Where a lawyer is in receipt of assistance under the Family Violence and Cross-Examination of Parties Scheme in the Federal Circuit and Family Court of Australia (FCFCOA), the fees payable are outlined on this page and in accordance with Victoria Legal Aid's (VLA’s) fees as contained in Fee Table 4. The fees outlined in these tables should be read in conjunction with Fees – entitlements and conditions.
Fees payable under the scheme
Stage 2G – interim contested hearing
| Service/proceedings | Court | Fee |
|---|---|---|
| 2G.1 – prepare for an interim contest | FCFCOA | $1085 |
| 2G.2 – appearance in an interim contest hearing (defended daily fee) | FCFCOA | $1788 |
| Take judgment | FCFCOA | $248 |
Stage 2H – litigation intervention FDRS
| Service/proceedings | Court | Fee |
|---|---|---|
| 2H.1 – preparation for litigation intervention FDRS conference | FDRS | $217 |
| 2H.2 – representing client at litigation intervention FDRS conference (limited to 1 conference) | FDRS | $868 |
| 2H.3 – attendance at litigation intervention FDRS when the conference does not proceed | FDRS | $217 |
| Preparing and filing consent orders | Any court | $434 |
| Distance allowance (all matters) | FDRS | $217 |
Stage 2L – transfer fee
Under a stage 2L grant, fees are available (where applicable) where a practitioner accepts a transfer of a Commonwealth family law or child support litigation file.
| Service/proceedings | Court | Fee |
|---|---|---|
| 2L – accepting a transfer of a grant of legal assistance | N/A | $1066 |
Entitlements and conditions
- The stage 2L fee is a lump sum grant and covers:
- reviewing a file
- taking instructions and communications
- preparing documents
- attending to filing and service
- The matter must have reached the litigation stage to claim this fee, and this fee is not available for pre-litigation file transfers (i.e. prior to proceedings being issued).
Stage 3A – preparation and first day of trial, FCFCOA (Division 1) (parenting matters)
| Service/proceedings | Court | Fee |
|---|---|---|
| 3A.1 – preparation for hearing estimated at one day | FCFCOA (Division 1) | $1302 |
| 3A.2 – preparation for hearing estimated at more than one day | FCFCOA (Division 1) | $2170 |
| 3A.3 – negotiating settlement of a matter prior to final hearing | FCFCOA (Division 1) | $1066 |
Stage 3C – further preparation and continuation of trial, FCFCOA (Division 1)
| Service/proceedings | Court | Fee |
|---|---|---|
| 3C.1 – preparation for further hearing, estimated at one day | FCFCOA (Division 1) | $1085 |
| 3C.2 – preparation for further hearing, estimated at up to three days | FCFCOA (Division 1) | $1519 |
| 3C.3 – preparation for further hearing, estimated at four days or more | FCFCOA (Division 1) | $2821 |
Stage 3D – preparation for trial, FCFCOA (Division 2)
| Service/proceedings | Court | Fee |
|---|---|---|
| 3D.1 – preparation for hearing, estimated at one day | FCFCOA (Division 2) | $1736 |
| 3D.2 – preparation for hearing, estimated at more than one day | FCFCOA (Division 2) | $3255 |
| 3D.3 – negotiating settlement of a matter prior to final hearing | FCFCOA (Division 2) | $1066 |
Stage 3E – additional preparation, FCFCOA (Division 2)
| Service/proceedings | Court | Fee |
|---|---|---|
| 3E – additional preparation | FCFCOA | $217 per hour |
Stage 4 – trial appearances
| Service/proceedings | Court | Fee |
|---|---|---|
| 4.1 – defended daily fee | FCFCOA | $1788 |
| 4.2 – counsel’s conference (up to 3 hours at $237 per hour) | FCFCOA | Up to $744 |
| Take judgment | FCFCOA | $248 |
Procedural appearances
| Service/proceedings | Court | Fee |
|---|---|---|
| Callover | FCFCOA | $434 |
| Inspecting subpoenaed documents* | FCFCOA (Division 1) | $434 |
| Appearance at defended subpoena list | FCFCOA (Division 1) | $651 |
| Telephone mention | FCFCOA (Division 1) | $217 |
*The fee to attend court to inspect subpoenaed documents is payable per attendance, not per document. Lawyers are expected to minimise the need for multiple attendances to inspect documents. This is because the inspection of documents is considered to be preparation for trial and should primarily be covered by the 3A lump sum fees.
Stage 5 – appeal to a single judge
| Service/proceedings | Court | Fee |
|---|---|---|
| 5.1 – preparation | FCFCOA (Division 1) | $2604 |
| 5.2 – counsel daily fee | FCFCOA (Division 1) | $1390 |
| Take judgment | FCFCOA (Division 1) | $248 |
Stage 5 – appeal to the full court
| Service/proceedings | Court | Fee |
|---|---|---|
| 5.3 – preparation | FCFCOA (Division 1) | $2170 |
| 5.4 – counsel daily fee | FCFCOA (Division 1) | $1788 |
| Take judgment | FCFCOA (Division 1) | $248 |
Daily circuit fees
| Court | Fee |
|---|---|
| Albury | $400 |
| Bairnsdale | $386 |
| Ballarat | $246 |
| Bendigo | $289 |
| Castlemaine | $230 |
| Geelong | $208 |
| Hamilton | $400 |
| Mildura | $490 |
| Morwell | $295 |
| Sale | $348 |
| Shepparton | $334 |
| Traralgon | $296 |
| Warrnambool | $386 |
Disbursements
VLA will reimburse the following disbursements:
- any court fees required to be paid by a legally assisted person
- interpreters' fees
- service fees
- disbursements which have prior written approval of VLA.
In exceptional circumstances, VLA may consider providing assistance for other disbursements in accordance with Table Q – Expert reports and court attendances in family law matters.
Updated