Assistance for child support matters

Assistance for child support matters

The fees payable for child support matters are detailed below. This fee schedule is effective from 1 January 2017. For fee schedules prior to 1 January 2017, see Archived versions of the Handbook.

Index

Victoria Legal Aid Family Dispute Resolution Service

Where a lawyer is in receipt of an Early Intervention/Dispute Resolution grant, the lawyer may claim:

  • the preparation for Victoria Legal Aid Family Dispute Resolution Service
  • attendance at Victoria Legal Aid Family Dispute Resolution Service
  • preparing and filing of consent orders (if applicable).

Preparation for Victoria Legal Aid Family Dispute Resolution Service or advice and negotiations

A lawyer in receipt of an Early Intervention/Dispute Resolution grant is entitled to one of the following:

Service/proceeding Lump sum
Preparation for Victoria Legal Aid Family Dispute Resolution Service including negotiations (payable only where the conference proceeds) $552
Advice and negotiations (payable only where the conference does not proceed but lawyer conducts substantial advice and negotiations)* $552
Preparation where the conference does not proceed and no substantial negotiations take place $184

*Where the matter does not proceed to the Victoria Legal Aid Family Dispute Resolution Service 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).

Representing client at conference

A lump sum of $736 is payable for representing a client at a Victoria Legal Aid Family Dispute Resolution Service conference.

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 Victoria Legal Aid Family Dispute Resolution Service fee is not payable a second time.

Where the lawyer’s office is more than 50 kilometres from the court, Victoria Legal Aid (VLA) will pay an additional $184 over the lump sum fixed, which covers either travel or briefing an agent.

Consent orders

A lump sum of $368 is payable for preparing and filing consent orders. The consent order fee is only payable where the consent orders are filed with the court.

Application in State Magistrates’ Court (finding of paternity)

A lump sum of $742 is payable for:

  • taking instructions
  • preparing documents
  • first court attendance.

Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $184 over the lump sum fixed, which covers either travel or briefing an agent.

Initiating or responding to an application in State Magistrates’ Court

A lump sum fee of $1795 is payable for:

  • taking instructions
  • communications
  • preparing documents
  • attending to filing and service
  • first court attendance
  • consent order, if appropriate.

Up to three subsequent appearance fees payable at $408 including conferences can be claimed without an extension of assistance. No additional preparation fees are payable for the subsequent hearings.

Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $184 over the lump sum fixed, which covers either travel or briefing an agent.

Transfer from State Magistrates’ Court to Federal Circuit Court

This table shows the lump sum payments for transferring matters from the State Magistrates’ Court to the Federal Circuit Court.

Service/proceeding Fee payable
Preparation $1288
Conciliation conference/interim orders $552*
Counsel’s fees – conference (up to 3 hours) $209 per hour
Counsel’s fees – appearance $1489

*Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $184 over the lump sum fixed, which covers either travel or briefing an agent.

Initiating or responding to application in Federal Circuit Court

This table shows the lump sum fees for initiating or responding to application in Federal Circuit Court.

Service/proceeding Fee payable
Preparation $1656
Conciliation conference/interim orders* $552*
Defended hearing appearance $1489
Conferences (up to 3 hours) $209 per hour

Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $184 over the lump sum fixed, which covers either travel or briefing an agent.

Enforcement of court orders

A lump sum of $2024 is payable for:

  • taking instructions
  • preparing documents
  • obtaining short service
  • court attendance.

Where the lawyer’s office is more than 50 kilometres from the court, VLA will pay an additional $184 over the lump sum fixed, which covers either travel or briefing an agent.

Appeal to Social Security Appeals Tribunal

This table shows the lump sum fees for appeals to the Social Security Appeals Tribunal (SSAT).

Service/proceeding Fee payable
Preparation $1500
Pre-hearing conference $553
Appearance before SSAT $965

Appeal to Administrative Appeals Tribunal

This table shows the lump sum fees for appeals to the Administrative Appeals Tribunal (AAT).

Service/proceeding Fee payable
Preparation $940
Pre-hearing conference $553
Appearance: conference $201
Appearance: daily fee $1564

Stay application in any court

This table shows the lump sum fees for a stay application in any court.

Service/proceeding Fee payable
Preparation $269
Appearance $796

Claiming fees

Practitioners can claim these fees using ATLAS or submitting a tax invoice.