Guideline 7.2 – appointment of an ICL in litigation relating to special medical procedures involving a child

Guideline 7.2 – appointment of an ICL in litigation relating to special medical procedures involving a child

Note: The lawyer is not required to assess eligibility under this guideline. Grants under this guideline are assessed by Victoria Legal Aid (VLA) and allocated to practitioners on the independent children's lawyer (ICL) panel.

VLA may make a grant of assistance for a child to be represented by an ICL in litigation relating to special medical procedures involving the child, including in appeals (see Guideline 8), where:

  1. a court orders separate representation of the child and asks us to appoint an ICL
    and
  2. we decide that it is reasonable in the circumstances to make a grant of legal assistance for separate representation of the child.

ICLs may also get assistance for ongoing work necessary for the implementation of orders.

Documentary requirements

Applications for assistance under this guideline are not administered via the simplified grants process, but are assessed by us. Lawyers submitting an application in ATLAS must ensure that evidence supporting the application is uploaded to ATLAS with the application.

Appearing and instructing as an ICL

We encourage the ICL to appear as solicitor advocate at final hearings, but the ICL is not required to do so.

Where the ICL has briefed counsel to appear at the final hearing, we may provide a limited instructing fee for the ICL to instruct at key points of the final hearing.

Fees avai​lable

For information about fees available for a grant under this guideline, see Fee table 4.2.

Costs where an ICL is appointed

In matters where an ICL is appointed in a parenting disputes matter, parties may be required to contribute to the costs of the ICL. This requirement does not apply in proceedings about special medical procedures involving a child.

Notes on this guideline

For commentary and examples on the eligibility criteria, grants assessment process, documentary requirements and fees and billing relevant to this guideline, see the Notes on guideline 7.2.