Archived versions of the Handbook

Effective 1 January 2024, changes were implemented to the Commonwealth parenting guidelines to expand eligibility criteria in parenting litigation matters. These changes aligned our Commonwealth parenting guidelines, to ensure they are consistent across advice and negotiation, Family Dispute Resolution Service (FDRS) and litigation. These changes were also intended to make our guidelines easier and clearer for practitioners to apply.

The changes taking effect on 1 January 2024 include the following:

• Adopting the current FDRS parenting guideline across advice and negotiation, FDRS and litigation for adults in parenting matters
• Renaming the “priority FDRS client” definition to “family law priority client”

We have also taken the opportunity to change the definition of an “interim contested hearing” in the family law guidelines to align our guidelines with court terminology, and to ensure the same definition applies across family law and Independent Children’s Lawyer matters.

The above has resulted in changes to the following guidelines, along with various Notes to the Guidelines pages, the Key Definitions, and the fee tables:

• Guideline 1.1 (advice and negotiation for adults in parenting disputes)
• Guideline 1.2 (FDRS for adults in parenting disputes)
• Guideline 1.3 (litigation for adults in parenting disputes)
• Guideline 2.1 (assistance for a recovery order)
• Guideline 2.2 (assistance for a location or information order)

We also increased all professional fees by 2 per cent effective from 1 January 2024. The fee increase applies to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

Effective 1 September 2022, Guideline 4 – coronial inquest guideline changed and the following changes were implemented:

• Guideline 4 is now 4.1 and 4.2
• Updated Table N.

We also increased all professional fees by 2 per cent effective from 1 January 2023. The fee increase applies to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

We have also updated section 15 – Special circumstances. State and Commonwealth special circumstances can now be found on one page.

Effective 1 September 2022, State family law guidelines changed to Child protection guidelines. The following changes were implemented:

• Guideline 2.1 – changes to requirements for breach proceedings
• Guideline 2.3 – readiness hearings and judicial resolution conferences was added to the child protection guidelines
• Guideline 3 – has been expanded when we will provide legal assistance
• Guideline 5 – has been expanded when we will provide legal assistance
• Note on Guideline 2 – expanded the definition of extraordinary circumstances
• Updated Table A2
• Table T increased CMIA fees included in table.

Effective 22 July, Guideline 6 of the Criminal law guidelines was updated. The following changes were implemented:

• VLA’s approval of a grant of assistance would be based on a ‘reasonable basis for the bail application’, rather than the previous ‘realistic prospect of bail being granted’
• The definition of ‘reasonable basis’ replaced the previous ‘realistic prospect of bail being granted’
• Specific instances where there would always be a reasonable basis to make a bail application were stated.

We also made minor updates to:

• Guideline 4 – trials in the County or Supreme courts
• Guideline 10 – Serious Offenders Act 2018
• Table Z – Fees for applications and reviews in Serious Offenders Act 2018 proceedings
• Stage 4 – trial costs in the federal family courts
• Table K – Lump sum fees for appeals to the Court of Appeal

Effective 19 April 2022, interim COVID-19 fees were made ongoing:

• Table E – Lump sum fees for the Children's Court and Magistrates’ Court stage of an indictable crime matter
• Table F – Lump sum fees for County Court and Supreme Court stage of an indictable crime matter

Effective 1 January 2022, changes were implemented to the Commonwealth Family Law and Child Support Guidelines arising from the merger of the Federal Circuit Court and Family Court (now the Federal Circuit and Family Court of Australia (FCFCOA)), which included:

• naming and language changes as a result of the merger of the courts
• funding for attendance of legally aided lawyers at Compliance and Readiness Hearings and Trial Management Hearings
• funding for attendance of legally aided lawyers in parenting matters and independent children's lawyers (ICL) matters at the FCFCOA’s alternative Dispute Resolution Conferences
• funding for attendance of ICLs at private mediations.

This resulted in changes to Guideline 1.5 (appointment of an ICL for litigation intervention FDRS in parenting disputes), various Notes to the Guidelines pages, and the fee tables.

We also increased all professional fees by 2 per cent effective from 1 January 2022. The fee increase applies to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

Effective 8 November 2021, changes were applied to the Commonwealth and child support guidelines. As a result of an extension of funding for the Lawyer-assisted Family Law Property Mediation: Legal Aid Commission Trial (the pilot) the following key changes have been made:

• Reactivation of Guideline 9 (9.1, 9.2 and 9.3) outlining legal assistance available for property disputes under the pilot. This includes guidance notes on guideline 9 and fee table 4.4 outlining professional costs available under the pilot.

