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Consultation Paper New fees framework for family legal aid providers

Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all

liability of any kind to any person or entity that chooses to rely upon the information.

Published by the Ministry of Justice in

2012 © Crown Copyright

Ministry of Justice

The Vogel Centre, 19 Aitken Street

DX SX10088 Wellington

T: 04 918 8800

F: 04 918 8820

E: [email protected]

W: www.justice.govt.nz

http://www.justice.govt.nz/

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Table of Contents

Introduction 4

Consultation process 5

Decisions and implementation 5

New family fees framework 6

Overview 6

Activities appropriate for fixed fees 6

Sampling 6

Schedule development 7

Achieving efficiencies across proceedings schedules 7

Subsequent proceedings 7

Fee setting approach 7

Provider rates and hearing activities 7

New policy 8

Case management levels 8

Amendments to grants 8

Amendment criteria 9

Non-lawyer costs and agents’ fees 9

Applications received before and after the July 2012 start date 9

New forms 9

Changes to existing policy 9

Reassignment policy 9

Consultation feedback 11

Questions 11

Proposed Family Fees Schedules: 12

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Introduction

he Ministry of Justice is introducing a new fee framework for family legal aid cases, and is seeking views on the details of that framework.

The new framework is one of several changes being made to the legal aid system in order to make it more sustainable, improve the quality of service provided to people who are eligible for legal aid, and better match public funding to New Zealanders' legal needs. It is also intended to provide greater certainty for legally aided clients, legal aid providers, and the government around the cost of legal aid services.

The new fee framework is designed to apply to cases that have relatively standard costs. It recognises that, while few cases are identical, they all progress through well-defined stages of preparation. We expect that the new fees framework would accommodate the majority of family cases. However, we recognise that some cases would require additional work and an amendment to the legal aid grant.

This consultation paper is available at www.justice.govt.nz/services/consultation.

T

http://www.justice.govt.nz/services/consultation

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Consultation process The Ministry of Justice is interested in your views on the proposals in this document. We are specifically interested in answers to the questions on page 13, but welcome feedback on any aspect of the framework.

Please submit your written consultation responses by close of business on 9 March 2012 to:

[email protected]

Or post to:

Family and Civil Legal Aid Framework Consultation Legal Aid Services Ministry of Justice 19 Aitken St DX SX10125 WELLINGTON 6145

A general summary of submissions will be made available on the Ministry of Justice website post consultation. Please note that your submission may become publicly available if a request for information is made under the Official Information Act. Please indicate in your submission if you consider any part of your submission should not be disclosed to other parties.

Decisions and implementation Final decisions on rates and operational policies for the fees framework for family legal aid providers will be made available in April 2012. The new fees framework would take effect in July 2012.

mailto:[email protected]

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New family fees framework

Overview nder the current framework providers are paid for ‘actual and reasonable’ time taken to perform tasks in the PROCEEDINGS STEPS under Standard Family Granting. The proposed fees framework replaces that by applying a fee per activity, this being the primary

mechanism for managing family legal aid cases.

Not all family matters were considered appropriate for fixed fee schedules. Some of the factors taken into account were low case volumes and other policy factors.

The fixed fees and the provider hourly rates are based on analysis of approved provider payments made in the period October 2010-December 2011, and have been moderated by the Ministry’s specialist advisers.

It is expected that the majority of family legal aid cases would be managed as Fixed Fees. Those Fixed Fee cases meeting amendment criteria would be managed as Fixed Fee Plus cases. The remainder would be managed as Legally Complex.

The new fee schedules (refer appendix) remain consistent with the staged approach of the Family Court process. They are made up of key activities and associated tasks. Common activities, such as Additional Factors, would only be invoiced once per stage within a case. Other activities such as Pre-Hearing Matters would be invoiced against all proceedings types. Reductions would apply where a case has multiple proceedings. The aim of this measure is to incentivise efficiencies, and reduce legal aid expenditure.

Applications for amendments to the grant would be considered in cases where complexities are identified and additional work is justified. Fixed fee development and setting

Activities appropriate for fixed fees

Family proceedings suitable for conversion to fixed fee schedules include Care of Children, Domestic Violence, Guardianship, Relationship Property, Mental Health and matters under the CYFS Act 1989. Some matters unsuitable for conversion to fixed fee schedules include Hague Convention and Intellectual Disability proceedings.

