Stage 3 – trial costs for ICLs

Stage 3 – trial costs for ICLs

Under a Stage 3 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 3A – trial costs for ICLs

Under a stage 3A grant, fees are available (where applicable) to an independent children's lawyer:

Service/proceedings Court Fee
3A.1 – instructing fee in limited circumstances (5 hours per day maximum) Federal family courts $184 per hour, up to $920 per day
Defended daily fee Federal family courts $1489*
Conference (2 hour maximum at $209 per hour) Federal family courts up to $418
Take judgment Federal family courts $209

*In matters appearing in the Less Adversarial Trial stream, if the first day of trial is run as a directions hearing and no evidence is taken, the appropriate appearance fee is $565, and not the defended daily fee of $1489 listed.

Entitlements and conditions

  • The stage 3A grant is a broadband grant.
  • Where counsel is briefed, the 3A.1 instructing fee is available only at key points of the final hearing where it is:
    • a Magellan matter or a complex matter
      and
    • essential for the ICL to act as instructor in the proceedings in order to form an opinion as to what is in the child’s best interests based on the evidence.
  • The defended daily fee, conference fee and take judgment fee are available where the ICL appears as solicitor advocate.
  • The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.