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Clause Code : FM3B

Prepare for trial (partial 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. Grants of legal assistance in family law matters are provided in stages. At this stage, aid has not been approved for you to represent your client at trial as a full merit assessment has not yet been made. You will need to provide our office with a copy of the family report and any other expert reports (which we note are yet to be released) prior to the listed trial date. Once our office receives this material, we will determine whether your client is eligible for funding for representation at trial. 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 for 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. At this stage, your solicitor has not been approved to represent you at trial as a full merit assessment has not yet been made on your case. Your solicitor has been requested to provide our office with more information to determine whether you are eligible for funding for representation at trial. This stage allows your solicitor taking your instructions, communicating and negotiating with the other party, preparing for your trial, briefing counsel and attending up to two court appearances before your trial commences. The maximum fee Legal Aid will pay your lawyer is $2,800.00, $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
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