Stage 2 – initiating litigation

Counsel fees

Except in child support matters and interim contest hearings, counsel's fees are to be paid out of lump sum fees paid to lawyers. Separate fees for counsel are only payable at stages 2G, 3, 4 and 5 in family law matters.

Where a lawyer acts as solicitor advocate, the fees payable shall be the fees otherwise payable to counsel, including for conferences.

See Fee table 4.3 – counsel costs and daily circuit fees.

Stage 2A – application for determination of parentage, Magistrates’ Court

Under a stage 2A grant, fees are available (where applicable) in the following matters:

• parenting disputes
• child (and adult child) maintenance
• spousal maintenance.

Entitlements and conditions

• The stage 2A grant is a lump sum grant and covers:
  • taking instructions
  • preparing court documents
  • court attendance(s).

The 2A grant includes all necessary appearances and no subsequent appearance fees are available.

• When a fee is claimed for the client's share of the cost of parentage testing and the outcome favours the client, the lawyer is usually required to seek an order from the court for the other party to pay the full cost of the testing. For more information, see costs recovery.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2B – application for a recovery, information or location or order in any court

Under a stage 2B grant, these fees are available (where applicable):

Entitlements and conditions

• Stage 2B.1 and 2B.3 grants are lump sum grants and cover:
  • taking instructions
  • preparing court documents
  • court attendance(s)
  • preparation and filing of consent orders, where appropriate.
• In matters involving recovery, location, and information orders, either a stage 2B grant or a stage 2E – initiating litigation, Federal Circuit and Family Court (FCFCOA) grant (or stage 2C – initiating litigation, Magistrates’ Court) may be available. For information on the appropriate fee pathway, see the criteria set out in Guideline 2 – recovery, location and information orders, the Recovery order flowchart and the Location/information order flowchart, available in the Notes on the Commonwealth family law and child support guidelines.
• Under a stage 2B grant, where proceedings for the recovery or location of the child are concluded and there are other parenting issues remaining to be resolved, the lawyer is not automatically entitled to claim other appearance fees on the grant to resolve the parenting issues.
• Where the parenting issues remaining to be resolved cannot be deemed urgent under any of points 2 to 7 of the definition of urgent matter, we expect the parties to seek to resolve the remaining issues through our Family Dispute Resolution Service (FDRS) in the first instance. The lawyer should assess the matter against the relevant FDRS guideline (guideline 1.2 or 1.7) and apply for a stage 1B – preparation for early intervention FDRS and stage 1C – representation at FDRS conference, where the guideline is met.
• The person requesting assistance for an application for a recovery order must seek a costs order against the other party from the court. For more information, see costs recovery.
• Where the interim contested hearing fees are intended to be claimed, the same guidelines for a stage 2G grant apply.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2C – initiating litigation, Magistrates’ Court

Under a stage 2C grant, fees (where applicable) to initiate court proceedings in the Magistrates’ Court for final or interim orders in Commonwealth family law and child support matters, excluding applications for:

• parentage determinations (see Stage 2A) or
• recovery, location or information orders (see Stage 2B).

Where the matter is transferred to the FCFCOA, the lawyer will be entitled to a stage 2D and three further stage 2F grants, available on the same invoice.

Entitlements and conditions

• The stage 2C.1 grant is initially a lump sum fee and covers:
  • taking instructions for initiating court proceedings and for affidavits
  • communications
  • preparing documents
  • filing and service of documents
  • obtaining short service
  • court attendance
  • obtaining consent orders, if appropriate.

In all matters other than child support matters, this includes all court appearances. No additional appearance fees are payable unless the matter is transferred to the FCFCOA.

• In child support matters, up to three additional appearance fees are available.
• Where proceedings are transferred to the FCFCOA, the stage 2C.1 fee becomes a broadband grant, and the lawyer will be entitled to:
  • a Stage 2D – transfer from state Magistrates' Court to the FCFCOA grant, and
  • in family law matters, one subsequent hearing, one compliance and readiness hearing and one trial management hearing in the FCFCOA (Stage 2F grants).

without an extension of assistance.

