4.3 – counsel costs and daily circuit fees

These tables list costs payable to counsel in Commonwealth family law and child support matters, fees for counsel briefed by an Independent Children's Lawyer (ICL) and daily circuit fees.

This fee table is effective from 1 January this year. For fees payable prior to this date, See Archived versions of the Handbook.

Counsel costs

State Magistrates' Court

FCFCOA (Division 1 or 2)

Stage 4 – trial costs in the FCFCOA

Stage 5 – appeals in the FCFCOA (Division 1)

Entitlements and conditions

• In Commonwealth family law and child support matters, counsel costs are only payable in addition to lump sum fees paid to lawyers at the following stages:
  • Fee table 4.1 – lawyer professional costs (excluding ICLs):
    • Stage 2G – interim contest hearings, Federal Circuit and Family Court (FCFCOA)
    • Stage 3 – preparation for trial
    • Stage 4 – trial costs in the Federal Circuit and Family Court (FCFCOA), and
    • Stage 5 – appeals in the FCFCOA (Division 1).
  • Fee table 4.2 – independent children's lawyer professional costs:
    • Stage 1C – interim contest hearing (ICL)
    • Stage 1D – litigation intervention Family Dispute Resolution Service or Dispute Resolution Conference (DRC) or private mediaiton (ICL)
    • Stage 2 – litigation for ICLs
    • Stage 3 – trial costs for ICLs
      Fees for counsel briefed at other stages are to be paid out the lump sum fee paid to the lawyer.
• We require that barristers are paid directly in ATLAS. To do this, it’s important that under the heading of ‘Payee Service Provider’ in ATLAS, the lawyer chooses the appropriate barrister from the list and changes the payee to the barrister to ensure the payment goes directly to the barrister.
• Lawyers claiming these fees must use ATLAS unless they are not registered for GST, in which case a tax invoice can be submitted.
• Counsel’s fees are not payable where a matter is in the list but not reached.
• The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.

Counsel costs when briefed by an ICL

Federal Circuit and Family Court (FCFCOA)

Entitlements and conditions

• In ICL proceedings, counsel’s costs are only payable in addition to lump sum fees at the following court events/stages:
  • interim contest hearing (1C – interim contest hearing (ICLs)),
  • Stage 2 – litigation for ICLs
  • Stage 3 – trial costs for ICLs
• Fees for counsel briefed at Stage 1 – first court hearing and FDRS (ICLs) are to be paid out of the lump sum fee paid to the lawyer.
• Victoria Legal Aid requires that barristers are paid directly in ATLAS. To do this, it is important that at the heading of ‘Payee Service Provider’ in ATLAS, the lawyer should choose the appropriate barrister from the list and change the payee to the barrister for the payment to go directly to the barrister.
• Counsel’s fees are not payable where a matter is in the list but not reached.
• Lawyers can claim all fees online using ATLAS (unless not registered for GST).
• The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.

Daily circuit fees

Entitlements and conditions

• Circuit fees generally include travel, accommodation and compensation for being out of the office.
• Lawyers claiming these fees must use ATLAS unless they are not registered for GST, in which case a tax invoice can be submitted.
• Lawyers can claim these fees using ATLAS or submitting a tax invoice.