Stage 3 – preparation for trial

Under a stage 3 grant, these fees are available (where applicable):

• 3A – preparation and first day of trial, FCFCOA (Division 1)
• 3B – procedural hearings, Federal Circuit and Family Court (FCFCOA)
• 3C – further preparation and continuation of trial, FCFCOA (Division 1)
• 3D – preparation for trial, FCFCOA (Division 2)
• 3E – additional preparation fees

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

Where a lawyer acts as solicitor advocate, the fees payable shall be the fees otherwise payable to counsel, including for conferences. See Fee table 4.3.

Stage 3A – preparation and first day of trial, Federal Circuit and Family Court of Australia (FCFCOA) (Division 1)

Under a stage 3A grant, fees are available (where applicable) for preparation and first day of trial in the FCFCOA (Division 1) in Commonwealth family law matters.

Parenting matters

All matters

Procedural appearances

Procedural appearances table note: 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.

Entitlements and conditions

• The stage 3A grant is a broadband grant.
• The preparation fees cover:
  • taking instructions
  • interviewing witnesses
  • preparing evidence analysis, merits assessment and case strategy
  • preparing documents
  • briefing counsel
  • correspondence
  • negotiation.

These fees do not cover any court appearances.

• The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.
• If the fee for counsel’s conference is claimed at stage 3A, no additional conference fees are payable at Stage 3C – further preparation and continuation of trial in the FCFCOA (Division 1).
• Where an advice and negotiation grant has been claimed in relation to the matter, the stage 3A grant will be reduced by the amount already paid under the advice and negotiation grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant. Lawyers must claim the reduced fee on their ATLAS invoice, not the full fee for that subsequent grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant.
• The preparation fee includes an appearance fee to cover the work for a lawyer or counsel undertaking evidence analysis and merits assessment and developing a case strategy. The fee is payable where such an assessment has been undertaken by the lawyer or counsel and where evidence is on the file that the assessment has been conducted prior to final hearing. More information is available at Additional information relating to litigation grants.
• The stage 3A.3 fee is a lump sum fee and covers negotiating settlement of a matter prior to final hearing. The fee can only be claimed after a final hearing has been listed, up to the first day of final hearing. This fee is not payable in circumstances where a matter resolves prior to the listing of final hearing or where the matter resolves at a hearing or dispute resolution conference heard after the matter is listed for final hearing. It is also not payable from when the matter reaches the first day of final hearing.
• The preparation fees can only be claimed in addition to the stage 3A.3 fee where preparation for final hearing (see above description) has been undertaken prior to final hearing.
• The distance fee is available for procedural appearances where the lawyer’s office is more than 50 km from court, and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 3B – procedural hearings, FCFCOA

Under a stage 3B grant, fees are available (where applicable) for procedural hearings in the FCFCOA.

Procedural appearances

Procedural appearances table note: 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.

Entitlements and conditions

• The stage 3B grant is a broadband grant.
• A lawyer in receipt of a stage 3 grant will be entitled to any of these grants without an extension of assistance.
• Appearance at defended subpoena list is only payable where the appearance is required.
• The distance fee is available where the lawyer’s office is more than 50 km from court and the lawyer is required to travel for the court event. The fee covers either the lawyer’s travel or briefing an agent.

Stage 3C – further preparation and continuation of trial, FCFCOA (Division 1)

Under a stage 3C grant, fees are available (where applicable) for further preparation and continuation of trial in the FCFCOA (Division 1) in Commonwealth family law matters.

Entitlements and conditions

• The stage 3C grant is a broadband grant.
• The preparation fees cover:
  • taking instructions
  • interviewing witnesses
  • preparing documents
  • briefing counsel
  • correspondence
  • negotiation.

These fees do not cover any court appearances.

• If the fee for counsel’s conference is claimed at Stage 3A – preparation and first day of trial, FCFCOA (Division 1), no additional conference fees are payable at stage 3C.
• Where an advice and negotiation grant has been claimed in relation to the matter, the stage 3C grant will be reduced by the amount already paid under the advice and negotiation grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant. Lawyers must claim the reduced fee on their ATLAS invoice, not the full fee for that subsequent grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant.
• The fee for taking judgment is available where the appearance is required on a separate day to receive the judgment.

Stage 3D – preparation for trial, FCFCOA (Division 2)

Under a stage 3D grant, fees are available (where applicable) for preparation for trial in the FCFCOA (Division 2) in Commonwealth family law matters.

Parenting matters

• Where an advice and negotiation grant has been claimed in relation to the matter, the stage 3D grant will be reduced by the amount already paid under the advice and negotiation grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant. Lawyers must claim the reduced fee on their ATLAS invoice, not the full fee for that subsequent grant. This applies only where no earlier grant has been reduced by the equivalent of the advice and negotiation grant.

Entitlements and conditions

• The stage 3D grant is a broadband grant.
• These preparation fees cover:
  • taking instructions
  • interviewing witnesses
  • preparing evidence analysis, merits assessment and case strategy
  • preparing documents
  • preparing client for family report process
  • subpoenas
  • case management directions
  • preparing and delivering brief to counsel
  • reading family report
  • conference with counsel.
• The stage 3D.3 fee is a lump sum fee and covers negotiating settlement of a matter prior to final hearing. The fee can only be claimed after a final hearing has been listed, up to the first day of final hearing. This fee is not payable in circumstances where a matter resolves prior to the listing of final hearing or where the matter resolves at a hearing or dispute resolution conference heard after the matter is listed for final hearing. It is also not payable from when the matter reaches the first day of final hearing.
• The preparation fees can only be claimed in addition to the stage 3D.3 fee where preparation for final hearing (see above description) has been undertaken prior to final hearing.

Stage 3E – additional preparation fees

Under a stage 3E grant, fees are available (where applicable) for additional preparation for trial in the FCFCOA in Commonwealth family law matters.

Entitlements and conditions

• In exceptional circumstances, additional preparation fees may be allowed. This would ordinarily only arise where trials are adjourned.
• When assessing an application for further preparation fees, we will consider the total preparation allowed for stage 3A, stage 3C and stage 3D.