Sampling

The proposed fixed fee schedules are based on the average amounts paid for activities in just over 14,500 family cases completed during the period October 2010-December 2011. This was the first full year that accurate expenditure on family legal aid could be extracted from the Legal Services Management System. That work was supplemented by evaluation of a further hard copy sampling of some 300 family legal aid cases covering all the relevant proceedings and drawn from the period September 2008 to August 2010.

U

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Schedule development

Some existing proceedings have been grouped together for example Day-to-Day Care & Contact has been combined with Guardianship and are now called ‘General Family’

Activities which occur together have been reorganised and broken down to a finer level of detail for the purposes of fee setting. Although the task content remains much the same as the current proceedings steps, some activities have been removed or replaced.

This can be seen when comparing Step 1 Children and Young Persons with the fixed fees for this stage in proceedings. Step 1, Application for Declaration, has only one activity. The corresponding section in the new fees schedule contains four separate activities covering applications for initial and subsequent applications.

Achieving efficiencies across proceedings schedules

Where a case has multiple common activities such as Additional Factors, which occur across all proceedings, providers can only invoice against one matter.

Other activities such as Application/s/Order/s and Pre-Hearing Matters, which occur across most proceedings, can be invoiced against all proceedings although reductions will apply. For example, where a case covers both Day-to-Day Care and Contact, and Domestic Violence (Applicant) proceedings an Application/s/Order/s fee can be invoiced for the initial proceedings and a reduced Application/s/Order/s fee can be invoiced for the second proceedings (to account for efficiencies).

Subsequent proceedings

Where new proceedings are added to the existing grant these will be treated as second or subsequent proceedings and will therefore attract a reduced fee in order to account for efficiencies.

Fee setting approach

The fees are derived from the average of approved payments per activity referred to in the sampling above. The results were then moderated. Any post-implementation anomalies arising would be addressed through ongoing monitoring of the fee framework. This would ensure that the fixed fee schedules remain viable, and that provider services are delivered in line with the Legal Services Act 2011. This monitoring will inform an evaluation of the fee levels planned for 2013.

Provider rates and hearing activities

It is proposed to apply hourly rates for hearing preparation based on anticipated hearing time and the case management level. The base hourly rate for Fixed Fee and Fixed Fee Plus cases would be $105 per hour, and the higher hourly rate for Legally Complex cases would be $134 per hour. Actual hearing time would be paid in half hour blocks based on the appropriate case level rate.

8

New policy

Case management levels

The family legal aid framework has three case levels. They are:

Fixed Fee Cases where fixed fees apply to all case activities, aside from hearing times (which are managed through hours at the base fixed hourly rate), are anticipated to predominate. These are cases which do not require amendments to the grant for individual activities.

Fixed Fee Plus A small percentage of cases may require a mix of fixed fees and additional hours. In such cases, some or most of the activities fall within the fixed fees schedules. However, the provider requiring additional time to complete the case would be able to apply for an amendment to the grant. If the amendment criteria below are accepted then hours at the base hourly rate would replace the fixed fee for the relevant activity; they would not be approved in addition to the fixed fee.

Legally Complex A very small percentage of cases where fixed fees would apply for some or much of the case, but some activities (which may extend to all case activities) require the replacement of fees with hours at the higher hourly rate. Such a case might contain one or more amendment criteria and relate to contentious or ambiguous matters of law, international jurisdictions, or contemplation of matters requiring transfer to a higher forum.

Amendments to grants

An application for an amendment to the grant would be made on a new form, currently under development. Providers would need to identify the activity/s in question, justify the additional

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hours required, and describe the impact of any complicating factors (which may differ from the content of the indicative list below).

Amendment criteria

Criteria that may generate additional work include:

Alienation/deprivation factors that have a significant impact on legally aided persons and/or children subject to the proceeding;

Allegations/instances of sexual abuse, drug/alcohol abuse, domestic violence (in non-domestic violence proceedings);

Applications in respect of multiple children where circumstances are different;

Multiple parties (more than two); and

Multiple witnesses (and multiple affidavits required).

Non-lawyer costs and agents’ fees

Non-lawyer costs and agents’ fees would not be claimed as a disbursement (or otherwise) as these have been built into the fixed fees. There would be a revised list of disbursements for which prior approval is not required. Otherwise, the existing disbursement policy would apply.

Applications received before and after the July 2012 start date

Applications for legal aid received before the July 2012 start date would be considered under the current framework, even if the decision to grant aid is made on or after the July 2012 start date. Additional matters may be added to applications dated before July 2012, and would be managed under the current framework. Applications for legal aid received on or after July start date would be considered under the new framework.

