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
Assistance for child support matters
The fees payable for child support matters are detailed below:
- Advice and negotiation
- Application in State Magistrates’ Court (finding of paternity)
- Initiating or responding to an application in State Magistrates’ Court
- Transfer from State Magistrates’ Court to Federal Magistrates Court
- Initiating or responding to application in Federal Magistrates Court
- Enforcement of court orders
- Appeal to Social Security Appeals Tribunal
- Appeal to Administrative Appeals Tribunal
- Stay application in any court
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).
Advice and negotiation
A lump sum of $510 is payable for taking instructions, attendances, perusals and correspondence.
These fees are claimed using the Advice and negotiation – child support tax invoice.
Application in State Magistrates’ Court (finding of paternity)
A lump sum of $680 is payable for:
- taking instructions
- preparing documents
- court attendances.
These fees are claimed using the Application in State Magistrates’ Court (finding of paternity) – child support tax invoice.
Initiating or responding to an application in State Magistrates’ Court
A lump sum fee of $1637 is payable for:
- taking instructions
- communications
- preparing documents
- attending to filing and service
- court attendance
- consent order, if appropriate
The fee for Magistrates’ Court includes all court appearances. No additional fees are payable.
These fees are claimed using the Initiating or responding to an application in State Magistrates’ Court – child support tax invoice.
Transfer from State Magistrates’ Court to Federal Magistrates Court
The table below shows the lump sum payments for transferring matters from the State Magistrates’ Court to the Federal Magistrates Court.
These fees are claimed using the Transfer from State Magistrates’ Court to Federal Magistrates Court – child support tax invoice.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $1190 |
| Conciliation conference/interim orders* | $510 |
| Counsel’s fees – conference (up to 3 hours) | $192 per hour |
| Appearance | $1358 |
Initiating or responding to application in Federal Magistrates Court
The table below shows the lump sum fees for initiating or responding to application in Federal Magistrates’ Court.
These fees are claimed using the Initiating or responding to application in Federal Magistrates’ Court – child support tax invoice.
| Service/proceeding | Fee payable |
|---|---|
| Preparation |
$1530 |
| Conciliation conference/interim orders* | $510 |
| Defended hearing appearance | $1358 |
| Conferences (up to 3 hours) | $192 per hour |
Enforcement of court orders
A lump sum of $1870 is payable for:
- taking instructions
- preparing documents
- obtaining short service
- court attendance.
These fees are claimed using the Enforcement of court orders – child support tax invoice.
Appeal to Social Security Appeals Tribunal
The table below shows the lump sum fees for appeals to the Social Security Appeals Tribunal (SSAT).
These fees are claimed using the Appeal to Social Security Appeals Tribunal – child support tax invoice.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $1369 |
| Pre-hearing conference | $510 |
| Appearance before SSAT | $880 |
Appeal to Administrative Appeals Tribunal
The table below shows the lump sum fees for appeals to the Administrative Appeals Tribunal (AAT).
These fees are claimed using the Appeal to Administrative Appeals Tribunal – child support tax invoice.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $858 |
| Pre-hearing conference | $510 |
| Appearance: conference | $185 |
| Appearance: daily fee | $1426 |
Stay application in any court
The table below shows the lump sum fees for a stay application in any court.
These fees are claimed using the Stay application in any court – child support tax invoice.
| Service/proceeding | Fee payable |
|---|---|
| Preparation | $246 |
| Pre-hearing conference | $726 |