Main Content Anchor

Clause Code : FMS1

Prepare for trial – solicitor advocate (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 - for court attendance - questions for the cross examination of witnesses or experts - 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 and attending up to two court appearances before your trial commences. The maximum fee Legal Aid will pay your lawyer is $3,220.00 and $150.00 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.

Changing from solicitor advocate to solicitor and counsel
If a practitioner has been granted aid for trial preparation for solicitor advocate and determines that they wish to proceed with the trial with counsel, the solicitor advocate trial preparation grant will be cancelled and a new grant will be issued for trial preparation for solicitor and counsel.

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 $3,220.00
Total $3,220.00

Outlays

Work type Fee
Total disbursements $150.00
Back to top