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
Independent children’s lawyer proceedings – Federal Magistrates Court
The lump sum fees for independent children's lawyer proceedings in the Federal Magistrates Court are detailed in the sections below:
- Stage 1 – negotiations /primary dispute resolution
- Stage 2 – litigation
- Stage 3 – trial costs of 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 two further 1(b) grants without any extension of aid. For stages 1(c) and 1(d) further assistance 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 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 – Federal Magistrates 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 (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(b) Subsequent court hearing – Federal Magistrates 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 – Federal Magistrates Court tax invoice.
Counsel’s trial fees (Stage 3) are also payable.
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.
These fees are claimed using the Stage 1(d) Roundtable Dispute Management (litigation intervention) tax invoice.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Preparation for conference | $170 |
| Attending conference* | $680 |
| Preparing consent orders (if appropriate) | $340 |
* 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.
In the event that a lawyer attends the conference but it is adjourned without hearing, a fee of $170 will be payable.
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 $170 (Section 29A panel member) will be payable.
Stage 2 – litigation
Stage 2(a) Preparation for hearing
A lump sum fee of $1020 is payable for:
- interviewing witnesses
- reading family report
- reading documentation
- callover
- briefing counsel
- conference with counsel.
These fees are claimed using the Stage 2(a) Preparation for hearing – Federal Magistrates Court tax invoice.
Stage 2(b) Applications in the Federal Magistrates' Court
A lawyer in receipt of a Stage 2 grant will be entitled to any of the grants below without an extension of aid.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Callover, mention* | $340 |
| Subpoena List* | $340 |
| Subpoena List (objection)* | $510 |
| Telephone mention | $170 |
* 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 – Federal Magistrates Court tax invoice.
Stage 3 – trial costs of lawyer
In the event that the independent children’s lawyer appears as counsel, the fee payable shall be the fee otherwise payable to counsel. See Counsel’s fees – independent children’s lawyer.
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.
| Service/proceeding | Section 29A panel lump sum |
|---|---|
| Instructing (per half day) | $510 |
| Solicitor out of office fee for circuit trial (per day) | $170 |