Family (State) - 1 July 2020 to 30 June 2021
Fees for State law matters for approvals made on or after 1 July 2020
Fee Scales
1. Care and Protection - Practitioner Fees
Scale of fees for approvals made on or after 1 July 2020 pursuant to the Children and Young Persons (Care and Protection) Act 1998 (NSW) matters
Guidelines
Funding of aid in care and protection matters are subject to the ”availability of funds test”. This provides that “in state matters legal aid will only be granted if Legal Aid NSW determines that sufficient funds are available”.
Fees
Fees are calculated on the basis of an hourly rate of $160 net per hour.
Lump sum grants have been set for certain stages of matter in care and protection proceedings. Where a lump sum has been set, Legal Aid NSW does not pay for actual time spent by a solicitor on an hourly basis.
Where no lump sum has been set Legal Aid NSW will pay practitioners on a pro rata basis for actual Court time spent at a defended hearing.
The maximum amount payable per hearing day is $800 net.
Court attendance includes waiting time but excludes travel time. Waiting time is calculated from the time the matter is listed in Court, or the time the practitioner arrives at Court, whichever is the latest. Waiting time will not be paid where a practitioner has more than one matter in court on any particular day.
There is no right of appeal against the decision to grant aid by way of a lump sum grant. There can be no appeal against the amount of the lump sum grant or a refusal to increase that lump sum grant.
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READING/PREPARATION
A lump sum fee is paid for preparation for final hearings. This may only be claimed if the matter is listed for a specific defended hearing.
A lump sum fee, based on the hourly rate, is calculated for appeals to the District Court and Supreme Court based on estimated preparation time. Legal Aid NSW sets the lump sum when the grant is approved.
Payments of additional fees outside the fee scale will only be approved in exceptional circumstances.
PREPARATION OF COURT DOCUMENTS
Preparation of court documents is a separate fee payable at each stage. This fee is paid on a pro rata basis (hourly rate to the maximum allowed) for Stage 3. The fee is a lump sum for Stage 2 (interim application) and Stage 4 (Placement).
The fee for preparation of court documents at any stage excludes preparation of administrative court documents, for example the Notice of Address for Service, Notice to Clinician to attend hearing, Notice for hearing/listing date. Preparation of administrative court documents is covered in the fee for taking instructions.
A lump sum fee, based on the hourly rate, is calculated for appeals to the District Court and Supreme Court based on estimated preparation time. Legal Aid NSW sets the lump sum when the grant is approved.
Payments of additional fees outside the fee scale will only be approved in exceptional circumstances.
WITNESS EXPENSES
Witness expenses will only be paid where Legal Aid NSW has given prior approval.
ENGAGING AN AGENT In ordinary circumstances, a practitioner is not entitled to claim additional funding to instruct an agent. Where an agent is retained because the assigned practitioner is unavailable, the agent must be a panel practitioner and must be paid out of the assigned practitioner’s lump sum fee for any court attendance up to the hearing stage.
Mentions: An additional allowance to instruct an agent at a mention will not be approved unless the practitioner can show that the matter is complex enough to justify an instructing allowance and:
- Legal Aid NSW is satisfied that engaging an agent is an economical use of legal aid funds; or
- exceptional circumstances exist.
Hearings: The use of an agent at a hearing will only be approved in exceptional circumstances. If a practitioner cannot attend a hearing it will generally be considered more appropriate for the matter to be reassigned to an available panel practitioner.
COUNSEL
Funding will only be granted to brief Counsel where complex issues of fact or law are raised or there are exceptional circumstances.
Counsel may be briefed in a care and protection matter (including appeals to the District Court and Supreme Court) only with the prior approval of Legal Aid NSW.
Where briefed, Counsel will be paid at the rate of $160 per hour for court appearances to a maximum of five hours per day. When not briefed, Counsel will be paid at the rate of $240 per hour to a maximum of five hours per day.
Preparation fees for Counsel are payable as a lump sum (based on an hourly rate of $160) and must be negotiated with Legal Aid NSW. Preparation is only payable where prior approval has been obtained from Legal Aid NSW.
Pre-litigation: Contact Dispute Mediation
Preparation for contact dispute mediation (including intake with mediator) | $400 |
For child representatives: visit to a child | $320 plus additional $160 for each visit to additional child/ren per separate location |
Attendance at contact dispute mediation | $160 per hour to a maximum of 4 hours |
Stage 2: Applications for interim and other orders fixed for defended hearing This stage covers: interim orders in pending care matters (i.e. where a final care order has not been made) and other orders under the Children and Young Persons (Care and Protection) Act that are fixed for a specific defended hearing Eligible hearings include: |
|
Taking instructions, reading court documents (and other materials), and attendance at all initial court appearances including the preparation of administrative court documents such as a Notice of Address for Service, Notice to Clinician to attend hearing, Notice for hearing/listing date.
| $320 |
Preparation of court documents including affidavits. NOTICE: this fee excludes the preparation of administrative court documents such as a Notice of Address for Service, Notice to Clinician to attend hearing, Notice of hearing/listing date.
| $480 |
Attendance at each day of defended hearing NOTE: To be eligible for this funding, the matter must be fixed for a specific defended hearing. | $160 per hour to a maximum of 5 hours per day |
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Alternative dispute resolution (includes Care Circle Pilot) This covers: preparation and attendance at a conference under the Care Circle Pilot.
