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
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24 – Payments to lawyers and service providers
- Professional costs
- Counsel's fees
- Payments to agents
- Duty lawyer schemes
- Disbursements
- Cost ceilings
- Stage of matter limits
- Lump sum fees
- Costs payable in criminal law matters
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Costs payable in State family matters
- Table A2 – Standard fees in State family cases in the Family Division of the Children’s Court
- Principles applying to payment of fees in Family Violence Protection Act 2008 matters
- Costs payable in Commonwealth family law matters
- Costs payable in civil law matters
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
Table A2 – Standard fees in State family cases in the Family Division of the Children’s Court
Table A2 shows the standard fees payable by Victoria Legal Aid (VLA) in State family cases in the Family Division of the Children’s Court.
These fees are effective from 1 January 2014. For fees payable prior to this see Archived versions of the Handbook.
These fees cover all necessary work. VLA will not allow claims for additional work, except as provided for as follows:
- VLA will pay for four interim accommodation hearings without any extensions of aid.
- In the event that the interim accommodation order is continued by consent and without any substantial negotiation having taken place, the directions hearing fee is payable.
- In the event that the application proceeds to an interim contest or defended hearing an extension of assistance is required.
- If the case is not heard on the day of the dispute resolution conference, VLA will pay an additional fee of $271 for the attendance at the dispute resolution conference.
- In the event that the dispute resolution conference extends beyond three hours a fee of $476 is payable.
- No additional fee is payable for pre-contest mentions.
- VLA will pay $159 if the court requires the attendance of the parties at a directions hearing.
- Where an interim accommodation order contested hearing does not proceed to hearing or is not resolved by final orders, the fee of $330 is payable.
- VLA will pay a preparation fee for final defended hearing as follows:
- a fee of $377 if the matter settles at the dispute resolution conference, New Model Conference or final directions hearing
- a fee of $881 if the matter does not settle at the dispute resolution conference, New Model Conference or directions hearing, and if assistance is granted for final defended hearing.
- Fees for a second or subsequent day of hearing: where the interim contest or defended hearing continues beyond one full day VLA will pay an additional fee for every day or part of a day beyond the first day of defended hearing in accord with the fees set out in Table A2.
- Where a matter has been listed for a New Model Conference VLA will pay the preparation and appearance fees in the table. An extension of assistance for the New Model Conference is required.
Where a second New Model Conference could reasonably be expected to result in a resolution of the dispute a solicitor may proceed to a further conference without an extension of aid. A second general preparation fee is not payable.
In the event that a solicitor attends upon a New Model Conference which is adjourned without hearing the directions hearing fee is payable.
Where a New Model Conference proceeds beyond three hours, an hourly rate of $143 per hour is payable in addition to the attendance fee. This hourly rate is only applicable where the conference itself proceeds beyond three hours, and does not apply to time at court following the New Model Conference.
Where the solicitor is required to attend a post-conference mention at the conclusion of the New Model Conference, the directions hearing fee is payable. Where counsel is briefed to attend the New Model Conference, counsel must be briefed at the fee of $568 which includes a conference between counsel and the client to prepare for the conference.
| Service/proceeding | Lump sum fee |
|---|---|
| Preparation fee other than for extension of existing order | $476 |
| Preparation fee for extension of existing order by consent | $104 |
| Dispute resolution conference (DRC) | $271 |
| Directions hearing | $159 |
| Appearance fee: interim accommodation order | $330 |
| Interim contest – day 1 | $658 |
| Interim contest – subsequent day | $476 |
| Final defended hearing – daily fee | $816 |
| Settles at DRC New Model Conference or directions hearing – preparation fee | $377 |
| Final defended hearing – preparation fee | $881 |
| General preparation for New Model Conference Note: includes taking initial instructions, briefing counsel. |
$213 |
| Attendance at New Model Conference (NMC) Note: Includes preparation for conference and solicitor or counsel’s conference with client on the day of the NMC or prior to NMC. |
$568 |
Practitioners can claim these fees using ATLAS+ or submitting a tax invoice.
Travel
Where an advocate appears in the hearing of a State family cases in the Family Division of the Children’s Court which is more than 40 kilometres from the advocate’s usual place of business, a travelling fee may be paid.
This fee is calculated at the rate of 71 cents per kilometre for each kilometre of the return trip in excess of 80 kilometres, and is paid as a disbursement.