Table A2 – Standard fees in Child protection cases in the Family Division of the Children’s Court

Table A2 shows the standard fees payable by Victoria Legal Aid (VLA) in Child protection cases in the Children's Court (Family Division).

These fees are effective from 1 January this year. For fees payable prior to this see Archived versions of the Handbook.

These fees cover all necessary work. VLA will not allow claims for additional work, except as provided for as follows:

Mentions and conciliation conferences

• VLA will pay for four mentions and four adjournments without any extensions of aid
• The mention fee is payable if the mention:
  • proceeded as a submissions contest
  • an application for costs was made
  • a final order was made
  • a new interim accommodation order was made or varied which changes the child's placement
  • an interim accommodation order contact condition is varied to change supervision requirements or to include or vary a progressive contact schedule or plan
• The adjournment fee is payable for a mention in all other circumstances.
• Where a matter has been listed for a conciliation conference, VLA will pay the preparation and appearance fees in the Table A2.
• Preparation and appearance fees will only be paid, where a lawyer has verified and documented that their client continues to meet the state reasonableness test and all specific eligibility requirements in the relevant guideline.
• Where a lawyer has been unable to take instructions, specifically for a conciliation conference, then neither of the conciliation conference fees are payable.
• Where a lawyer is unable to satisfy the Children's Court conciliation preparation requirements including the preparation of information Exchange Documents, the conciliation conference documents preparation fees is not payable.
• An appearance fee is not payable unless the requirements of the conciliation conference preparation fee and the conciliation conference document preparation fee are met.
• The appearance fee includes any attendance at the post-conciliation conference mention held on the same day. If the mention is held on another day the post-conciliation conference mention fee is payable
• Where a lawyer attends a conciliation conference which does not proceed, the adjourned conciliation conference fee is payable. This fee includes attendance at the post-conciliation conference mention held on the same day. Where the mention is held on another day the post-conciliation conference mention fee is payable.
• Where a conciliation conference proceeds beyond three hours, an hourly rate of $171 is payable in addition to the attendance fee. This hourly rate is only applicable where the conference itself proceeds beyond three hours, and does not apply to time at court following the conciliation conference.
• Where counsel is briefed to attend the conciliation conference, counsel must be briefed at the attendance at conciliation conference fee in Table A2 Stages 1, 2 & 5 which includes a conference between counsel and the client to prepare for the conference and attendance at the post-conciliation conference mention held on the same day or in the alternative for the adjourned conciliation fee if the conference does not proceed.
• VLA will pay the conciliation conference settlement fee in the Table A2 if the matter settles at conciliation conference.

Readiness hearing, judicial resolution conference and directions hearing

• In the event that the application proceeds to a readiness hearing, judicial resolution conference or directions hearing an extension of assistance is required.
• Preparation for readiness hearing or judicial resolution conference fee may be claimed. In case of a readiness hearing, preparation includes taking instructions, providing advice, negotiation and preparation of the readiness certificate. In the case of a judicial resolution conference, preparation includes taking instructions, providing advice, negotiation and preparation of a case strategy plan.
• Only one readiness hearing or judicial resolution conference appearance fee may be claimed.
• A post-readiness hearing mention will only be funded where the lawyer assesses that it is likely that the matter will resolve on a final basis at the post-readiness hearing mention.
• Only one post-readiness hearing mention may be claimed.
• A directions hearing will only be funded where there is more that three months between the readiness hearing or judicial resolution conference and the final contest.
• A directions hearing is only payable if the matter is listed for a final defended hearing.
• Only one directions hearing will be funded before a final context.
• If a final defended hearing is unable to proceed and is adjourned to a date more that three months away. and the matter is listed for another directions hearing, a second directions hearing may be funded.

Interim contest and final defended hearing

• In the event that the application proceeds to an interim contest or final defended hearing an extension of assistance is required
• VLA will pay the preparation fee in Table A2 in Stages 1, 2 & 5 for final defended hearing as follows:
  1. General preparation
  2. Inspection of subpoena material
  • The subpoena inspection fee is payable where a subpoena has been released and inspections undertaken. The fee may be paid to Counsel if Counsel undertake the inspection
• Fees for a second or subsequent day of hearing: where the interim contest or defended hearing continues beyond one full day, VLA will pay an additional fee for every day or part of a day beyond the first day of defended hearing in accord with the fees set out in Table A2

Other hearings

• In the event that the application proceeds to an interim accommodation order appeal hearing an extension of assistance is required pursuant to Guideline 3
• Applications for internal reviews of case planning decisions under Guideline 4.1 are new applications for assistance. Applications for external reviews are by way of extension on a pre-existing grant under Guideline 4.1 or a new application where the internal review has been undertaken without a grant of legal assistance.

Practitioners can claim these fees using ATLAS.

Practitioners can claim these fees using ATLAS. Applications under Guideline 3 are made via an extension of the substantive Child Protection grant in ATLAS.

Practitioners can claim these fees using ATLAS. Applications under Guideline 4.1 are submitted as a new application on ATLAS. Applications under Guideline 4.2 can be submitted as either a new application or an extension on a grant under Guideline 4.1 on ATLAS.

No travel fee is payable for internal case plan reviews as these matters are paper based. Travel is payable in the circumstances and at the rate set out below for external case plan reviews.

Lump sum fees for appeals in the County Court

Practitioner can claim these fees using ATLAS.

Lump sum fees for judicial review and appeal in the Supreme Court

Practitioners can claim these fees using ATLAS.

Travel

Where an advocate appears in the hearing of a child protection case in the Children's Court (Family Division) which is more than 40 kilometres from the advocate’s usual place of business, a travelling fee may be paid.

This fee is calculated at the rate of 81 cents per kilometre for each kilometre of the return trip in excess of 80 kilometres, and is paid as a disbursement. VLA will pay $177 for every necessary overnight stay in the circuit town.