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 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
Fee Schedule 1M – Family law stage of matter limits
VLA may provide assistance for representation at trial (by counsel or lawyer) where:
i) the matter is listed in the Magellan Program; or
ii) the applicant is a person with an intellectual disability or an acquired brain injury who is an eligible person receiving services from the Department of Human Services or a registered disability service provider under the Disability Act 2006; or
iii) the applicant is a person with a diagnosed mental illness who is receiving services from an approved mental health service under the Mental Health Act 1986; or
iv) the other party is represented either privately, through pro bono assistance, or pursuant to (ii) or (iii) above.
This does not apply to Independent Children’s Lawyers for whom Family Law Guideline 5 will continue to apply.
Part heard matters
This rule applies to all applications for assistance received on or after 1 November 2013 for trials listed on or after 1 November 2013. Where a trial is scheduled partly before 1 November and recommences on or after 1 November 2013 assistance may be available for that portion of the trial conducted on or after 1 November 2013.
Fees
The following fees shall apply to all Commonwealth family law matters (including extensions) where legal assistance was approved on or after 1 January 2014.
Where a practitioner is in receipt of a grant of legal assistance pursuant to Fee Schedule 1M and the extension of assistance has not been completed, the practitioner may claim the higher stage fee pursuant to this table.
Index
- Stage 1 – negotiations/Roundtable Dispute Management
- Stage 2 – litigation
- Stage 3 – preparation for trial
- Stage 4 – trial
- Stage 5 – appeals in the Family Court
- Counsel’s fees – trial costs
- Annulment proceedings
- Independent children’s lawyer proceedings – Family Court
- Independent children’s lawyer proceedings – Federal Circuit Court
- Counsel’s fees – independent children’s lawyer
- Assistance for child support matters
Fees prior to 1 January 2014
For fee schedules prior to 1 January 2014, see Archived versions of the Handbook.