• Where an advice and negotiation grant has been claimed in relation to the matter, the stage 2C grant will be reduced by the amount already paid under the advice and negotiation grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant. Where the 2C grant follows the advice and negotiation grant, lawyers must claim a reduced fee from the ATLAS invoice, not the full fee for that subsequent grant.
• Except for child support matters, the distance fee is not available under this grant as it is expected that proceedings will be issued in the nearest court.

Stage 2D – transfer from state Magistrates’ Court to Federal Circuit and Family Court (FCFCOA)

Under a stage 2D grant, fees are available (where applicable) to transfer proceedings from the state Magistrates Court to the FCFCOA in Commonwealth family law and child support matters.

Child support matters only

Procedural appearances

Stage 2D table note: 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.

Entitlements and conditions

• The stage 2D grant is a lump sum grant and covers:
  • preparation
  • court documents
  • court appearances.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2E – initiating litigation, Federal Circuit and Family Court (FCFCOA)

Under a stage 2E grant, fees are available (where applicable) to initiate or respond to litigation in the FCFCOA.

Parenting matters

Procedural appearances

Stage 2E table note: 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.

Child support matters only

Entitlements and conditions

• The stage 2E grant is a broadband grant.
• Stage 2E.1 grant covers:
  • taking instructions for initiating court proceedings and for affidavits
  • communications
  • preparing documents
  • attending to filing and service
  • obtaining short service
  • court attendance (including case assessment conference)
  • consent order, if appropriate.
• A lawyer in receipt of a stage 2E.1 grant will be entitled to:
  • one subsequent appearance fee, one compliance and readiness hearing, one trial management hearing (all stage 2F grants) and fees for one interim contested hearing (stage 2G grant) without an extension of assistance, and
  • fees for procedural appearances without an extension of assistance.
• In matters involving recovery, location and information orders, either a stage 2B or a stage 2E (or stage 2C ) grant may be available. For information on the appropriate fee pathway, see the criteria set out in Guideline 2 – recovery, location and information orders, the Recovery order flowchart and the Location/information order flowchart available in the Notes on the Commonwealth family law and child support guidelines.
• Where an advice and negotiation grant has been claimed in relation to the matter, the stage 2E.1 grant will be reduced by the amount already paid under the advice and negotiation grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant. Lawyers must claim the reduced fee on their ATLAS invoice, not the full fee for that subsequent grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant.
• Where the interim contested hearing fees are intended to be claimed, the same guidelines for a stage 2G grant apply.
• Except for child support matters, where counsel is briefed under a stage 2E.1 grant, no additional fees are available. Fees for counsel are to be paid out of this fee. Separate fees for counsel are only available at stages 2G, 3, 4 or 5.
• Except for child support matters, where the lawyer appears at any of the procedural events, the relevant fee is available without an extension of assistance.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2F – subsequent hearing, compliance and readiness hearing, or trial management hearing Federal Circuit and Family Court (FCFCOA)

Under a stage 2F grant, fees are available (where applicable) for a subsequent appearance in the FCFCOA, in Commonwealth family law matters, excluding child support.

Entitlements and conditions

• The stage 2F grant is a broadband grant.
• Where counsel is briefed under a stage 2F grant, no additional fees are available. Fees for counsel are to be paid out of this fee. Separate fees for counsel are only available at stages 3, 4 or 5.
• A lawyer in receipt of a Stage 2E grant will be entitled to one subsequent appearance fee, one compliance and readiness hearing and one trail management hearing (stage 2F grants) without an extension of assistance.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2G – interim contest hearing, Federal Circuit and Family Court (FCFCOA)

Under a stage 2G grant, fees are available (where applicable) for an interim contest hearing in the FCFCOA, in Commonwealth family law matters excluding child support.

