Victoria Legal Aid Handbook for Lawyers

Fees payable under the Family Violence and Cross-Examination Scheme

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 $1020
2G.2 – appearance in an interim contest hearing (defended daily fee) FCFCOA $1674
Take judgment FCFCOA $233

Stage 2H – litigation interv ention FDRS

Service/proceedings Court Fee
2H.1 – preparation for litigation intervention FDRS conference FDRS $204
2H.2 – representing client at litigation intervention FDRS conference (limited to 1 conference) FDRS $816
2H.3 – attendance at litigation intervention FDRS when the conference does not proceed FDRS $204
Preparing and filing consent orders Any court $408
Distance allowance (all matters) FDRS $204

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) $1224
3A.2 – preparation for hearing estimated at more than one day FCFCOA (Division 1) $2040

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) $1020
3C.2 – preparation for further hearing, estimated at up to three days FCFCOA (Division 1) $1428
3C.3 – preparation for further hearing, estimated at four days or more FCFCOA (Division 1) $2652

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

Service/proceedings Court Fee
3D.1 – preparation for hearing, estimated at one day FCFCOA (Division 2) $1632
3D.2 – preparation for hearing, estimated at more than one day FCFCOA (Division 2) $2856

Stage 3E – additional preparation, FCFCOA (Division 2)

Service/proceedings Court Fee
3E – additional preparation FCFCOA $204 per hour

Stage 4 – trial appearances

Service/proceedings Court Fee
4.1 – defended daily fee FCFCOA $1674
4.2 – counsel’s conference (up to 3 hours at $233 per hour) FCFCOA Up to $699
Take judgment FCFCOA $233

Procedural appearances

Service/proceedings Court Fee
Case management, mention, directions hearing, callover FCFCOA $408
Inspecting subpoenaed documents* FCFCOA (Division 1) $408
Appearance at defended subpoena list FCFCOA (Division 1) $612
Telephone mention FCFCOA (Division 1) $204
Distance allowance FCFCOA $204

*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) $2448
5.2 – counsel daily fee FCFCOA (Division 1)

$1301

Take judgment FCFCOA (Division 1) $233

Stage 5 – appeal to the full court

Service/proceedings Court Fee
5.3 – preparation FCFCOA (Division 1) $2040
5.4 – counsel daily fee FCFCOA (Division 1) $1674
Take judgment FCFCOA (Division 1) $233

Daily circuit fees

Court Fee
Albury $376
Bairnsdale $362
Ballarat $231
Bendigo $271
Castlemaine $216
Geelong $195
Hamilton $376
Mildura $459
Morwell $277
Sale $327
Shepparton $313
Traralgon $278
Warrnambool $362

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.

Reviewed 31 December 2022