Clause Code : FM2A

Initiate / respond to proceedings for interim and final orders until a substantive interim order is made.

Clause type: Approval

Solicitor clause wording

Legal aid has been granted for you to represent your client to make an application or respond to court proceedings. For parenting matters, this grant of aid covers all work until a substantive interim order about parenting is made. For property only matters, this grant of aid covers all work up until trial directions. Grants of legal assistance in family law matters are provided in stages. This stage includes: - Taking client instructions - Communication and negotiation with the other party - Preparing: - initiating application or response - affidavit material - notice of address of service - acknowledgment of service - notice of risk of abuse - subpoenas - exemption of fees - for court attendance - consent orders (if appropriate) - Peruse material filed by the other party - Inspecting documents at Court which have issued by way of subpoena - Filing documents - Attendance at court for three court appearances (including interim / undefended hearings) As your client is in receipt of a grant of legal assistance, a waiver of filing fees should be sought. 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 you to be represented in the Family Law Courts to make an application or respond to court proceedings. Grants of legal assistance in family law matters are provided in stages. Tests apply for continued funding for further stages of the proceedings. This stage allows for your solicitor taking your instructions, communicating and negotiating with the other party, preparing court documentation and attending court appearances until a substantive interim order about parenting is made. The maximum fee Legal Aid will pay your lawyer for this stage of proceedings is $3,000.00 plus disbursements of $75.00. 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.
 
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

Solicitors Fee Structure 1
Work Type Fee
All Work On Clause $3,000.00
Total $3,000.00

Outlays

Outlays
Work Type Fee
Total disbursements $75.00
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