Entitlements and conditions

• The stage 2G grant is a lump sum grant.
• The term ‘interim contest hearing’ covers court events where the parties are not in agreement about what arrangements should be in place until the matter can be finally determined, and the court conducts a hearing to make interim orders pending final hearing. The interim contest hearing fee is only available when the matter is listed for an interim hearing, an interim contest hearing or interim defended hearing.
• Procedural hearings in the FCFCOA, such as callovers, mentions and directions hearings, cannot be characterised as an interim contest hearing and do not attract the stage 2G fee. For these court events, fees set out in Stage 3B – procedural hearings in the Federal Circuit and Family Court (FCFCOA) are available.
• Where a matter is listed as a procedural hearing and the matter is dealt with as an interim contest hearing, the lawyer can apply for an uplift to a stage 2G.2 fee on the day or shortly after the hearing date. The interim orders made on the day must be provided to us in support of the request.
• Where an advice and negotiation grant has been claimed in relation to the matter, the stage 2G grant will be reduced by the amount already paid under the advice and negotiation grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant. Lawyers must claim the reduced fee on their ATLAS invoice, not the full fee.
• The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.
• Counsel’s trial fees outlined in fee table 4.3 are also payable in some circumstances (see stage 2G.2).
• Conference fees are not payable under a stage 2G grant.
• Circuit fees (see fee table 4.3) or distance fees can be requested where appropriate.

Stage 2H – litigation intervention FDRS or Court-based Dispute Resolution Conference (DRC)

Under a stage 2H grant, fees are available (where applicable) for litigation intervention FDRS at our Family Dispute Resolution Service (FDRS) or court-based DRC in Commonwealth family law matters, excluding child support and child maintenance.

See stage 1B fee of fee table 4.2 – independent children’s lawyer professional costs for fees available to ICLs.

Litigation intervention FDRS

Court-based DRC

Entitlements and conditions

• The stage 2H grant is a broadband grant. In all matters except international child abduction matters, lawyers can claim for up to two conferences attended, without a further extension of assistance. In international child abduction matters, lawyers can claim for up to three conferences attended without a further extension of assistance.
• The lawyer can only claim the consent order fee where they prepare the consent orders and the orders are filed with the court.
• The distance fee is available where the lawyer’s office is more than 50 km from an FDRS venue or court 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 2H.4 covers preparation for the conference, including the lawyer’s attendance at Part 1 of the DRC.
• Stage 2H.6 conference uplift grant can be claimed in addition to the stage 2H.5 grant as follows:
  • Where a matter is listed as a full day conference, the practitioner is entitled to the entire uplift fee.
  • Where a matter is listed as a half day conference but runs overtime, the practitioner is entitled to an additional hour of the uplift fee for each additional hour of the conference, up to three hours. Counsel’s backsheet or the lawyer’s court attendance note must outline what occurred on the day, including the time the conference concluded.
• Note: FDRS and DRCs are not available in child support or child maintenance matters.

Stage 2I – application for contravention, enforcement or contempt proceedings, Federal Circuit and Family Court (FCFCOA)

Under a stage 2I grant, fees are available (where applicable) for contravention, enforcement or contempt proceedings in Commonwealth family law matters and child support matters.

Entitlements and conditions

• The stage 2I fee is a lump sum grant and covers:
  • taking instructions for initiating court proceedings and for affidavits
  • communications
  • preparing documents
  • obtaining short service
  • court attendances (including case assessment conference)
  • consent order, if appropriate.

The stage 2I fee includes all necessary appearances. No subsequent appearance fees are available.

• Except for child support matters, where counsel is briefed under a stage 2I grant, no additional fees are available. Fees for counsel are to be paid out of this fee. Separate fees for counsel are only available at stages 2G, 3, 4 or 5.
• The distance fee is available where the lawyer’s office is more than 50 km from court, and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2J – appeals to Administrative Appeals Tribunal (AAT) in child support matters

Under a stage 2J grant, fees are available (where applicable) for appeals to the AAT in child support matters.

First appeal: review of a decision of the Child Support Registrar

Second appeal: review of a decision of the Social Services and Child Support Division of the AAT

Appearance in defended matter

Entitlements and conditions

• The stage 2J fee is a lump sum grant.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2K – stay application in child support matters, any court

Under a stage 2K grant, fees are available (where applicable) for stay applications in child support matters.

First appeal – review of a decision of the Child Support Registrar

Entitlements and conditions

• The stage 2K fee is a lump sum grant.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 2L – transfer fee

Under a stage 2L grant, fees are available (where applicable) where a practitioner accepts a transfer of a Commonwealth family law or child support litigation file.

Entitlements and conditions

• The stage 2L fee is a lump sum grant and covers:
  • reviewing a file
  • taking instructions
  • communications
  • preparing documents
  • attending to filing and service
• The matter must have reached the litigation stage to claim this fee, and this fee is not available for pre-litigation file transfers (i.e. prior to proceedings being issued).