Effective 1 September 2021, we:

• created a National Redress Scheme Policy to address payments received under the National Redress Scheme
• updated the Word version of the application for grant of legal assistance
• made changes to Criminal guideline 4 (Trials in the County or Supreme Courts) to clarify what we take into account when assessing what is considered trial days
• amended Guideline 9 National Disability Insurance Scheme (NDIS), the allocation of work guideline, the means test guideline and the fees in Table CC to ensure that applications for assistance under Guideline 9 are:
  • not means tested
  • allocated to VLA lawyers
  • subject to a new fee structure which captures the complexity of NDIS matters and the legal work required, and
  • subject to the availability of the Commonwealth funds and capacity of VLA lawyers.

Effective 1 July 2021, changes were made to the forum test.

The key changes include:

• the addition of the flexible forum test guideline.

Effective 1 February 2021, Department of Health and Human Services (DHHS) changed their name to Department of Families, Fairness and Housing (DFFH).

We also made amendments to the Allocation of work guidelines so only firms that have a Panel Certifier authorised by our organisation to certify matters falling within the relevant specialist panel may be allocated work under this guideline.

We increased all professional fees by 2 per cent effective from 1 January 2021. The fee increase applies to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

Effective 1 January 2021, these changes were also made:

• We increased practitioner assessed contest days in Children’s Court Family Division from 5 to 10 days (effective 10 December 2020).
• Duplicate of the Notes on guidelines for Personal Safety Intervention Order in Chapter 10 has been deleted.

• All guidelines, applicable fees and processes prior to 1 January 2021.
• All guidelines and applicable fee tables prior to the changes on 1 January 2021.

Effective 9 October 2020, changes were made to Chapter 12 – Means Test of the Handbook, including:

• Exemptions to the assets test provides further guidance to how our discretion should be exercised if an applicant is fleeing from family violence and if an applicant is Aboriginal or Torres Strait Islander
• Final Contributions policy now exempts an assisted person who is Aboriginal or Torres Strait Islander from having to pay a contribution towards the cost of their legal services if they receive a financial settlement in a discrimination matter.

From 1 September 2020, the Assignments team underwent a restructure. The new name is Grants and Quality Assurance and is now organised into three teams:

• Stakeholder Relations
• Legal Assessments
• Quality Assurance.

Effective 1 July 2020, changes were made to:

• the process and fees claimable for s. 71/72 Family Violence Protection Act Court ordered matters
• Chapter 12 – Means Test of the Handbook, updated to exclude temporary government supplements as a result of COVID-19
• Court of Appeal conviction appeal guidelines and Table K, updated to include reference to second or subsequent appeals under Part 6.4 of the Criminal Procedure Act 2009
• limiting eligibility for child protection grants under Guideline 2.1 to exclude spouses and domestic partners (with some exceptions), and updates in the notes on guidelines and fees payable.
• the guideline for legal representation for adults in Personal Safety Intervention Order (PSIO) matters was removed.
• the guidelines, notes on guideline, worksheet for child applicants and child respondents in PSIO matters were amended.

Effective 17 February 2019, changes were made to the independent children’s lawyer (ICL) and state family law applicable fees. The key changes include:

• removing the instructing solicitor fee for ICLs
• limiting funding for Children’s Court conferencing to only one conciliation conference per matter
• requiring legal aid-funded parties to seek costs against Department of Health and Human Services (DHHS_ where reports are not filed and served as required.

Victoria Legal Aid increased all professional fees by 2 percent effective from 1 January 2020. The fee increase applies to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

Effective 1 January 2020, changes were also applied to the Commonwealth and child support guidelines. The key changes include:

• withdrawal of the combined parenting and property guidelines available under 1.9, 1.10 and 1.11
• withdrawal of professional costs payable in combined parenting and property matters.
• Introduction of the family law property pilot:
• new guideline 9 outlining legal assistance available for property disputes under the pilot
• guidance notes on guideline 9
• fee table 4.4 outlining professional costs available under pilot

All professional fees and disbursements prior to the 2 per cent increase on 1 January 2020.

