Stage 2 – litigation for ICLs

Stage 2 – litigation for ICLs

Under a stage 2 grant, fees are available (where applicable) to an independent children's lawyer (ICL):

This fee table is effective from 1 January 2017. For fees prior to this, see Archived versions of the Handbook.

Stage 2A – preparation for trial, federal family courts (ICL)

Under a stage 2A grant, fees are available (where applicable) to an independent children's lawyer:

Family Court

Service/proceedings Court Fee
2A.1 – preparation for trial estimated at one to four days (ICL) Family court $1288
2A.2 – preparation for trial estimated at five days or more (ICL) Family court $1840
Counsel daily fee Family court $1489
Counsel’s conference (up to 3 hours at $209 per hour) Family court Up to $627

Federal Circuit Court

Service/proceedings Court Fee
2A.3 – preparation for trial (ICL) Federal Circuit Court $1104

Entitlements and conditions

  • The 2A grant is a broadband grant.
  • The 2A.1, 2A.2 and 2A.3 fees cover:
    • communications
    • interviewing witnesses
    • preparing documents
    • reading family report or hearing oral report
    • reading all affidavits and trial documents
    • preparing for cross-examination and submissions or argument
    • briefing counsel
    • conference with counsel (2A.3 fee only).

Stage 2B – procedural hearings, federal family courts (ICL)

Under a stage 2B grant, fees are available (where applicable) to an independent children's lawyer:

Procedural appearances

Service/proceedings Court Fee
Inspecting subpoenaed documents* Federal family courts $368
Appearance at defended subpoena list Federal family courts $552
Telephone mention Federal family courts $184
Mention, directions hearing or callover Federal family courts $368
Distance allowance N/A $184

*The fee to attend court to inspect subpoenaed documents is payable per attendance, not per document. Lawyers are expected to minimise the need for multiple attendances to inspect documents. This is because the inspection of documents is considered to be preparation for trial and should primarily be covered by the 3A lump sum fees.

Entitlements and conditions

  • The 2B grant is a broadband grant.
  • Where the ICL appears at any of these events, they will be entitled to any of these fees without an extension of assistance.
  • The distance fee is available where the ICL's office is more than 50 km from court and the ICL is required to travel for the court event. The fee covers either the ICL's travel or briefing an agent.

Stage 2C – additional preparation fees (ICL)

Under a stage 2C grant, fees are available (where applicable) to an independent children's lawyer:

Service/proceedings Court Fee
Additional preparation fees in exceptional circumstances Federal family courts $184 per hour

Entitlements and conditions

This fee will only be available in exceptional circumstances, such as where trials are adjourned for a lengthy period.