Stage 1 – first court hearing and FDRS for ICLs

Stage 1A – preparation and first appearance (ICL)

Under a stage 1A grant, fees are available to an independent children's lawyer (where applicable).

Entitlements and conditions

• The stage 1A grant is a broadband grant. The grant covers:
  • preparation
  • conference
  • communications
  • court attendance
  • filing and service
  • taking judgement.
• An ICL in receipt of a stage 1A grant will be entitled to:
  • one subsequent hearing, one compliance and readiness hearing, one trial management hearing (all stage 1B grants) and fees for one interim contest hearing (stage 1C grant) without an extension. An extension is required for stage 1D grants
• If counsel is briefed for stage 1A court attendance, counsel’s fees (see Fee table 4.3) are payable out of this fee, subject to the following conditions:
  • Counsel’s fees are not payable where a matter is in the list but not reached
  • Instructing fees are not payable.
• Where the ICL appears at any of the procedural events, those fees are available without an extension of assistance.
• Where the interim contest hearing fees are intended to be claimed, the same guidelines for a stage 1C grant apply.
• A grant for disbursements for assessment reports may be available in certain circumstances. Refer to Table Q.
• The distance fee is available where the ICL's office is more than 50 km from court and the ICL is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 1B – subsequent hearing or compliance and readiness hearing or trial management hearing (ICL)

Under a stage 1B grant, fees are available to an independent children's lawyer (where applicable):

Procedural appearances

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 1B grant is lump sum grant.
• The distance fee is available where the ICL's office is more than 50 km from court and the ICL is required to travel for the court event. The fee covers either the ICL's travel or briefing an agent.

Stage 1C – interim contest hearing (ICL)

Under a stage 1C grant, fees are available to an independent children's lawyer (where applicable):

Entitlements and conditions

• The stage 1C 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 in order 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 (sometimes referred to as interim hearings), cannot be characterised as an interim contest hearing and do not attract the stage 1C fee. For these court events, fees set out in stage 3B – procedural hearings, 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 ICL can apply for an uplift to a stage 1C 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.
• The fee for taking judgement is available where the appearance is required on a separate day to receive the judgement.
• Circuit fees (see fee table 4.3) or distance fees can be requested where appropriate.
• If counsel is briefed for stage 1C court attendance, counsel’s fees (see fee table 4.3) are payable in addition to this fee, subject to the following conditions:
  • Counsel’s fees are not payable where a matter is in the list but not reached
  • Instructing fees are not payable
  • Conference fees are not payable.

Stage 1D – litigation intervention FDRS or Dispute Resolution Conference (DRC) or private mediation

Under a stage 1D grant, fees are available to an independent children's lawyer (where applicable):

Litigation intervention FDRS

Court-based DRCs

Private mediation

Entitlements and conditions

• The stage 1D grant is a broadband grant. In all matters attending private mediation, ICLs can claim one conference attended without further extension of assistance. In matters attending litigation intervention FDRS or court-based DRC, except international child abduction matters, ICLs can claim for up to two conferences attended, without a further extension of assistance. In international child abduction matters, ICLs can claim for up to three conferences attended without a further extension of assistance.
• Where the ICL attends the litigation intervention FDRS conference but it is adjourned, the stage 1D.3 fee is payable.
• Stage 1D.6 or 1D.9 conference uplift grant can be claimed in addition to the stage 1D.5 or 1D.8 grant as follows:
  • Where a matter is listed as a full day conference or mediation, the practitioner is entitled to the entire uplift fee.
  • Where a matter is listed as a half day conference or mediation 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 or mediation concluded.
• The ICL can only claim the consent orders fee where they prepare the consent orders and the orders are filed with the court.