Family Law Cost Scale

(from 4th February 2008)

All new initial grants of aid and extensions of existing assignments approved after 1^st 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 4^th 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

Practitioners should be aware that the Commission has issued a separate scale entitled "Fees and Disbursements for Expert Witnesses" and that should be read in conjunction with this scale.

Family Law Cost Scale (from 4th February 2008)

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