Our Policies: Family Law - Solicitors' Scale of Fees Table of Fees Lump Sum Fees - Family Law Act matters Fees are calculated on a lump sum basis according to the guidelines set out below. Guidelines a) The lump sum fee is calculated having regard to an hourly rate of $110 net. b) If the hearing exceeds the original estimate for unforeseen reasons, no additional payment will be allowed unless a decision not to make an additional payment would be clearly unjust, and a judge or magistrate certifies that up to one day of extra hearing time is required for the effective disposal of the case. c) Where proceedings conclude earlier than the original estimate the lump sum amount will be reduced on a pro rata basis and only the actual time spent will be allowed at the hourly rate. Stages 1, 2 and 3 will not be subject to this guideline. d) If a substantial amount of work is completed before a grant of legal aid in Stage 2, the fees for the matter will be reduced on a pro rata basis. e) Solicitors are paid the fees as set out on pages 1 to 13. <a name="tablefees"> Primary Dispute Resolution (PDR) Fees Stage 1(a) PDR early intervention • Taking instructions and preparing for PDR process 220 • Representing client at PDR process A lump sum fee based on the actual time spent calculated with reference to the hourly rate up to a maximum of 4 hours • Preparing consent orders, if appropriate 110 Stage 1(b) PDR litigation intervention • Representing client at PDR process A lump sum fee based on the actual time spent calculated with reference to the hourly rate up to a maximum of 4 hours • Preparing consent orders, if appropriate 110 Family Court Fees Stage 2(a) Initiating court proceedings up to conclusion of directions hearing/s • Taking instructions; communications; preparing documents; attending to filing and service; court attendance; consent orders, if appropriate 770 Stage 2(b) Initiating court proceedings - up to conclusion of directions hearing/s, including application for interim relief filed at the same time • Taking instructions for initiating court proceedings and for affidavits; preparing court documents; obtaining short service 770 • Court attendance A lump sum fee based on the actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours Stage 2(c) Interim or summary hearing – as a discrete event • Taking instructions for application and affidavit; preparing court documents; obtaining short service 660 • Court attendance A lump sum fee based on the actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours Family Court Fees Stage 2(d) Up to conclusion of conciliation conference (if any) • File management; taking instructions; court attendance; obtaining consent orders, if appropriate 330 Stage 2(e) Case review (if any) • Preparing court documents (if any); taking instructions; court attendance; obtaining consent orders, if appropriate 330 Stage 2(f) Up to conclusion of pre-hearing conference • File management; taking instructions; preparing client for family report process; reading family report; court attendance; obtaining consent orders, if appropriate 550 Stage 2(g) Application for recovery order where there is an existing court order • Taking instructions; preparing court documents 330 • Court attendance A lump sum fee based on the actual time spent calculated with reference to the hourly rate up to a maximum of 3 hours Stage 3 After pre-hearing conference and before release of family report • Preparing client for family report process; reading family report; advising client; obtaining consent orders, if appropriate 330 Family Court Fees Stage 4 Preparation for trial • Taking instructions; interviewing witnesses; preparing documents; preparing client for family report process, issuing subpoenas; preparing case management guideline trial documents; preparing and delivering brief to counsel; reading family report; conference with counsel; attending list conference A lump sum fee based on estimated preparation time calculated with reference to the hourly rate. Stage 5 Trial costs • Attendance each day of hearing A lump sum fee based on estimated hearing time calculated with reference to the hourly rate. The Commission pays for actual time spent up to 6 hours per day. • Taking judgement and explaining orders 110 Local Court Fees Stage 2(a) Initiating court proceedings up to conclusion of directions hearing/s Taking instructions; communications; preparing documents; attending to filing and service; court attendance; consent orders, if appropriate 550 Stage 2(b) Initiating court proceedings – up to conclusion of directions hearing/s, including application for interim relief filed at the same time • Taking instructions for initiating court proceedings and for affidavits; preparing court documents; obtaining short service 550 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours Stage 2(c) Interim or summary hearing – as a discrete event • Taking instructions for application and affidavit; preparing court documents; obtaining short service 550 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours. Stage 2(e) Case review (if any) • Preparing court documents (if any); taking instructions; court attendance; obtaining consent orders, if appropriate 330 Stage 2(g) Application for recovery order, where there is an existing court order • Taking instructions; preparing court documents 330 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 3 hours Stage 4 Preparation for trial • Taking instructions; interviewing witnesses; preparing documents; preparing client for family report process, issuing subpoenas; preparing case management guideline trial documents; preparing and delivering brief to counsel; reading family report; conference with counsel; attending list conference A lump sum fee based on estimated preparation time calculated with reference to the hourly rate. Stage 5 Trial costs • Attendance each day of hearing A lump sum fee based on estimated hearing time calculated with reference to the hourly rate. The Commission pays for actual time spent up to 6 hours per day. • Taking judgement and explaining orders 110 Federal Magistrates Service Fees Stage 2(ab) Initiating court proceedings • Taking instructions for application and affidavit; preparing court documents; obtaining short service, if required 660 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours