Fees payable under the Family Violence and Cross-Examination Scheme

Where a lawyer is in receipt of assistance under the Family Violence and Cross-Examination of Parties Scheme in the Federal Circuit and Family Court of Australia (FCFCOA), the fees payable are outlined on this page and in accordance with Victoria Legal Aid's (VLA’s) fees as contained in Fee Table 4. The fees outlined in these tables should be read in conjunction with Fees – entitlements and conditions.

Fees payable under the scheme

Stage 2G – interim contested hearing

Service/proceedingsCourtFee
2G.1 – prepare for an interim contestFCFCOA$1040
2G.2 – appearance in an interim contest hearing (defended daily fee)FCFCOA$1707
Take judgmentFCFCOA$237

Stage 2H – litigation interv ention FDRS

Service/proceedingsCourtFee
2H.1 – preparation for litigation intervention FDRS conferenceFDRS$208
2H.2 – representing client at litigation intervention FDRS conference (limited to 1 conference)FDRS$832
2H.3 – attendance at litigation intervention FDRS when the conference does not proceedFDRS$208
Preparing and filing consent ordersAny court$416
Distance allowance (all matters)FDRS$208

Stage 3A – preparation and first day of trial, FCFCOA (Division 1) (parenting matters)

Service/proceedingsCourtFee
3A.1 – preparation for hearing estimated at one dayFCFCOA (Division 1) $1248
3A.2 – preparation for hearing estimated at more than one dayFCFCOA (Division 1)$2080

Stage 3C – further preparation and continuation of trial, FCFCOA (Division 1)

Service/proceedingsCourtFee
3C.1 – preparation for further hearing, estimated at one dayFCFCOA (Division 1) $1040
3C.2 – preparation for further hearing, estimated at up to three daysFCFCOA (Division 1)$1456
3C.3 – preparation for further hearing, estimated at four days or moreFCFCOA (Division 1)$2704

Stage 3D – preparation for trial, FCFCOA (Division 2)

Service/proceedingsCourtFee
3D.1 – preparation for hearing, estimated at one dayFCFCOA (Division 2) $1664
3D.2 – preparation for hearing, estimated at more than one dayFCFCOA (Division 2)$2912

Stage 3E – additional preparation, FCFCOA (Division 2)

Service/proceedingsCourtFee
3E – additional preparationFCFCOA$208 per hour

Stage 4 – trial appearances

Service/proceedingsCourtFee
4.1 – defended daily feeFCFCOA$1707
4.2 – counsel’s conference (up to 3 hours at $237 per hour)FCFCOAUp to $711
Take judgmentFCFCOA$237

Procedural appearances

Service/proceedingsCourtFee
Case management, mention, directions hearing, calloverFCFCOA$416
Inspecting subpoenaed documents*FCFCOA (Division 1)$416
Appearance at defended subpoena listFCFCOA (Division 1)$624
Telephone mentionFCFCOA (Division 1)$208
Distance allowanceFCFCOA$208

*The fee to attend court to inspect subpoenaed documents is payable per attendance, not per document. Lawyers are expected to minimise the need for multiple attendances to inspect documents. This is because the inspection of documents is considered to be preparation for trial and should primarily be covered by the 3A lump sum fees.

Stage 5 – appeal to a single judge

Service/proceedingsCourtFee
5.1 – preparationFCFCOA (Division 1)$2496
5.2 – counsel daily feeFCFCOA (Division 1)$1327
Take judgmentFCFCOA (Division 1)$237

Stage 5 – appeal to the full court

Service/proceedingsCourtFee
5.3 – preparationFCFCOA (Division 1)$2080
5.4 – counsel daily feeFCFCOA (Division 1)$1707
Take judgmentFCFCOA (Division 1)$237

Daily circuit fees

CourtFee
Albury$383
Bairnsdale$369
Ballarat$235
Bendigo$276
Castlemaine$220
Geelong$199
Hamilton$383
Mildura$468
Morwell$282
Sale$333
Shepparton$319
Traralgon$283
Warrnambool$369

Disbursements

VLA will reimburse the following disbursements:

  • any court fees required to be paid by a legally assisted person
  • interpreters' fees
  • service fees
  • disbursements which have prior written approval of VLA.

In exceptional circumstances, VLA may consider providing assistance for other disbursements in accordance with Table Q – Expert reports and court attendances in family law matters.

Updated