Main Content Anchor

Clause Code : FM3A

Prepare for trial (full merits assessment made)

Clause type: Approval

Solicitor clause wording

Legal aid has been granted for you to prepare for a trial in the Family Law Courts. This is a maximum fee grant of aid. Claims can be made for actual time spent up to the maximum. Grants of legal assistance in family law matters are provided in stages. A full merits assessment has been made on this case. This means that your client has also been assessed as eligible for representation at trial. When the matter is proceeding to trial please submit the relevant extension request for approval. This stage includes: - Taking client instructions - Communicating and negotiating with the other party - Preparing: - a case outline - a chronology of relevant events - case information - a schedule of factual issues in dispute - affidavit material - a brief to counsel - for court attendance - consent orders (if appropriate) - Perusing: - material filed by the other party - any family or medical reports - Inspecting documents at Court which have issued by way of subpoena - Filing documents - Attendance at court for up to two (2) appearances before the trial commences. Funding for parties in family law matters are subject to a cost cap. Refer to Guideline 18 – Family law costs management.

Client clause wording

Legal aid has been granted for your solicitor to prepare for a trial in the Family Law Courts. Grants of legal assistance in family law matters are provided in stages. A full merits assessment has been completed on your case. This means that you have also been assessed as eligible for representation at trial. This stage allows your solicitor taking your instructions, communicating and negotiating with the other party, preparing for your case, briefing counsel and attending up to two court appearances before your trial commences. The maximum fee Legal Aid will pay is $2,800.00 for your lawyer, $1,146.00 for counsel and $200.00 for disbursements. Funding for parties in family law matters are subject to a cost cap. Refer to Guideline 18 - Family law costs management.

Explanatory notes

Attendances
Practitioners must claim for the actual time spent on a matter, up to the maximum allowable.

Counsel preparation for trial (family law)
Counsel is entitled to the full amount of the preparation for trial grant if the brief was delivered to and accepted by counsel and preparation for trial was conducted.

Changing from solicitor and counsel to solicitor advocate
If a practitioner has been granted aid for trial preparation for solicitor and counsel and determines that they wish to proceed with the trial as solicitor advocate, the solicitor advocate trial preparation grant will only be issued if counsel was not briefed. In these instances, the assessing officer will cancel the solicitor and counsel grant and issue the solicitor advocate grant.

If counsel was briefed for trial and the solicitor proceeds with the trial as solicitor advocate the solicitor will only be entitled to the solicitor advocate rate for days of trial.

Sundries
Practitioners may claim up to the entire sundries fee granted. The sundries fee includes all photocopying, phone calls, faxes and stamps. The fees provided are fixed. There are no exceptions for exceeding the sundries grant provided.

Specific disbursements such as subpoena fees or expert reports are subject to separate grants of aid (request separately).

Solicitors

Fee Structure 1

Work type Fee
All Work On Clause $2,800.00
Total $2,800.00

Barristers

Fee Structure 1

Work type Fee
Prepare For Trial $1,146.00
Total $1,146.00

Outlays

Work type Fee
Total disbursements $200.00
Back to top