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Home > Practitioners' Guide > Cost Scales > Family Law Cost Scale 

Family Law Cost Scale

(from 9th December 2008)

All new initial grants of aid and extensions of existing assignments approved after 9th December 2008 will be made in accordance with the following scale.

See also the Explanatory Notes below

ITEM

STAGE

DESCRIPTION

HOURS

FEE

1 SL

Solicitor 1

Solicitor’s work not specifically covered by any other Item, eg. Advise and Report, to be charged at $148 per hour

148

1A F11

Consent Orders

(Form 11)

Representing the client at FDR or negotiating process and preparing and filing consent orders, if appropriate

  5

740

2 F3C

Form 3

Apply/Respond to an Application for Divorce - child under 18

  4

592

2a F3N

Form 3

Apply/respond to an Application for Divorce – no child under 18

  3

444

3 FIN

Form 1

Apply/Respond to an Application for Nullity of Marriage

  4

592

4 F1

Form 1

Apply/respond to an Application up to and including final directions hearing

  7

1036

5 F12

Form 1/2

Up to final directions and conclusion of interim application

  12

1776

6 F2

Form 2 Initial

Apply/respond to initial Form 2, Judicial Review, Hague Convention or Recovery Order application

  11

1628

6A F2S

Form 2 Subsequent

Apply/respond to subsequent Form 2, Judicial Review, Hague Convention or Recovery Order application

  6

888

7 F18

Form 18

Apply/respond to contravention application

  5

740

8 F18

Form 18

Counsel Fee

  6

1014

9 TNL


 

To Trial Notice List

All attendances from directions hearing up to and including attendance at the Trial Notice List.

  5

740

10 FCC


 

Funding Conference Chair

For reading time and conduct of conference at counsel rates

  5

845

11 FCP

Funding Conference Practitioner

Prepare for and conduct of conference at counsel rates

  3

507

12 SP

Solicitor prepare matter for trial

Comply with directions from Trial Notice List. Prepare 0.30 Affidavits and attendance at Pre-Trial Conference.

  15

2220

13 SPC

Solicitor prepare matter for complex trial

To be paid at scale fee for work carried out with the prior approval of the Commission but in any event not to exceed 30 hours

  30

4440

14 SAT

Solicitors attendances during and after trial

1 hour per day

  1

148

14A STJ

Solicitors attendance to take judgment and explain orders

Maximum 1 hour

  1

148

15 SPA

Solicitor prepare matter for appeal

Maximum 10 hours

  10

1480

15A SPA

Counsel prepare and attend on Appeal

Maximum 10 hours

  10

1690

16 CRI

Independent Children’s Lawyer

Initial preparation including reading, filing notice of acting and advising parties of appointment – maximum 2 hours

  2

296

16A
CRIS

Independent Children’s Lawyer

Subsequent solicitor’s work not specifically covered by a stage to be charged at $148 per hour

148

17 F1M

Form 1

Prepare/respond to an application for child or spousal maintenance or vary same to referral to trial

  11

1628

18 F1P

Form 1(paternity)

Prepare/respond to Stage 2 child support application

  6

888

18A F1D

Form 1(departure)

Prepare/respond to Stage 2 child support application

  11

1628

19 STP

Short Trial

Preparation for short trial

  5

740

20 STP

Short Trial

Attendance by Counsel

  6

1014

21 PTF

Counsel 1

All preparation for trial/ appeal (4 hours) and first day of trial/appeal (6 hours)

  10

1690

22 PTFC

Counsel for complex trial

All preparation for trial/appeal (8 hours) and first day of trial/appeal (6 hours)

  14

2366

23 AST

Counsel 2

All attendances at subsequent days of trial including conferences - maximum 6 hours per day

  6

1014

24 RTC

Counsel 3

Resumption of trial after a significant time lapse. All preparation - maximum 2 hours

  2

338

24a RTS

Solicitor

Resumption of trial after a significant lapse. All preparation 2 hours

  2

296

25 RTS

Solicitor

Counsel work not specifically covered by stages 1, 2 or 3 to be charged at $169 per hr

169

26 FRT

Reading time

Reading time not specifically covered by any other item – to be charged at $100 p/hr

100

27 FCC1

Division 12A LAT Hearing

Solicitor-Undertake intake process, preparation for hearing, and report after first day 

  2

296

28 FCC1

Division 12A LAT Hearing

Counsel-Attend first day of hearing

  4

676

29 FCC2

Division 12A LAT Hearing

Solicitor-All further preparation and attendance in the trial list at $148 per hour

148

30 FCC2

Division 12A LAT Hearing

Counsel-Attendance at subsequent hearing at $169 per hours

169

 

EXPLANATORY NOTES

1 Matters finalised before a defined stage is reached

  • If a matter settles by agreement before the end of the stage allocated, practitioners are entitled to claim for the whole of the stage. If a matter concludes by some interruption e.g. a party withdrawing, or reconciling, or at such an early stage that it would be unreasonable to submit an account for the full amount, the Commission would expect the practitioner to forward an account at less than the maximum fee allowed under that stage of matter.

2 Counsel fees

  • The maximum fee is normally applicable irrespective of whether counsel has been briefed. Specified counsel fees at the prescribed rate will only be paid if prior authorisation to brief counsel is obtained. Such approvals will depend on the complexity of the matter rather than the counsel briefed. Chamber applications would except in special circumstances be deemed not fit for counsel even if a barrister was to be briefed.

3 Country Practitioners

  • In accordance with the letter of the former Director dated the 4th June 1998, country practitioners should advise the Commission if a further allowance is necessary for agents' attendance in the Family Law Courts.

4 Accounting procedures

The following practices apply in certifying solicitors' accounts for payment:

  • Photocopying, if required and approved, will normally be paid at the rate of 10 cents per page. Where a small amount of photocopying is involved, it may be paid, upon prior approval, at a maximum rate of 50 cents per page. Where more than 100 pages is involved, commercial photocopying rates of 10 cents per page will be applied.

(a) No disbursement allowance will be made

  • For postage or for local telephone calls, or
  • For general office expenses or "petties" or
  • For correspondence with or attendances on the Legal Services Commission, or
  • For the cost of transcript (except in special circumstances where prior authority has been obtained), or
  • For travelling time or mileage

(b) Payment will only be paid on original accounts, including the accounts for disbursements attached to a solicitor's account.

(c) Accounts for disbursements should be forwarded by the solicitor and not sent directly to the Commission by counsel. Payment will be made to the solicitor. This includes the payment of counsel fees, and in particular, Commonwealth and State Government transcript fees.

5 Payment for authorised work only

  • Practitioners are asked to read the terms of assignment letters and commitment certificates carefully. Further authorisation must be sought before the authorised costs can be exceeded, or if work outside the terms of assignment is required.
  • Practitioners will not be paid for work undertaken without authorisation.

6 Applications for extensions to be in writing

  • Extension of existing assignments should be sought in writing except in emergencies, as the large volume of files in the Commission makes the handling of telephone requests extremely difficult. However, in urgent cases telephone extensions will be given.

7 Expert Witnesses

Family Law Cost Scale (from 9th December 2008)

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