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Additional preparation

Assessment criteria

Additional standard preparation for parties is available in the following stages:

  • Stage 2
    •  
    • Where an accredited interpreter has been engaged, or
    • Where three or more parties (excluding the ICL) are involved
     
  • Stage 3
    •  
    • Where the trial has been listed for 3 or more days, or
    • Where an accredited interpreter has been engaged, or
    • Where three or more parties (excluding the ICL) are involved
     
  • Stage 4
    •  
    • Where the trial commenced and was adjourned or part heard, or where the trial did not commence and new trial dates have been allocated, and
    • Since the initial trial was prepared:
      •  
      • further subpoenas have been issued, or
      • an updated family report has been obtained, or
      • an updated expert report has been obtained, or
      • a family consultant was engaged after the trial was adjourned and is required to give updated evidence, or
      • affidavit material filed prior to trial needs to be updated,
      • written submissions are required to be filed for final determination, or
      • trial documents filed prior to trial need to be amended.
     
  • Stage 5
    •  
    • The appeal is being conducted by solicitor or counsel who were not involved in the substantive proceedings which gave rise to the appeal, and
    • It is considered that funding for additional preparation is an appropriate expenditure of limited public funds.

Decision makers of a higher delegation

If the trial is listed for 7 or more days the additional standard preparation request will be determined by a grants manager.

Requests for additional standard preparation for appeals will be considered by a grants manager.

If a matter meets the criteria for additional standard preparation and the matter has or will exceed the cap as outlined in guideline 18.2 - limit costs, the matter will be referred to a grants manager for consideration.

Documentary requirements

Extension of aid requests received from preferred suppliers or in-house practitioners

When seeking a grant of aid for additional standard preparation in a family law matter the practitioner must lodge an extension of aid request through the Grants Online system along with the relevant additional standard preparation information request.

Interpretation

Three or more parties involved

Legal Aid Queensland does not consider Independent Children’s Lawyers to be a third party to proceedings. Interveners to proceedings such as the Department of Child Safety will be deemed as a party to proceedings.

Additional standard preparation grants in stage 3 are mutually exclusive

Practitioners are only eligible for one additional standard preparation grant in stage 3.

Part heard trials where additional standard preparation for trial has been granted

If a practitioner was given an additional standard preparation grant in stage 3 for a 3 or 4 day trial and the matter is part heard which means that the trial has been extended to 5 days or more, the additional standard preparation grant for 5 days or more is not issued retrospectively. The practitioner is only eligible for additional standard preparation for an adjourned trial in stage 4.

Part heard trials where additional standard preparation for trial was not granted

If a practitioner was not given an additional standard preparation grant in this stage as the matter was only listed for 1 or 2 days and the matter is part heard which means that the trial has been extended to 3 or more days, the additional standard preparation grants for trials listed for 3 or more days is not issued retrospectively. The practitioner is only eligible for additional standard preparation for an adjourned trial in stage 4.

Formula for additional standard preparation grants

Legal Aid Queensland will provide a standard grant for trial preparation. The standard grant of aid for trial preparation takes into account all work required for a 1 or 2 day trial. Where a trial is listed for 3 or more days, Legal Aid Queensland will provide funding for additional standard preparation required based on the following formula:

Trial days

Solicitor instructing counsel

Counsel

Solicitor advocate

3 or 4 days

10 hours

6 hours

13 hours

5 or 6 days

15 hours

12 hours

18 hours

 

 

 

 

 

Where the trial is listed for 7 or more days, the solicitor will be required to provide the trial case plan and the preparation hours provided will be negotiated through a grants manager.

Grant(s) of aid

The grants of aid for additional standard preparation are as follows:

Stage 2

  • FMP1 – additional standard preparation where an accredited interpreter has been engaged or three or more parties (excluding the ICL) are involved

Stage 3

  • FMP2 – additional standard preparation for trials listed for 3 or 4 days (solicitor and counsel)
  • FMS3 – additional standard preparation for trials listed for 3 or 4 days (solicitor advocate)
  • FMP3 – additional standard preparation for trials listed for 5 or 6 days (solicitor and counsel)
  • FMS4 – additional standard preparation for trials listed for 5 or 6 days (solicitor advocate)
  • FMP4 – additional standard preparation where an accredited interpreter has been engaged or three or more parties (excluding the ICL) are involved

Where the trial is listed for seven or more days, the following clause codes will be issued FMP5 (solicitor) and FMP6 (counsel).The grant of aid provided for trials listed for seven or more days will be determined in line with the additional standard preparation formula or as negotiated following receipt of a detailed case plan.

Stage 4

  • FMP7 – additional standard preparation for adjourned or part heard trial (solicitor instructing counsel)
  • FMP8 – additional standard preparation for an adjourned or part heard trial (counsel)
  • FMS6 – additional standard preparation for an adjourned or part heard trial (solicitor advocate)

Stage 5

  • FM5F - additional standard preparation for solicitor for an appeal
  • FM5G - additional standard preparation for counsel for an appeal

Retrospective contributions

If the dispute includes property settlement, funding will be provided subject to the right to recover a retrospective contribution.

Review of decisions

Requests to review a decision in relation to the extent of the additional standard preparation grants will be referred to the officer with the next level of delegation to the initial decision maker unless the initial decision maker is the Chief Executive Officer.

A request for reconsideration must be made within 28 days of the date of receipt of the decision. The decision by the senior officer is final and conclusive. There is no appeal to the external review officer on these matters.

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