Independent children’s lawyer proceedings – Family Court

The lump sum fees for independent children's lawyer (ICL) proceedings in the Family Court are detailed in the sections below:

• Stage 1 – negotiations /primary dispute resolution
• Stage 2 – litigation
• Stage 3 – trial costs for lawyer.

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).

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 aid. For stages 1(c) and 1(e) an extension of aid is required.

Stage 1(a) Up to and including first court hearing after appointment

A lump sum fee of $1700 is payable for:

• taking instructions
• reading documentation
• preparing documents
• communications
• filing and service
• court attendance
• orders.

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

These fees are claimed using the Stage 1(a) Up to and including first court hearing after appointment – Family Court tax invoice.

Stage 1(b) Subsequent court hearing

A lump sum fee of $850 is payable for preparing and attending a subsequent hearing

Where the practitioner’s office is more than 50 kilometres from the court, VLA will pay an additional $170 over the lump sum fixed, which covers either travel or briefing an agent.

These fees are claimed using the Stage 1(b) Subsequent court hearing – Family Court tax invoice.

Stage 1(c) Interim contest hearing

A lump sum fee of $850 is payable for preparing for an interim contest hearing.

These fees are claimed using the Stage 1(c) Interim contest hearing – Family Court tax invoice.

Counsel’s trial fees (Stage 3) are also payable.

Stage 1(d) Procedural hearing (callover)

The table below shows the lump sum payments for procedural hearings.

These fees are claimed using the Stage 1(a) Up to and including first court hearing after appointment – Family Court tax invoice.

* Where the practitioner’s office is more than 50 kilometres from the court, VLA will pay an additional $170 over the lump sum fixed, which covers either travel or briefing an agent.

A lawyer in receipt of a Stage 1 broadbanded grant may proceed to this court event without an extension of aid.

Stage 1(e) Roundtable Dispute Management (litigation intervention)

The table below shows the lump sum payments for litigation intervention in Roundtable Dispute Management (RDM) proceedings.

These fees are claimed using the Stage 1(e) Roundtable Dispute Management (litigation intervention) – Family Court tax invoice.

* Where the practitioner’s office is more than 50 kilometres from the court, VLA will pay an additional $170 over the lump sum fixed, which covers either travel or briefing an agent.

Where a second conference may reasonably be expected to result in a resolution of the dispute, a lawyer may proceed to a further conference without a further grant of legal assistance. In the event that a lawyer attends an RDM conference which is adjourned without hearing, a fee of $170 (Section 29A panel member) will be payable)

Stage 2 – litigation

Stage 2(a) Preparation for and days of trial

The lump sum shown in the table below covers:

• taking instructions
• interviewing witnesses
• preparing documents
• reading family report or hearing oral report
• reading all affidavits and trial documentation
• briefing counsel
• conference with counsel.

These fees are claimed using the Stage 2(a) Preparation for and days of trial – Family Court tax invoice.

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 aid. 

* Where the practitioner’s office is more than 50 kilometres from the court, VLA will pay an additional $170 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 $170 per hour may be allowed. This would commonly arise where trials are adjourned.

These fees are claimed using the Stage 2(c) Additional preparation fees – Family Court tax invoice.

Stage 3 – trial costs for lawyer

In the event that an independent children’s lawyer appears as counsel the fee payable shall be the fee otherwise payable to counsel (see Stage 2(a) above).

Instructing

Instructing fees at trial are payable to the independent children’s lawyer in family law matters where the trial  occurs after 1 June 2011.