Urgent grants
Where a lawyer obtains an urgent grant for a Family Violence Protection Act 2008 case, or the matter for which aid is sought is to be heard on the date the application is received or the following day, the urgent grant fee (for preparation) in Table A4 applies. At all other times the standard preparation fees in Table A4 apply.
Where the matter proceeds before a magistrate and evidence is called, a contest appearance fee of $578 may be claimed. In the event that the contested hearing is likely to be of an extraordinary duration, VLA must be notified of the number of days the matter is listed for hearing.
Where the matter does not proceed to a contest
In the event that a matter is listed for a contest but on the day does not proceed to a contest, the appearance fee of $412 is claimable. There is no provision in Table A4 for a higher fee where the matter is listed for contest but does not proceed as a contest. Only if the matter proceeds and evidence is called is the fee of $578 claimable.
Directions hearing
For adult applicants seeking assistance guideline 8.1, funding for directions hearing is only available where the applicant meets the definition of a priority family violence client. Assistance is otherwise not available until the adult applicant’s case is actually listed for contested hearing.
Multiple complainants or defendants
Where a lawyer acts for multiple complainants and/or defendants or in circumstance of a cross-complaint, only one lump sum fee per Table A4 is payable.
Updated