New forms

New forms for use after the July 2012 start date would be introduced for invoicing, amendment requests, and termination of assignment.

Existing forms would be used for legal aid applications submitted prior to the July 2012 start date.

Provider invoices would display all activities for which fees or provider hours are claimable under the Schedule pursuant to the case. In completing an invoice form, providers would declare that they have informed the Legal Services Commissioner that there are no other activities they are seeking payment for that are the subject of another invoice.

Changes to existing policy Reassignment policy

Reassignment increases the cost of a case significantly, particularly around the duplication of administrative and legal services. Whilst there are no substantive changes to the reassignment policy, the approach to provider remuneration would change.

When the grounds for reassignment have been accepted, the previous provider would invoice for those activities completed up to the point of reassignment. They would also complete a Reassignment Form (under development) with details of the work completed.

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The expectation is that the previous provider would hand over the case to the new provider so that the latter has all the associated information including documentation. The aim here is to ensure that any duplication of work is minimal.

The new provider would be paid for those activities completed from the point of reassignment. Any invoice by the new provider for activities completed prior to reassignment would be justified in that it would show that the work was required.

Where multiple reassignments occur within a case, the same rules would apply for each occurrence.

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Consultation feedback

The following questions are designed to focus on key areas for feedback. If you have comments on other aspects of the proposals, then please do provide these as well.

Questions 1. What do you think about the modified proceeding schedules? Is the arrangement of the

activities practical? If not, please provide reasons.

2. What are your views on treating certain activities as being repeatable (for example Judicial Conferences) and others that are not (for example Additional Factors)?

3. Are the fixed fees appropriate for the activity they cover? Are the values for second or subsequent matters reasonable? Please elaborate.

4. Is the allowance for efficiencies re multiple matters a reasonable approach? If not, please provide reasons.

5. What are your views on each of the three case levels? Are these distinctions an accurate reflection of the case complexities? Do the values for the hearing activities reflect the distinctions adequately? If not, please provide reasons.

6. What are your views on the list of amendment criteria? Are there any other factors that should be taken into account (excluding those listed in the Additional Factors activity in the Schedules)? If so, please provide a list with an explanation. .

7. Do you have any views on the approach to non lawyer and agent fees? If so, what are they?

8. Is the approach to provider remuneration for reassignments reasonable? If not, please provide reasons.

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Proposed Family Fees Schedules:

Pre-proceedings Settlements Settlement of legal disputes prior to proceedings Activity Fees Tasks

Negotiation of settlement $470 For

Taking instructions, attending the client

Identifying legal and factual issues

Preparing application for legal aid

Liaising with the other party(s)

Conducting negotiations and where possible reaching agreement

Reporting to client

Reporting to and invoicing Ministry of Justice

13

Adoption Application(s)/Order(s) Activity Fees Tasks

Application(s)/Order(s) - First/only proceedings

$570 For




Preparing proceedings, including the following documents:

o Affidavit(s) in support o Consent of the birth parents

or an application for consent to be dispensed with

o Section 10 report from social worker

Attend formal hearing and obtain interim adoption order

If undefended and application is resolved apply for final order

Reporting to client


Application(s)/Order(s)- Second proceedings

$290 (50%

reduction for

efficiencies)

Application(s)/Order(s) - Third and subsequent proceedings

$290 (50%

reduction for

efficiencies)

Application to dispense with consent $140 For

Preparing an application to dispense with consent.

Defended Hearing Activity Fees Tasks

Defended Hearing – Preparation $160 per anticipated

hour of hearing

time

For

Reviewing file

Preparing for defended hearing – cross examination, briefing witnesses, submissions

Undertaking research, if necessary

Reporting to client


Defended Hearing – Hearing time $53 per half hour

For

Attending defended hearing

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Children & Young Persons (CYP) Application(s)/Order(s) Activity Fees Tasks


$570 For

Taking instructions, attending client



Preparing application for interim/final declaration (orders), including:

o Affidavit(s) in support o Information sheets for the

Court (See Granting Notes for impact of s120 of CYPF Act on parenting order(s) issued under Care of Children Act)

Serving of documents

Considering need for Counsel for Child

Considering need for s178 report from medical or mental health specialist

Attending CYPF List or Judges List hearing

Reporting to client



$290 (50%

reduction for

efficiencies)


$290 (50%

reduction for

efficiencies)

Additional Factors $140 For

Additional attendances are required in instances where:

o Self-represented litigants are party to proceedings

o The legally aided person suffers from mental illness/intellectual disability

o The legally aided person requires an interpreter/translator or has barriers to communication (which don’t require an interpreter/translator)

Fee can only be claimed once per case.

