Family Law Cost Scale

(from 1st November 2011)

All new i.e. initial grants of aid and extensions of existing assignments approved on or after 1st November 2011 will be made in accordance with the following scale.

See also the Explanatory Notes below

ITEM	WORK TYPE	DESCRIPTION	FEE ($)
1	Solicitor	Early intervention FDR conference and file consent orders, if appropriate	785
2	Solicitor	Early intervention FDR review conference	628
3	Solicitor	Solicitor’s work not specifically covered by any other Item, eg. Advise and Report, to be charged at $157 per hour	157
4	Divorce	Apply/Respond to an Application for Divorce - child under 18	628
5	Divorce	Apply/respond to an Application for Divorce – no child under 18	471
6	Nullity	Apply/Respond to an Application for Nullity of Marriage	628
7	Form 1	Apply/respond to an Application up to and including final directions hearing	1,099
8	Application for Final Orders	Up to final directions and conclusion of interim application	1,884
9	Form 2 Initial	Apply/respond to initiating application	1,727
10	Form 2 Subsequent	Apply/respond to further application	942
11	Form 18 cont.	Apply/respond to contravention application	785
12	Form 18	Counsel Fee	1,080
13	Solicitor additional hours	Attendance subsequent to interim order but prior to trial preparation	785
14	Funding Conference Practitioner	Prepare for and conduct of conference at counsel rates	720
15	Court ordered conference	Prepare for and conduct of conference at counsel rates	720
16	Solicitor prepare matter for trial	Comply with directions and prepare matter for trial	2,355
17	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 prepare for trial designated as complex	4,710
18	Solicitors attendances during and after trial	1 hour per day	157
19	Solicitors attendance to take judgment and explain orders	Maximum 1 hour	157
20	Solicitor prepare matter for appeal	Maximum 10 hours	1570
21	Counsel prepare and attend on Appeal	Maximum 10 hours	1,800
22	Independent child representative	Initial preparation including reading, filing notice of acting and advising parties of appointment – maximum 2 hours	314
23	Independent child representative	Subsequent solicitor’s work not specifically covered by a stage to be charged at $157 per hour	157
24	Form 1	Prepare/respond to an application for child or spousal maintenance or vary same to referral to trial	1,727
25	Form 1(parentage)	Prepare/respond to child support parentage application	942
26	Form 1(departure)	Prepare/respond to child support departure application	1,727
27		Prepare/respond to child support or application to SSAT	1,727
28	Short Trial	Preparation for short trial	785
29	Short Trial	Attendance by Counsel	1,080
30	Counsel 1	All preparation for trial/ appeal (4 hours) and first day of trial/appeal (6 hours)	1,800
31	Counsel for complex trial	All preparation for trial/appeal (8 hours) and first day of trial/appeal (6 hours)	2,520
32	Counsel 2	All attendances at subsequent days of trial including conferences - maximum 6 hours per day	1,080
33	Counsel 3	Resumption of trial after a significant time lapse. All preparation - maximum 2 hours	360
34	Solicitor	Resumption of trial after a significant lapse. All preparation 2 hours	314
35	Counsel	Counsel work not specifically covered by stages 1, 2 or 3 to be charged at $180 per hr	180
36	Reading time	Reading time not specifically covered by any other item – to be charged at $102 p/hr	102
37	Division 12A Children's Cases	Undertake intake process, preparation for hearing, and report after first day	314
38	Division 12A Children's Cases	Attend first day of hearing	720
39	Division 12A Children's Cases	Solicitor's work all further preparation and attendance in the trial list at $154 per hour	157
40	Division 12A Children's Cases	Counsel's attendance at subsequent hearing at $180 per hours	180

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 maximum rate of 10 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 1st November 2011)