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
Stage 1 – negotiations/Roundtable Dispute Management
Where a lawyer is in receipt of an Early Intervention/Dispute Resolution grant, the lawyer may claim:
- the preparation for RDM
- attendance at RDM
- preparing and filing of consent orders (if applicable).
This fee schedule is effective from 1 January 2014. For fee schedules prior to this see Archived versions of the Handbook.
(a) Preparation for Roundtable Dispute Management (RDM) or advice and negotiations
A lawyer in receipt of an Early Intervention/Dispute Resolution grant is entitled to one of the following:
| Service/proceedings | Non-section 29A panel lump sum |
Section 29A panel lump sum |
|---|---|---|
| (i) Preparation for RDM including negotiations (payable only where RDM proceeds) – children only or spousal maintenance only | $498 | $525 |
| (ii) Advice and negotiations (payable only where RDM does not proceed but the lawyer conducts substantial advice and negotiations) – children only or spousal maintenance only * | $498 | $525 |
| (iii) Preparation for RDM including any negotiations leading up to RDM (payable only where RDM conference proceeds) – children and property | $664 | $700 |
| (iv) Advice and negotiations (payable only where RDM does not proceed but the lawyer conducts substantial advice and negotiations) – children and property * | $664 | $700 |
| (v) Preparation where RDM does not proceed and no substantial negotiations take place | $166 | $175 |
* Where the matter does not proceed to RDM for any reason, the lawyer may utilise the advice and negotiations component of the grant to negotiate with the other party. In order to claim the advice and negotiations fee, the lawyer’s file must show evidence of meaningful negotiations having taken place for compliance purposes. The lawyer may also claim the fee for preparing and filing consent orders (if applicable).
(b) Representing client at RDM conference
| Service/proceedings | Non-section 29A panel lump sum |
Section 29A panel lump sum |
|---|---|---|
| Representing client at RDM conference | $664 | $700 |
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 an extension of assistance. The preparation for RDM fee is not payable a second time.
Where the lawyer’s office is more than 50 kilometres from the court, Victoria Legal Aid will pay an additional $166 (non-section 29A panel practitioner) or $175 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.
(c) Consent orders
| Service/proceedings | Non-section 29A panel lump sum |
Section 29A panel lump sum |
|---|---|---|
| Preparing and filing consent orders – the fee is only payable where the consent orders are filed with the court | $332 | $350 |
Practitioners can claim these fees using ATLAS+ or submitting a tax invoice.