Pre-hearing Matters Activity Fees Tasks

Pre-hearing matters – Application(s)/Order(s) - First/only proceedings

$710 For

Taking further instructions

Undertaking negotiations

Attending Registrar’s List/Chambers Pre-hearing matters – Application(s)/Order(s)- Second

$360 (50%

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proceedings reduction for

efficiencies)

hearings

Liaising with relevant parties – CYF, Counsel for Child, witnesses, experts

Considering specialist reports – s178 report (medical and mental health specialist)

Undertaking discovery

Preparing interlocutory application(s), pre-trial conference memorandum

Reporting to client


Pre-hearing matters – Application(s)/Order(s) - Third and subsequent proceedings

$360 (50%

reduction for

efficiencies)







Judicial Conference(s) Activity Fees Tasks

Judicial Conference(s) – Preparation $140 For

Preparing for judicial conference(s) (including memorandum of issues)

Reporting to client


Judicial Conference(s) – Hearing time $53 per half hour

For

Attending judicial conference(s)

Interlocutory Hearing(s) Activity Fees Tasks

Interlocutory hearing(s) – preparation

$140

For

Preparing for interlocutory hearing(s)

Reporting to client


Interlocutory hearing(s) – hearing time

$53 per half hour

For

Attending interlocutory hearing(s)

16

Mediation/Round-table Conference(s) Activity Fees Tasks

Round-table Conference(s)

$140 For

Reviewing file

Preparing for mediation/round-table conference(s) including briefing client, submissions

Attending round-table conference(s)

Reporting to client


Mediation Conference(s) – Preparation

$140

Mediation Conference(s) (only) – Hearing time

$53 per half hour

For

Attending mediation conference(s)


Defended Hearing – preparation $160 per anticipated

hour of hearing

time

For

Reviewing file



Reporting to client


Defended Hearing – hearing time $53 per half hour

For








Post-Defended Hearing Activity Fees Tasks

Review of Judgment $140 For

Receiving and considering judgment

Advising client on implementation of judgment

Reporting to client

Reporting to and invoicing Ministry of

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Justice

Review Hearing (Court-directed)

$240 For

Reviewing care and protection plan, taking instructions

Preparing amendment to legal aid grant (if expecting to exceed the guideline hours)

Consulting with CYFS

Attending review hearing

Reporting to client


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Domestic Violence (Applicant & Respondent) Application(s)/Order(s)

Applicant & Respondent Activity Fees Tasks


$570 For




Preparing: o ‘Without notice’ or ‘on notice’

application for order(s), including:

Affidavit(s) in support Information sheets for

the Court OR

o Preparing notice of defence/notice of intention to appear, including affidavit(s) in support



Receiving minute/orders (either following in chambers or 1st Registrar’s/Judge’s List call)

Liaising with third parties – Police, Doctor, hospital, witnesses, experts, programme issues

Preparing and attending, as required, Registrars List(s)

Reporting to client



$290 (50%

reduction for

efficiencies)


$290 (50%

reduction for

efficiencies)

Defended Second and third Domestic Violence applications

$240 For

Preparing one or two orders/protection related conditions in addition to the protection order/notice of defence

Reporting to client






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Applicant Only Undefended Second and third Domestic Violence applications

$240 For

Preparing one or two orders/protection related conditions in addition to the protection order

Reporting to client


Undefended Fourth and subsequent Domestic Violence applications

$240 For

Preparing three or more orders/protection related conditions in addition to the protection order

Reporting to client


Defended Protection Order $470 For

Receiving/perusing notice of defence and associated documents from respondent


Preparing, filing and serving applicant’s reply


Liaising with Court appointed counsel, and third parties (Police, doctor, hospital, witnesses, experts)

Preparing and attending, as required, Registrar’s list(s)

Reporting to client


Respondent Only Objection to Programme $240 For

Preparing objection to programme

Reporting to client


Formal Proof Hearing Activity Fees Tasks

Formal Proof Hearing – Preparation $140 For

Preparing for Formal Proof Hearing

Reporting to client

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Formal Proof Hearing – Hearing time $53 per half hour