Also, in situations where there are no current proceedings under the Children and Young Persons (Care and Protection) Act, 1998 (NSW) and where special disadvantage and other policy criteria have been met, funding is available for:
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Taking instructions and general preparation including the preparation of administrative court documents such as a Notice of Address for Service, Notice to Clinician to attend, Notice for hearing/listing date.
| $320 |
Representing client at ADR process | $160 per hour to a maximum of 4 hours |
Fee Scales
2. Duty Fee Scale
Hourly rate | |
Duty Lawyer Scheme | $160 per hour (for the number of hours approved on the duty purchase order) |
3. Travel Entitlements in State Care and Protection Matters for approvals made on or after 1 September 2010
A travel allowance and lump sum payment is paid if the total return distance travelled from the legal practitioner's office to court exceeds 70 kilometres, and the practitioner is travelling to a court located outside the Sydney metropolitan area.
The Sydney metropolitan area includes all courts within the area bounded by:
- Hornsby;
- Penrith;
- Campbelltown; and
- Sutherland.
Unless there are exceptional circumstances, the travel allowance will not be approved where the matter could be assigned to:
- a practitioner located within 35kms of the court;
- a practitioner who is significantly closer to the court;
- a practitioner who has other matters at the court on the same day.
Prior approval to claim the travel allowance must be obtained from Legal Aid NSW.
Unless there are exceptional circumstances, the travel allowance will not be approved to attend the following Children’s Courts:
- Metropolitan Sydney (including Parramatta and Surry Hills)
- Nowra
- Broadmeadow
- Campbelltown
- Port Kembla
- Woy Woy
- Lismore
- Tamworth
- Wyong
Pursuant to the Duty Solicitor Scheme Guidelines travel is not generally paid to practitioners rostered to attend court as the Duty Solicitor except where there has been prior approval by Legal Aid NSW or the duty work is undertaken in one of the regions nominated in the Duty Solicitor Scheme Guidelines.
If travel allowance is being claimed, approval should be sought in the original application.
Travel allowance cannot be claimed more than once per day to the same court, regardless of the number of legal aid applicants being represented at that court.
Travel Entitlements
Travel allowances
Where approved, travel will be paid at a rate of $0.68 per kilometre, or where appropriate, a return economy airfare (whichever is cheaper).
Payment for travel time
Payment for travel will only paid where the private lawyer is travelling over 35 kilometres (one way). The hourly fee rate is paid at $80.
Distance each way Example distances only | 0.68 per km after 35 km plus time at $80/hour |
50 km | $113 |
100 km | $275 |
150 km | $437 |
200 km | $599 |
250 km | $760 |
Note: Travel allowances will be paid at actual kilometre rates submitted
Note: Lawyers travelling for duty and case work on the same day can only claim the travel allowance for either duty or the case work.
Accommodation
Where approved, accommodation expenses (including sustenance) will be paid as incurred to the maximum rates determined by the Department of Premier and Cabinet of the NSW government. Click here to view the current rates.
Frequently Asked Questions
Is travel allowance available for appeals?
Yes, provided the criteria for the travel allowance is met and prior approval is obtained.
If travel allowance is approved for a trial, is an allowance paid for accommodation and meals?
Yes. Actual expenses for meals and accommodation may be payable for each 24 hour period up to the maximum rates determined by the Public Employment Office of the NSW government. If an accommodation and sustenance allowance is approved, the applicable rate will be provided to you at the time of the grant or extension. All receipts must be provided and actual expenses only may be recovered.
My client has asked me to appear for him at a court that is more than 35kms from my office. My client insists that I appear and is unwilling to accept another solicitor. Is the travel allowance available? Generally a travel allowance will not be approved where a practitioner located within 35 kms of the Court is available to appear for the client. In exceptional circumstances travel may be approved e.g. where the client is a child, or has a disability, and Legal Aid NSW agrees that continuity of representation is in the interests of the client.
Is travel allowance payable for views (in criminal matters)? Yes, however, prior approval for the view must be obtained from Legal Aid NSW and will be limited to views conducted outside the Sydney metropolitan area.
How do I calculate the driving/road distance between destinations?
The website http://www.travelmate.com.au may assist in calculating distance between destinations.