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Scale of Fees Family Law Matters - Counsel
Table of fees
Each memorandum submitted for payment must have its own individual invoice number (invoice number must not contain more than 10 digits). Accounts without invoice numbers will be returned.
Fees are payable on a total lump sum based on the estimated length of hearings.Where the hearing exceeds the original estimate on which the lump sum was calculated, additional payment may be considered if it can be demonstrated that the additional work carried out which was not taken into account in the setting of the fees, was required through circumstances beyond your control and that the additional work was substantial, so that it would be manifestly unfair not to provide additional fees.
Submissions for additional fees should be made at the conclusion of the stage.
Where the hearing is settled or concludes, whether by way of interim or final orders, on the ”first day” only the “first day” component of the lump sum will be paid.
Where the hearing is settled by way of consent, interim or final orders, on a subsequent day, the fee will be calculated on a first day and then subsequent day basis paid up to and including the date of settlement
Where a hearing concludes, whether by way of interim or final orders, payment will be made on the following basis:-
(a) for hearings up to and including 5 days, the full lump sum fee will be paid
(b) for hearings listed for 6 days and over, the “first day fee” will be paid. The balance of the fee will be calculated having regard to the actual number of hearing days plus an additional amount equal to 40% of the amount obtained by multiplying the number of unexpired days by the subsequent day rate, up to a maximum payment of 5 days.
Counsel will be paid 80% of the scale Lump Sum Fees For Counsel In Family Law Matters
Cost ceilings (caps) apply in all Family Law grants of legal aid from 1 July 1997
Loading
(a) For Sydney practitioner for country sittings - where prior written approval of the Commission has been sought and where there is no local Bar, at the Supreme Court loading scale, applicable from time to time.
(b) For other practitioners - where prior written approval has been sought such lump sum amount as agreed between the Commission and legal practitioner.
Prior to payment of counsel’s memorandum of fees, counsel are required to advise the total number of briefs held for the circuit, thereby enabling an apportionment of the loading.
Special fixing of fees
In cases of unusual complexity or difficulty, fees in excess of the above amounts may be agreed upon between the Commission and Counsel.
COUNSEL LUMP SUM FEES - HEARINGS
Scale operating from 1/4/93
Payment at 80% of scale
| 1. | (a) Contested application for final relief under Part V11 or Part VIII of the Family Law Act, all inclusive lump sum fee (covers preparation, conferences, etc), a “first day” fee. | $1,000 |
 | (b) Subsequent day all inclusive fee
Increased from 1 August 1995. | $700
$800 |
| 2. | (a) Interim contested applications under Part VII or Part VIII, all inclusive “first day” fee | $700 |
| (b) Subsequent day all inclusive fee | $470 |
| 3. | (a) Appeal hearings before the Full Court under Part X, and inclusive “first day” fee increased from 1 August 1995 | $1,100 |
| (b) Subsequent day all inclusive fee | $750 |
Miscellaneous
(i) Chamber work - only where prior written approval of the Commission has been sought and a lump sum fee set - based on the gross hourly rate of $120 per hour.
(ii) Other appearance work - only where prior written approval of the Commission has been sought and a lump sum fee set - based on the hourly rate applicable to solicitors, from time to time.
Financial Matters
| Local Court | 100%
$ | 80%
$ |
(Stage 1)
To conclusion of Directions Hearing | 750 | 600 |
(Stage 2)
Where an order 24 conference is held | 375 | 300 |
(Stage 3)
Allowance on preparation and hearing | Lump sum fee based on estimated preparation and hearing time, calculated with reference to the hourly rate. |
Note: Child Support Departure Applications proceed directly from Stage 1 to Stage 3.
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| Family Court | 100%
$ | 80%
$ |
(Stage 1)
To conclusion of Directions Hearing | 1,000 | 800 |
(Stage 2)
Post Directions Hearing to conclusion of pre-hearing conference | 625 | 500 |
| Where there is an Order 24 conference (which results in two separate attendance ie. Order 24 and pre-hearing conference) an additional fee is allowed in stage 2 | 375 | 300 |
(Stage 3)
Post pre-hearing conference (including interviewing witnesses, preparation of affidavits, practice direction documents, subpoena) plus the hearing | Lump sum fee based on estimated perpetration estimated hearing time, calculated with reference to hourly rate. |
Note: Child Support Departure Applications go directly from Stage 1 to Stage 3.
There is no Stage 2 allowance when direct track matters go directly from stage 1 to stage 3. |
Transfer from Local Court to Family Court
| 100%
$ | 80%
$ |
The lump sum grant of $600 for Local Court matters will be converted to
- In matters associated with the children to conclusion of section 62(1) counselling; and
- In financial matters to the conclusion of the Directions Hearing in the Family Court.
| 1,125 | 900 |
Interim Applications
| 100%
$ | 80%
$ |
| Application to hearing: | | |
|
| 750 | 600 |
|
| 500 | 400 |
| Lump sum based on estimated hearing time, calculated with reference to hourly rate. |
Summary Proceedings (excluding Hague Convention proceedings)
| 100%
$ | 80%
$ |
| Application to hearing for Section 112AD proceedings; and Child and spouse maintenance proceedings | 750 | 600 |
| Allowance on hearing | Lump sum based on estimated hearing time, calculated with reference to hourly rate. |
Dissolution of Marriage
| 100%
$ | 80%
$ |
| With no children under 18 years | 375.00 | 300 |
| With children under 18 years | 537.50 | 430 |
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