All guidelines and applicable fee tables prior to the changes on 1 January 2020.

Effective 8 November 2019, changes were applied to the bail guideline. The key changes include:

• removing the requirement that:
  • prosecution actively oppose the person’s application for bail
  • the person has to show cause why bail should be granted.
• requiring revocations for bail to be made via the standards grants assessment process.

Effective 1 July 2019, changes were made to the forum test, NDIS appeals and Family Violence and Cross-Examination of Parties Scheme.

The key changes include:

• the addition of the flexible forum test pilot
• the linking of the NDIS administrative appeals guideline and associated fee table on the relevant index pages
• additional fees available under the scheme.

Effective 18 May 2019, changes were made to how we assess grants of legal assistance for National Disability Insurance Scheme (NDIS) appeals to the Administrative Appeals Tribunal (AAT).

The key changes include the introduction of a new guideline for funding of NDIS appeals to the AAT, separating it from Commonwealth civil guideline 2, and the creation of Table CC to outline the professional costs we will pay in these matters.

Effective 7 June 2019, the Family Violence and Cross-Examination of Parties Scheme was implemented. The changes include:

• a new guideline outlining legal assistance available under the scheme
• a table detailing the fees payable under the scheme
• notes on the conditions attached to the fees are payable.

Read more about the scheme and funding available in Commonwealth family law matters on the VLA website.

Effective 1 January 2019, clarifications were made to our organisation's assessment process regarding restrained property. The key clarifications included:

• that we will include a client’s restrained assets in assessing means
• that an applicant may make an application under s. 143 if aid is refused but is not required to
• that a copy of any s. 143 application must be served on our organisation and the Office of Public Prosecutions.

Effective 1 November 2018, changes in fee structures to ensure lawyers are effectively preparing for family law litigation and mediation conferences. The changes include the following:

• an evidence analysis, merits assessment and case strategy fee (equivalent to three hours at our standard hourly rate, currently $187) to cover the work involved for a lawyer or barrister undertaking this assessment, and
• the remainder of the fee to be a general lump sum fee to cover other preparation undertaken by a lawyer.

Effective 1 October 2018, changes were made to the means test. The key changes included:

• simplifying definitions (including narrowing the definition of a ‘financially associated person’)
• reducing documentary proof requirements
• 'Chapter 20 – Contributions and overdue payments' was removed, as it was incorporated into the '12 – means test content'
• rewriting the means test in plain language.

Changes were also made to criminal law Guideline 10 and the County Court breach proceedings guideline and applicable fees. The key changes included:

• updating Guideline 10 to reflect the change in legislation from Serious Sex Offenders (Detention and Supervision) Act 2009 to Serious Offenders Act 2018
• the majority of applications under Guideline 10 will now be subject to the simplified grants assessment process
• updating and improving the County Court breach proceedings guideline by specifying the various court orders that may form the basis of a breach charge and extending funding to breach proceedings in the Supreme Court
• providing fees for breach proceedings in the Supreme Court as well as the various types of applications that can be made pursuant to the Serious Offenders Act 2018.

Changes were also made to state family law guidelines and applicable fees. The key changes included:

• creating two new guidelines which increase the legal assistance available to children, young people, parents and carers to respond to an appeal against final order of the Family Division of the Children’s Court or County Court and to respond to judicial review of a decision of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal
• updating the fee structure for post conciliation conference mention fees
• increasing assistance in interim contested hearings for Aboriginal or Torres Strait Islander children.

• The means test guidelines prior to the changes on 1 October 2018
• Guideline 10 and the County Court breach proceedings guideline and applicable fees prior to the changes on 1 October 2018
• The State Family Guideline 2 and fee Table A2 prior to the changes on 1 October 2018.

Effective 1 June 2018, changes were made to the youth crime guidelines and fees. The key changes included:

• providing fees for hearings associated with the new Youth Control Order
• providing fees for hearings associated with the new Intensive Monitoring and Control Bail Supervision Scheme
• providing a fee in the Children’s Court for a summary jurisdiction application
• updating and improving the youth crime guidelines so that the definition of child aligns with the definition in the legislation.

Read more on the Victoria Legal Aid website.

Effective 2 April 2018, changes were made to the civil law guidelines. The key changes included:

• increasing the scope of mental health guidelines, and introducing a new guideline for Supervised Treatment Order matters at VCAT
• introducing a new guideline for eviction cases at VCAT
• introducing a Supreme Court appeal and judicial review guideline for certain civil law cases
• amending the infringements guideline
• amending the general Commonwealth civil law guideline.

