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Clause Code : FMS2

Prepare for trial – solicitor advocate (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. 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. 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 - 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. 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 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
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