For

Attending Formal Proof Hearing to resolve undefended application(s)


Pre-hearing Matters – Application(s)/Order(s) - First/only proceedings

$710 For


Reporting to client


Pre-hearing Matters – Application(s)/Order(s)- Second proceedings

$360 (50%

reduction for

efficiencies) Pre-hearing Matters – Application(s)/Order(s) - Third and subsequent proceedings

$360 (50%

reduction for

efficiencies) Additional Factors $140 For








hour of hearing

time

For

Reviewing file



Reporting to client



For


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22

General Family (Day-to-Day Care & Contact and Guardianship) Application(s)/Order(s) Activity Fees Tasks


$570 For




Referrals to counseling services

Conducting initial negotiations between parties

Preparing application for interim/final order(s), including:


Court


Receiving minute/orders (either following in chambers or 1st Registrar’s/Judge’s List call)

Reporting to client



$290 (50%

reduction for

efficiencies)


$290 (50%

reduction for

efficiencies)








Formal Proof Hearing – Preparation $140 For


Reporting to client


Formal Proof Hearing – Hearing time $53 per half hour

For

Attending Formal Proof Hearing to resolve undefended application(s)

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Memorandum of Consent Activity Fees Tasks

Memorandum of Consent $140 For

Preparing memorandum of consent if agreement reached

Seeking approval of Court

Reporting to client



Pre-hearing Matters – Application(s)/Order(s) - First/only proceedings

$710

For

Receiving notice of defence and undertaking negotiations

Taking further instructions

Filing affidavit(s) in reply

Attending Registrar’s List/Judges List/Chambers hearings

Liaising with relevant parties – CYFS, Counsel for Child, witnesses, experts

Considering specialist reports, for example

o s132 report - social worker o s133 report - mental health,

cultural specialist o s59 – allegations of violence o Lawyer for Child’s report



Reporting to client


Pre-hearing Matters – Application(s)/Order(s)- Second proceedings

$360 (50%

reduction for

efficiencies)

Pre-hearing Matters – Application(s)/Order(s) - Third and subsequent proceedings

$360 (50%

reduction for

efficiencies)







24

Judicial Conference(s) Activity Fees Tasks

Judicial Conference(s) – Preparation $140 For

Preparing for judicial conference(s) (including memorandum of issues)

Reporting to client


Judicial Conference(s) – Hearing time

$53 per half hour

For

Attending judicial conference(s)


Interlocutory hearing(s) – Preparation

$140 For

Preparing submissions for interlocutory hearing(s)

Reporting to client


Interlocutory hearing(s) – Hearing time

$53 per half hour

For


Mediation/Round-table Conference(s) Activity Fees Tasks

Round-table Conference(s)

$140 For

Reviewing file

Preparing for mediation/round-table conference(s) including briefing client, submissions

Attending round-table conference(s)

Reporting to client


Mediation Conference(s) – Preparation

$140

Mediation Conference(s) (only) – Hearing time

$53 per half hour

For

Attending mediation conference(s)



hour of hearing

time

For

Reviewing file



Reporting to client



For




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Review of Judgment $90 For


Receiving and considering judgement

Discussing with client

Advising client on implementation of judgement

Reporting to client


Review Hearing (Court-directed)

$240 For

Reviewing orders

Taking instructions

Attending review hearing

Reporting to client


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Mental Health Section 16 review

Activity Fees Tasks

New instructions $240 For Receiving initial instructions and

identifying legal and factual issues Preparing application for legal aid (and

amendment to grant if applicable) Reporting to and invoicing Legal Aid

Repeat within 4 months $140 Discounted fees for repeat instructions by the same provider for the same applicant within each specified time-frame

Repeat within 18 months $190

Second section 16 review during one continuous period of assessment and treatment

Activity Fees Tasks

Taking instructions $90 For Receiving instructions and identifying

legal and factual issues Advising reasons for second application Reporting to and invoicing Legal Aid

Undefended CTO application following a section 16 review

Activity Fees Tasks

Take instructions $430 For Receiving initial instructions and

identifying legal and factual issues Preparing application for amendment to

grant Confirming previous grant for s16 review Reporting to and invoicing Legal Aid



Undefended CTO application where there has been no section 16 review

Activity Fees Tasks



amendment to grant if expecting to exceed the guideline hours for this step)

