage 3(c) Preparation for and continuation of trial in Family Court

The lump sum shown in the table below covers:

• taking further instructions
• subpoena witnesses
• preparing documents
• conferring with counsel, correspondence and negotiation.

These fees are claimed using either:

• section 30 panel: Stage 3(c) – Preparation and continuation of trial – Family Court tax invoice
• section 29A panel: Stage 3(c) – Preparation for and continuation of trial – Family Court tax invoice.

Stage 3(d) Preparation for trial in Federal Magistrates Court

The stage of matter limits (SOML) shown in the table below cover:

• taking instructions
• interviewing witnesses
• preparing documents
• preparing client for family report process
• issuing subpoenas
• case management directions
• preparing and delivering brief to counsel
• reading family report
• conference with counsel.

These fees are claimed using either:

• section 30 panel: Stage 3(d) – Preparation for trial – Federal Magistrates Court tax invoice
• section 29A panel: Stage 3(d) – Preparation for trial – Federal Magistrates Court tax invoice.

Stage 3(e) Additional preparation fees

In exceptional circumstances additional preparation fees calculated at the rate of $161 per hour (section 30 panel member) or $170 per hour (section 29A panel member) may be allowed. This would commonly arise where trials are adjourned. When assessing an application for further preparation fees regard shall be had to the total preparation allowed for stages 3(a), 3(c) and 3(d).

These fees are claimed using either:

• section 30 panel: Stage 3(e) Additional preparation – all courts tax invoice
• section 29A panel: Stage 3(e) Additional preparation – all courts tax invoice.