Stage 3 – preparation for trial

Stage 3 – preparation for trial

This fee schedule is effective from 1 January 2017. For fee schedules prior to 1 January 2017, refer to Archived versions of the Handbook.

Index

Stage 3(a) Preparation for and first day of trial in the Family Court

The lump sum shown in the following table covers:

  • taking instructions
  • interviewing witnesses
  • preparing documents
  • briefing counsel
  • correspondence
  • negotiation.
Service/proceeding Non-section 29A panel lump sum Section 29A panel lump sum
Estimated hearing (1 day) – children  only $1050 $1104
Estimated hearing (1 day) – children and property $1400 $1472
Estimated hearing (more than 1 day) – children only $1750 $1840
Estimated hearing (more than 1 day) – children and property $2100 $2208
Counsel’s conferences up to 3 hours at $205 per hour (additional conferences will not be allowed in Stage 3(c)) $627 $627
Brief $1489 $1489

Stage 3(b) Applications in the Family Court or Federal Circuit Court

The following table shows the lump sum payments for Stage 3(b) applications in the Family Court or Federal Circuit Court.

A lawyer in receipt of a grant pursuant to Stage 3 will be entitled to any of the grants in the table without an extension of assistance.

Some of these court events may occur where a lawyer is in receipt of a Stage 2 grant only. In that event, the lawyer will be entitled to any of the grants in the table without an extension of assistance.

Service/proceeding Non-section 29A panel lump sum Section 29A panel lump sum
Callover, mention $350* $368*
Subpoena List $350* $368*
Subpoena List (objection) $525* $552*
Telephone mention $175 $184

* Where the lawyer’s office is more than 50 kilometres from the court, Victoria Legal Aid (VLA) will pay an additional $175 (non-section 29A panel practitioner) or $184 (section 29A panel practitioner) over the lump sum fixed, which covers either travel or briefing an agent.

Stage 3(c) Preparation for and continuation of trial in Family Court

The lump sum shown in the following table covers:

  • taking further instructions
  • subpoena witnesses
  • preparing documents
  • conferring with counsel, correspondence and negotiation.
Service/proceeding Non-section 29A panel lump sum Section 29A panel lump sum
Estimated further hearing of one day $875 $920
Estimated further hearing up to three days $1225 $1288
Estimated further hearing of 4 days or more $2275 $2392
Counsel's fees $1489 $1489
Judgment $209 $209

Stage 3(d) Preparation for trial in Federal Circuit Court

The lump sum fee shown in the following table covers:

  • taking instructions
  • interviewing witnesses
  • preparing documents
  • preparing client for family report process
  • subpoenas
  • case management directions
  • preparing and delivering brief to counsel
  • reading family report
  • conference with counsel.
Service/proceeding Non-section 29A panel Lump Sum Section 29A panel Lump Sum
Estimated hearing (1 day) $1400 $1472
Estimated hearing (more than 1 day) $2450 $2576

Stage 3(e) Additional preparation fees

In exceptional circumstances additional preparation fees calculated at the rate of $175 per hour (non-section 29A panel member) or $184 per hour (section 29A panel member) may be allowed. This would ordinarily only arise where trials are adjourned. When assessing an application for further preparation fees regard shall be had to the total preparation allowed for stages 3(a), 3(c) and 3(d).