Stage 1 – early intervention: advice, negotiation and FDRS

Under Stage 1, the following fees are available (where applicable):

• Stage 1A – advice and negotiation
• Stage 1B – preparation for early intervention FDRS
• Stage 1C – representation at early intervention FDRS
• Stage 1D – consent orders.

This fee table is effective from 1 January this year. For fees prior to this, see Archived versions of the Handbook.

Stage 1A – advice and negotiation

A lawyer in receipt of a stage 1A grant is entitled to fees in the following matters (where applicable):

• parenting disputes
• child support
• child maintenance and adult child maintenance
• spousal maintenance.

Entitlements and conditions

• The stage 1A grant is a lump sum fee.
• Where the dispute resolves with advice and negotiation, the lawyer can claim the fee for preparing and filing consent orders without an extension where they prepare the consent orders and the orders are filed with the court.
• Where an advice and negotiation grant is utilised, the lawyer’s file must show evidence that substantial advice and negotiations have taken place for compliance purposes. For more information, see the Notes on the Commonwealth family law and child support guidelines.
• Where the dispute does not resolve with advice and negotiation, and proceeds directly to either:
  • Stage 1B – preparation for early intervention FDRS, or
  • Stage 2 – initiating litigation, or
  • Stage 3 – preparation for trial.

The subsequent grant will be reduced by the amount already paid under the advice and negotiation grant. Lawyers must claim a reduced fee from the ATLAS invoice, not the full fee, for that subsequent grant.

• Where the subsequent grant is for proceedings involving a recovery order, whether or not a location or information order is also sought, the subsequent grant will not be reduced by the amount already paid for the advice and negotiation grant.

Stage 1B – preparation for early intervention FDRS

Under a stage 1B grant, fees are available (where applicable) in the following matters:

• parenting disputes
• adult child maintenance
• spousal maintenance.

1B.1 – parenting, child maintenance or spousal maintenance

Entitlements and conditions

• The stage 1B grant is a broadband grant.
• Where a stage 1A – advice and negotiation grant has been claimed in relation to the matter, there will be no further preparation fee available for 1B.1.
• Where the FDRS conference does not proceed for any reason and the lawyer seeks to claim the higher fee for advice and negotiation, the lawyer’s file must show evidence that substantial advice and negotiations have taken place for compliance purposes.
• Where the dispute resolves at this stage, the lawyer can only claim the fee for preparing and filing consent orders without an extension where they prepare the consent orders and the orders are filed with the court.
• Assistance is not available for FDRS in child maintenance or child support matters, but is available in spousal maintenance and adult child maintenance matters.
• The distance fee is available where the lawyer’s office is more than 50 km from an FDRS venue booked for an in-person conference, and the lawyer is required to travel for the conference. The fee covers either the lawyer’s travel or briefing an agent.

Stage 1C – representation at early intervention FDRS conference

Under a stage 1C grant, fees are available (where applicable) in the following matters:

• parenting disputes
• adult child maintenance
• spousal maintenance.

Entitlements and conditions

• The stage 1C grant is a broadband grant.
• Where the chairperson recommends another conference and/or the lawyer is of the view that a further conference will assist in resolving the dispute a lawyer may proceed to a further conference without an extension of assistance. The stage 1B – preparation for early intervention FDRS grant is not payable a second time.
• An extension of assistance must be obtained to attend a third conference, and will not be automatically granted.
• The distance fee is available where the lawyer’s office is more than 50 km from an FDRS venue booked for an in-person conference and the lawyer is required to travel for the conference. The fee covers either the lawyer’s travel or briefing an agent.
• Assistance is not available for FDRS in child maintenance or child support matters, but is available in spousal maintenance and adult child maintenance matters.

Stage 1D – consent orders

Under a stage 1D grant, fees (where applicable) are available to prepare and file consent orders in Commonwealth family law and child support matters.

Entitlements and conditions

• The stage 1D grant is a broadband grant.
• The lawyer can only claim the fee where they prepare the consent orders and the orders are filed with the court.