Read more on the Victoria Legal Aid website.

• All family law guidelines prior to the redraft implemented on 3 July 2017 (section 4 of the Handbook)
• Content relating to the Commonwealth merits test (section 13 of the Handbook)
• Content relating to Costs payable in Commonwealth family law matters ((see section 24 of the Handbook)

• Fee Schedule 1M – assistance to child support matters.
• Initiating and responding to an application in a State Magistrates’ Court.

On 1 March 2016, changes to the means test were made to extend financial eligibility. The changes include increases to the following thresholds:

• assessable income (maximum net income and income cut-offs)
• housing costs, with separate thresholds introduced for metro, outer metro and regional areas
• childcare costs
• home equity
• motor vehicle equity
• allowable assets.

On 1 March 2016, substantial changes made to the Children, Youth and Families Act 2005 by the Children, Youth and Families (Permanent Care and Other Matters) Act 2014 came into effect. State Family Guidelines have been amended to take these changes into account. New State Family Guidelines 1–5 will replace the current Guidelines 1 and 2. The new Guidelines cover children, parents and third parties, IAO appeals to the Supreme Court, internal reviews of case plans and external reviews of case plans to VCAT.

• Chapter 12 – Means test: All means test thresholds prior to the changes on 1 March 2016.
• State Family Guidelines 1 and 2 are replaced with State Family Guidelines 1–5.

On 1 February 2016, the Major Criminal Cases Framework was implemented. The changes include:

• introduction of two new webpages, Notes on committal proceedings involving homicide, consent or identification (Notes 3.1) and Notes on committal proceedings in other cases (Notes 3.2)
• amendments to Guideline 3.1 - committal proceedings involving homicide, consent or identification (Guideline 3.1) and Guideline 3.2 - committal proceedings in other case (Guideline 3.2) to separate the guidelines from Notes 3.1 and Notes 3.2
• amendments to Notes on trials in the County or Supreme Courts
• amendments to the criminal law quality tools and checklists, including brief analysis and case strategy, committal report and trial preparation plan, brief and handover to counsel, post-committal negotiation checklist
• introduction of a contested committals exceeding four days worksheet
• removal of the contested committals exceeding two days worksheet, criminal trials and pleas worksheet, State and Commonwealth committals worksheet and State and Commonwealth criminal trials worksheet.

• Stage 1 – negotiations/Roundtable Dispute Management
• Stage 2 – litigation
• Stage 3 – preparation for trial
• Independent children’s lawyer proceedings – Family Court
• Independent children’s lawyer proceedings – Federal Circuit Court

On 31 July 2015, the Criminal Trial Preferred Barrister List was published. The changes are:

• amendments to Guideline 4 – trials in the County and Supreme courts (Guideline 4), to include a requirement that practitioners must only brief a Preferred Barrister for a criminal trial, unless an exception is granted in advance;
• introduction of a new webpage with Notes on trials in the County and Supreme courts (Notes) with clarification around transitional arrangements between 31 July and 30 September, exceptions to briefing a Preferred Barrister and solicitor advocates; and
• amendments to Guideline 4 to separate the guidelines from the Notes.

On 16 March 2015, new guidelines and processes were introduced to Court of Appeal matters. The changes introduced:

• a guideline for funding for matters where leave to appeal had been refused by one judge but Victoria Legal Aid considers there is merit in electing to renew the appeal before a bench of two or more
• specific merits advice requirements where the sole ground relied upon is manifest excess
• change to the grants assessment process where the appeal proceeds by way of the hearing of leave and appeal together before a bench of two or more (as opposed to where leave is determined by one judge on the papers).

• Guideline 6 – family violence protection order cases, Guideline 6a, Helping a client apply for a grant of legal assistance, Allocation of work guideline

On 1 November 2014, the allocation of work guideline was updated as a result of the summary crime, family law and child protection section 29A panels becoming exclusive.

The new guideline removes the exception for allocation of work in relation to indictable crime matters and introduces an exception for family law matters.

All references to outdated allocation arrangements were removed from relevant parts of the Handbook

• the family law guidelines up to 31 October
• Fee Schedule 1L – Family law stage of matter limits