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Clause Code : IC3A

ICL prepare for trial (solicitor and counsel)

Clause type: Approval

Solicitor clause wording

Legal aid has been granted for the Independent Children’s Lawyer to prepare for a family law trial (solicitor instructing counsel). 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 allows: - Meeting with child or children - Communication and negotiation with the parties - Interview witnesses - Perusing - material filed by the parties - any family or medical reports - Preparing: - a case outline - a chronology of relevant events - case information - affidavit material - tender bundle - a brief to counsel - for court attendance - consent orders (if appropriate) - Inspecting documents at Court which have issued by way of subpoena including time spent photocopying documents - Engaging and instructing report writers or other experts - Filing documents - Attendance at two court appearances before the trial commences - Compliance certificate - Explaining orders made to child or children

Explanatory notes

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

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 and expert reports are subject to separate grants of aid (request separately).

Solicitors

Fee Structure 1

Work type Fee
All Work On Clause $3,080.00
Total $3,080.00

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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