Stage 2(d) Up to conclusion of conciliation conference (if any) • File management; taking instructions; court attendance; obtaining consent orders, if appropriate 330 Stage 2(e) Case review (if any) • Preparing court documents (if any); taking instructions; court attendance; obtaining consent orders, if appropriate 330 Stage 2(g) Application for recovery order, where there is an existing order • Taking instructions; preparing court documents 330 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 3 hours Stage 2(h) Any subsequent appearance • Taking instructions for application and affidavit; preparing court documents; obtaining short service, if required 660 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours Stage 4 Preparation for trial • Taking instructions; interviewing witnesses; preparing documents; preparing client for family report process; issuing subpoenas; preparing case management guideline trial documents; preparing and delivering brief to counsel; reading family report; conference with counsel; attending list conference A lump sum fee based on estimated preparation time calculated with reference to the hourly rate. Stage 5 Trial costs • Attendance each day of hearing A lump sum fee based on estimated hearing time calculated with reference to the hourly rate. The Commission pays for actual time spent up to 6 hours per day. • Taking judgement and explaining orders 110 Child representation Fees PDR • Attendance at legal aid family law conference A lump sum fee based on the actual time spent calculated with reference to the hourly rate up to a maximum of 4 hours • Preparing consent orders, if appropriate 110 To conclusion of pre-hearing conference • Where an order is made at directions hearing for work up to and including attendance at pre-hearing conference 880 From pre-hearing conference to eve of hearing • Where an order is made at directions hearing for work subsequent to completion of pre-hearing conference, an allowance to cover all attendances, preparation etc. prior to hearing 1,320 Where an order is made other than at directions hearing A lump sum allowance negotiated in reference to ti ming of orders and necessary work undertaken to cover all attendances, preparation etc prior to hearing Attendance on hearing A lump sum fee based on estimated hourly time calculated with reference to the hourly rate. The Commission pays for actual time spent up to 6 hours per day. Order 30A report • Where it is necessary to apply to the court for an Order 30A report, an allowance to cover all work including court attendance 220 Interim or summary hearing – as a discrete event • Preparation – matters in the Family Court 660 • Preparation – matters in the Local Court 550 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours. Appeal Fees Stage 6 Appeal to the Full Court of the Family Court • All work up to and including the hearing 1,110 Stage 6 Appeal to a single judge of the Family Court • All work up to and including the hearing 1,320 Dissolution of Marriage Fees • With no children under 18 years 330 • With children under 18 years 475 Transfer from Local Court to Family Court The lump sum grant of $550 for Stage 2(a) matters in the Local Court will be converted to: 880 Change of Venue Application Fees Principal solicitor only 220 Where a solicitor is to act as an agent the following applies: • The principal solicitor’s fee of $200 will be increased by $110 net to accommodate work associated with the retaining of the agent. • The agent will be paid from the principal solicitor’s $330 fee by the principal solicitor. • The agent will be paid $200 net for the change of venue application. Enforcement proceedings Fees Enforcement proceedings under section 112AD • Taking instructions; preparing court documents 440 • Court attendance A lump sum fee based on actual time spent calculated with reference to the hourly rate up to a maximum of 5 hours. Child support declaration Fees Child support declaration under section 106 or section 107 of the Child Support (Assessment) Act 1989 • For all work up to and including attendance at the directions hearing following the release of the paternity test results 440 Miscellaneous Fees • Consent Orders – lump sum allowance (excluding those orders arising from participation in conferencing 330 • Parenting plans 330 • Where a solicitor appears as advocate on hearing, as agreed beforehand with the Commission 50% loading on the hourly rate for such appearance will be payable. (f) Agency Work (Excluding change of venue applications - see separate fees on page 9 for these matters) Where a solicitor is to act as an agent the following applies: Σ the principal solicitor’s lump sum fees will be increased by $110 net for each appearance by the agent to accommodate work associated with the retaining of the agent. Σ the agent will be paid from the principal solicitor’s lump sum by the principal solicitor. Σ the agent will be paid $220 net for each mention/directions hearing and $275 net for a pre-hearing conference. (g) Special Fixing of Fees In cases considered complex by the Commission, taking into account advice from the Family Court of Australia or the Federal Magistrates Service, fees in excess of the amounts in 1(e) may be agreed upon between the Commission and Solicitor. (h) Other Items Items not specifically included in these guidelines are subject to separate negotiations. (i) Application of the stage of matter model If there is a change of solicitor, the model applies on if there were no change of solicitor and payments will be made on a pro-rata basis for work completed for each stage. If a legal aid client loses contact with the solicitor, payment for the work completed will be on a pro rata basis to be negotiated with the Commission. If contact is re-established, funding already provided will be taken into account with the guidelines when considering any further grants of aid. The hearing length of a trial will be estimated taking into account the estimate given by the court at the pre-hearing conference. If a matter is listed for hearing (final or otherwise) and not reached by the court on the date set, funding outside the stage of matter grant must be negotiated with the Commission. Court attendance includes waiting time and appearance in court but excludes travel time.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.