Stage 2 – litigation for ICLs

Under a stage 2 grant, fees are available (where applicable) to an independent children's lawyer (ICL):

• Stage 2A – preparation for trial, Federal Circuit and Family Court (FCFCOA)
• Stage 2B – procedural hearings, Federal Circuit and Family Court (FCFCOA)
• Stage 2C – additional preparation fees

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

Stage 2A – preparation for trial, Federal Circuit and Family Court (FCFCOA) (ICL)

Under a stage 2A grant, fees are available (where applicable) to an independent children's lawyer:

FCFCOA (Division 1)

FCFCOA (Division 2)

Entitlements and conditions

• The 2A grant is a broadband grant.
• The 2A.1, 2A.2 and 2A.3 fees cover:
  • communications
  • interviewing witnesses
  • preparing documents
  • reading family report or hearing oral report
  • reading all affidavits and trial documents
  • preparing for cross-examination and submissions or argument
  • briefing counsel
  • conference with counsel (2A.3 fee only).
• The stage 2A.4 fee is a lump sum fee and covers negotiating settlement of a matter prior to final hearing. The fee can only be claimed after a final hearing has been listed, up to the first day of final hearing. This fee is not payable in circumstances where a matter resolves prior to the listing of final hearing or where the matter resolves at a hearing or dispute resolution conference heard after the matter is listed for final hearing. It is also not payable from when the matter reaches the first day of final hearing.
• The preparation fee can only be claimed in addition to the stage 2A.4 fee where preparation for final hearing (see above description) has been undertaken prior to final hearing.

Stage 2B – procedural hearings, Federal Circuit and Family Court (FCFCOA) (ICL)

Under a stage 2B grant, fees are available (where applicable) to an independent children's lawyer:

Procedural appearances

*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 2B grant is a broadband grant.
• Where the ICL appears at any of these events, they will be entitled to any of these fees without an extension of assistance.
• 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 2C – additional preparation fees (ICL)

Under a stage 2C grant, fees are available (where applicable) to an independent children's lawyer:

Entitlements and conditions

This fee will only be available in exceptional circumstances, such as where trials are adjourned for a lengthy period.