LSC Logo

Family Law Cost Scale

(from 4th February 2008)

All new initial grants of aid and extensions of existing assignments approved after 1st October 2006 will be made in accordance with the following scale.

See also the explanatory notes.

ITEM

STAGE

DESCRIPTION

HOURS

FEE PAYABLE

1 SL

Solicitor 1

Solicitor's work not specifically covered by any other Item, eg. Advise and Report, to be charged at $145 per hour

145

1A F11

Consent Orders
(Form 11)

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

5

725

2 F3N

Form 3

Apply/Respond to an Application for Dissolution of Marriage - child under 18

4

580

2a F3N

Form 3

Apply/respond to an Application for Dissolution of Marriage - no child under 18

3

435

3 FIN

Form 1

Apply/respond to an Application for Nullity of Marriage

4

580

4 F1

Form 1

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

7

1015

5 F12

Form 1/2

Up to final directions and conclusion of interim application

12

1,740

6 F2

Form 2 Initial

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

11

1,595

6A F2S

Form 2 Subsequent

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

6

870

7 F18

Form 18

Apply/respond to contravention application

5

725

8 F18

Form 18

Counsel Fee

6

990

9 TNL

To Trial Notice List

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

5

725

10 FCC

Funding Conference Chair

For reading time and conduct of conference at counsel rates

5

825

11 FCP

Funding Conference Practitioner

Prepare for and conduct of conference at counsel rates

3

495

12 SP

Solicitor prepare matter for trial

Comply with directions from Trial Notice List. Prepare trial affidavits and attendance at Pre-Trial Conference.

15

2,175

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

4,350

ITEM

STAGE

DESCRIPTION

HOURS

FEE PAYABLE

14 SAT

Solicitors attendances during and after trial

1 hour per day

1

145

14A STJ

Solicitors attendance to take judgment and explain orders

Maximum 1 hour

1

145

15 SPA

Solicitor prepare matter for appeal

Maximum 10 hours

10

1,450

15A SPA

Counsel prepare and attend on Appeal

Maximum 10 Hours

10

1650

16 CRI

Independent Children's Lawyer

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

2

290

16A CRIS

Independent Children's Lawyer

Subsequent solicitor's work not specifically covered by a stage to be charged at $145 per hour

145

17 F1M

Form 1

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

11

1,595

18 F1P

Form 1 (paternity)

Prepare/respond to Stage 2 child support application

6

870

18A F1D

Form 1 (departure)

Prepare/respond to Stage 2 child support application

11

1,595

19 STP

Short Trial

Preparation for short trial

5

725

20 STP

Short Trial

Attendance by Counsel

6

990

21 PTF

Counsel 1

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

10

1,650

22 PTFC

Counsel for complex trial

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

14

2,310

23 AST

Counsel 2

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

6

990

24 RTC

Counsel 3

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

2

330

24a RTS

Solicitor

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

2

290

25 RTS

Counsel

Counsel work not specifically covered by stages 1, 2 or 3 to be charged at $160 per hour

165

26 FRT

Reading time

Reading time not specifically covered by any other item - to be charged at $100 per hour

100

27 FCC1

Division 12A Children's Cases

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

2

290

28 FCC1

Division 12A Children's Cases

Attend first day of hearing

4

660

29 FCC2

Division 12A Children's Cases

Solicitor's work for all further preparation and attendance in the trial list at $145 per hour

145

30 FCC2

Division 12A Children's Cases

Counsel's attendance at subsequent hearing at $165 per hour

165

Family Law Cost Scale (from 4th February 2008)

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 Court.

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. Where photocopying is done at the Family Court and documents can't be removed from the premises, it will be paid at 20 cents per page.

(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 4th February 2008)

back to top








Copyright ©2008 Government of South Australia - All Rights Reserved