Principles applying to family law matters generally

Principles applying to family law matters generally

Where the State Magistrates’ Court and/or the Federal Circuit Court is the most appropriate court Victoria Legal Aid (VLA) will not normally grant assistance for proceedings in the Family Court.

The fees set out in this section are either lump sums or stage of matter limits.

Where a lump sum fee is fixed it will only be payable when the stage is substantially completed. In the event that the stage is not substantially completed an itemised bill on the appropriate scale, but not exceeding the lump sum, should be submitted.

Where a stage of matter limit is fixed, or where it is otherwise necessary submit an itemised bill, the following scales shall apply:

  • Family Court – 80 per cent of Family Court Scale
  • Federal Circuit Court – 80 per cent of Family Court Scale
  • Magistrates’ Court – 64 per cent of Family Court Scale

Note: Court time includes waiting but does not include travelling time.

Lawyers are required to submit a bill at the conclusion of each stage and an extension of assistance for the next stage will not usually be granted until such bill has been received. Any amount not claimed at one stage cannot be carried forward to the next stage.