Reporting to and invoicing for Legal Aid



Defended CTO application following a section 16 review

Activity Fees Tasks

Take instructions $570 For Receiving instructions and identifying

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legal and factual issues Preparing amendment to grant if

expecting to exceed the guidelines Confirming previous grant for s16 review Reporting to and invoicing Legal Aid with

details of grounds for defence



Defended CTO application where there has been no section 16 review

Activity Fees Tasks







Application to Review Tribunal – this application can only be requested as a Forum Category 1 matter Activity Fees Tasks







Appeal from Review Tribunal

Activity Fees Tasks





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Paternity Application(s)/Order(s) Activity Fees Tasks


$570 For




Arranging DNA Test

Preparing and filing application for paternity order including:


court

Attending Registrar’s list

Reporting to client, including results of DNA Test



$290 (50%

reduction for

efficiencies)


$290 (50%

reduction for

efficiencies)

Service $90 For

Application to the Court for directions as to service

Reporting to client






o The legally aided person requires an interpreter/translator or has barriers to communication (which don’t require an interpreter/translator).



Formal Proof Hearing $90 For


Reporting to client


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Defended Application/Hearing Activity Fees Tasks

Defended Application/Hearing – Preparation

$240 For

Receiving/perusing notice of defence and associated documents from respondent



Arranging DNA Test, if required

Preparing for, and attending Registrar’s List(s)


Reporting to client, including results of DNA Test



For






o The legally aided person requires an interpreter/translator or has barriers to communication (which don’t require an interpreter/translator).


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Personal & Property Protection Rights (PPPR) Application(s)/Order(s) Activity Fees Tasks

Welfare/Property Interim/Final Order $570 For




Preparing and filing application for interim/final order including:


court

Resolving by formal proof or consent memorandum (where no notice of defence has been filed) OR formal proof or pre-hearing conference (if defended)

Attending Registrar’s list

Reporting to client


Service $90 For

Application to the Court for directions as to service

Reporting to client



Pre-trial Conference $140 For

Preparing for and attending pre-trial conference

Reporting to client



hour of hearing

time

For

Reviewing file



Receiving and considering judgement

Reporting to client



For


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Property Relationships Application(s)/Order(s) Activity Fees Tasks


$570 For




Disclosure, discovery, asset valuations

Negotiations between parties

Drafting/filing application for/defence to relationship property orders

Drafting/filing applicant/respondent P(R)1, narrative affidavit


Attending Registrar’s/Chambers list hearings


Receiving Court review and directions

Reporting to client


Application(s)/Order(s)- Second proceedings to legal aid application

$290 (50%

reduction for

efficiencies)


$290 (50%

reduction for

efficiencies)







S21 Agreement Activity Fees Tasks

s21 Agreement $140 For

Drafting and certifying s21 agreement – if agreement is reached prior to proceedings being filed

Reporting to client

Reporting to and invoicing Ministry of

32

Justice

Settlement Conference(s) Activity Fees Tasks

Settlement Conference(s) – preparation

$210 per anticipated

hour of hearing

time

For

Preparing submissions for settlement conference(s) including memorandum of issues

Reporting to client


Settlement Conference(s) – hearing time

$53 per half hour

For

Attending settlement conference(s)

Memorandum of Consent Activity Fees Tasks

Memorandum of Consent

$140 For

Preparing memorandum of consent if agreement reached in settlement conference

Reporting to client



Discovery

$470 For

Undertaking further round of discovery – updated accounting reports, asset valuations, debt levels


Reporting to client


Interrogatories $330 For

Obtaining information requested from other party to clarify/support the matter

Reporting to client


Document preparation $760 For

Preparing pre-hearing documents – lists of issues, authorities, ‘bundle’ of documents (affidavits, statements of evidence)

Reporting to client



Additional attendances are required

33

in instances where: o Self-represented litigants are

party to proceedings o The legally aided person

suffers from mental illness/intellectual disability




Interlocutory hearing(s) – preparation

$190 For

Preparing submissions for interlocutory hearing(s)

Reporting to client


Interlocutory hearing(s) – hearing time

$53 per half hour

For



Defended Hearing – preparation

$160 per anticipated

hour of hearing

time

For

Reviewing file



Reporting to client


Defended Hearing – hearing time $53 per half hour

For






o The legally aided person requires an interpreter/translator or has barriers to communication (which don’t require an

34

interpreter/translator) Fee can only be claimed once per case.


Review of Judgment

$430 For


Sealing judgment (if appropriate)

Advising client on implementation of judgment – re-financing, re-occupation, debt management, allocation of funds

Reporting to client


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