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Clause Code : FM5C

Appeal to Single Judge of Family Court for solicitor and counsel

Clause type: Approval

Solicitor clause wording

Legal aid has been granted for you and a counsel to lodge an appeal or respond to an appeal to a Single Judge of the Family Court. 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. This stage includes: - Preparing for the appeal, including but not limited to: - settling of appeal index - complete pre-argument documents - summary of argument - list of authorities - brief to counsel - Preparing for court attendance - Attendance at court for: - Any procedural hearing - Day one of appeal 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 and counsel to appeal or respond to an appeal to a Single Judge of the Family Court. Grants of legal assistance in family law matters are provided in stages. This stage allows your solicitor and counsel preparing for the appeal, attending court for any procedural hearings and day one of appeal. The maximum professional fee Legal Aid Queensland will pay at this stage is $1,680.00 for your lawyer plus $2,291.90 for counsel and $50.00 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.

Fee on brief for family law appeal
Where counsel is briefed in an appeal for a family law matter and the appeal proceeds, counsel is entitled to claim the full fee on brief.

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 $1,680.00
Total $1,680.00

Barristers

Fee Structure 1

Work type Fee
Fee On Brief $2,291.90
Total $2,291.90

Outlays

Work type Fee
Total disbursements $50.00
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