Alternative Dispute Resolution (ADR) (Dispute Resolution Conference (where special disadvantage and other policy criteria have been met), external ADR (where special disadvantage and other policy criteria have been met), and court-initiated ADR) |
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| Stage 1 | · Taking instructions and preparation for ADR process | $200 |
| · Representing client at ADR process | A lump sum based on the actual time spent (up to maximum of 4 hours), calculated with reference to the hourly rate.
|
| · Preparation of care plan and/or consent orders, if appropriate, and attendance at court for the making of consent orders | $100 |
|
Other Applications (for orders other than a final care order)
These would include:
· proceedings involving applications for leave heard separately from applications to vary or rescind orders
· applications for interim orders when fixed for specific hearing; post-care order applications (eg. applications for further orders due to breach),* applications involving a dispute about joint parental responsibility
· proceedings involving court initiated review following receipt of court ordered report
applications for emergency care and protection orders (if not claimed on a duty basis). Where appropriate appearance in applications for emergency care and protection orders should be included in duty work. Where a solicitor attending court in non-duty work participates in proceedings for an emergency care and protection order, payment on a duty solicitor basis should be sought for taking instructions and appearing on the day. In other circumstances payment may be claimed as set out below. If an emergency care and protection orders is extended for a further 14 day period an extension of a grant of legal aid may be sought. |
| Stage 2 | · Taking instructions, perusing court documentation and other material, and attendance at initial court appearances (where preparation of affidavit and/or other court documentation is required, the allowance is to be increased by $300)
| $200 |
| · Court attendance at each day of the final hearing of the application | A lump sum fee based on estimated hearing time (up to a maximum of 6 hours per day), calculated with reference to the hourly rate.
|
| * should such an application be in effect proceedings for variation or rescission of orders payment may be sought under stage 3 |
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| Proceedings involving applications for final care orders: from filing of the application up to eve of hearing |
| Stage 3A | starter payment – early settlement, but subsequent to first court appearance, involving up to three hours work, alternatively | $300 |
| | or |
| Taking instructions, perusing court documentation and other material, court appearances, attending preliminary conferences, including adjourned preliminary conferences
| $900 |
| Drafting court documents including affidavits required for establishment hearing
| $300 |
| Drafting court documents including affidavits required for placement hearing where held separately from establishment hearing
| $300 |
| preparation for establishment hearing
| $150 |
| preparation for placement hearing where placement hearing is held separately from establishment hearing | $150 |
|
| Attendance at hearing |
| Stage 3B | Attendance at each day of establishment hearing | A lump sum fee based on estimated hearing time (up to a maximum of 6 hours per day), calculated with reference to the hourly rate
|
| Where placement hearing is held separately from establishment hearing, attendance at each day of disposition hearing
| Allowance as per lump sum fee for establishment hearing above |
| Where a hearing for establishment or placement is listed for more than 2 days | Solicitor advocate loading of 50% where approved in advance by the Commission |
|
| District Court appeals |
| Stage 4 | Taking instructions, perusing court documentation and other material, attendance at court appearances other than the final hearing and preparation for hearing, (including interviewing witnesses, preparing affidavits and documents, issuing subpoenas etc)
| A lump sum fee based on estimated preparation time calculated with reference to the hourly rate. |
| Attendance each day of hearing | A lump sum fee based on estimated hearing time (up to a maximum of 6 hours per day) calculated with reference to the hourly rate (where an appearance as solicitor/advocate is applicable, the hourly allowance is to be increased by 50%). |
|
| Supreme Court proceedings |
| Stage 5 | Taking instructions, perusing court documentation and other material, attendance at court appearances other than the final hearing and preparation for hearing, (including interviewing witnesses, preparing affidavits and documents, issuing subpoenas etc) | A lump sum fee based on estimated time involved calculated with reference to the hourly rate. |
| Attendance each day of hearing | A lump sum fee based on estimated hearing time calculated with reference to the hourly rate up to a maximum of 6 hours per day (when appearing as solicitor/advocate, the hourly rate is to be increased by 50%). |
