Victoria Legal Aid increased professional fees and disbursements by 2 per cent. The fee increase covers all private practitioner fees. The new fees apply to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

• All professional fees and disbursements prior to the 2 per cent increase on 1 January 2019.

Effective 1 January 2019, clarifications were made to our organisation's assessment process regarding restrained property. The key clarifications included:

• that we will include a client’s restrained assets in assessing means
• that an applicant may make an application under s. 143 if aid is refused but is not required to
• that a copy of any s. 143 application must be served on our organisation and the Office of Public Prosecutions.

• Previous assessment process for restrained property matters.

Effective 1 November 2018, changes in fee structures to ensure lawyers are effectively preparing for family law litigation and mediation conferences. The changes include the following:

• an evidence analysis, merits assessment and case strategy fee (equivalent to three hours at our standard hourly rate, currently $187) to cover the work involved for a lawyer or barrister undertaking this assessment, and
• the remainder of the fee to be a general lump sum fee to cover other preparation undertaken by a lawyer.

• Fee schedule 4.1 – Stage 3 Preparation for trial.

Effective 1 October 2018, changes were made to the means test. The key changes included:

• simplifying definitions (including narrowing the definition of a ‘financially associated person’)
• reducing documentary proof requirements
• 'Chapter 20 – Contributions and overdue payments' was removed, as it was incorporated into the '12 – means test content'
• rewriting the means test in plain language.

Changes were also made to criminal law Guideline 10 and the County Court breach proceedings guideline and applicable fees. The key changes included:

• updating Guideline 10 to reflect the change in legislation from Serious Sex Offenders (Detention and Supervision) Act 2009 to Serious Offenders Act 2018
• the majority of applications under Guideline 10 will now be subject to the simplified grants assessment process
• updating and improving the County Court breach proceedings guideline by specifying the various court orders that may form the basis of a breach charge and extending funding to breach proceedings in the Supreme Court
• providing fees for breach proceedings in the Supreme Court as well as the various types of applications that can be made pursuant to the Serious Offenders Act 2018.

Changes were also made to state family law guidelines and applicable fees. The key changes included:

• creating two new guidelines which increase the legal assistance available to children, young people, parents and carers to respond to an appeal against final order of the Family Division of the Children’s Court or County Court and to respond to judicial review of a decision of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal
• updating the fee structure for post conciliation conference mention fees
• increasing assistance in interim contested hearings for Aboriginal or Torres Strait Islander children.

• The means test guidelines prior to the changes on 1 October 2018
• Guideline 10 and the County Court breach proceedings guideline and applicable fees prior to the changes on 1 October 2018
• The State Family Guideline 2 and fee Table A2 prior to the changes on 1 October 2018.

Effective 1 June 2018, changes were made to the youth crime guidelines and fees. The key changes included:

• providing fees for hearings associated with the new Youth Control Order
• providing fees for hearings associated with the new Intensive Monitoring and Control Bail Supervision Scheme
• providing a fee in the Children’s Court for a summary jurisdiction application
• updating and improving the youth crime guidelines so that the definition of child aligns with the definition in the legislation.

Read more about the Fee and guidelines changes for Youth Crime lawyers on the Victoria Legal Aid website.

• All youth crime guidelines and applicable fee schedules prior to the changes on 1 June 2018.

Effective 2 April 2018, changes were made to the civil law guidelines. The key changes included:

• increasing the scope of mental health guidelines, and introducing a new guideline for Supervised Treatment Order matters at VCAT
• introducing a new guideline for eviction cases at VCAT
• introducing a Supreme Court appeal and judicial review guideline for certain civil law cases
• amending the infringements guideline
• amending the general Commonwealth civil law guideline.

Read more about the Increase in funding for civil law matters on the Victoria Legal Aid website. 

• All civil law guidelines and civil law fee schedules prior to the changes on 2 April 2018.

Victoria Legal Aid increased all professional fees and disbursements by 2 per cent. The fee increase covers all private practitioner fees. The new fees apply to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

• All professional fees and disbursements prior to the 2 per cent increase on 1 January 2018.

Victoria Legal Aid redrafted the family law guidelines to make them clearer, more consistent and easier to navigate. Apart from some minor expansions of eligibility criteria and a condition added to fees for the first day of trial in the Family Court, the changes are largely structural and not substantive in nature. An extensive glossary of key definitions has been included, the fee tables have been consolidated (resulting in some changes to fee numbers), and hyperlinks have been added for ease of use.

• All family law guidelines prior to the redraft implemented on 3 July 2017 (section 4 of the Handbook)
• Content relating to the Commonwealth merits test (section 13 of the Handbook)
• Content relating to Costs payable in Commonwealth family law matters ((see section 24 of the Handbook)

• All professional fees and disbursements prior to the 2 per cent increase on 1 January 2017.

• Fee Schedule 1M – Stage 2(b) Application for recovery or information order in any court.

• Fee Schedule 1M – assistance to child support matters.
• Initiating and responding to an application in a State Magistrates’ Court.

• assessable income (maximum net income and income cut-offs)
• housing costs, with separate thresholds introduced for metro, outer metro and regional areas
• childcare costs
• home equity
• motor vehicle equity
• allowable assets.

On 1 March 2016, substantial changes made to the Children, Youth and Families Act 2005 by the Children, Youth and Families (Permanent Care and Other Matters) Act 2014 came into effect. State Family Guidelines have been amended to take these changes into account. New State Family Guidelines 1–5 will replace the current Guidelines 1 and 2. The new Guidelines cover children, parents and third parties, IAO appeals to the Supreme Court, internal reviews of case plans and external reviews of case plans to VCAT.

• Chapter 12 – Means test: All means test thresholds prior to the changes on 1 March 2016.
• State Family Guidelines 1 and 2 are replaced with State Family Guidelines 1–5.

On 1 February 2016, the Major Criminal Cases Framework was implemented. The changes include:

• introduction of two new webpages, Notes on committal proceedings involving homicide, consent or identification (Notes 3.1) and Notes on committal proceedings in other cases (Notes 3.2)
• amendments to Guideline 3.1 - committal proceedings involving homicide, consent or identification (Guideline 3.1) and Guideline 3.2 - committal proceedings in other case (Guideline 3.2) to separate the guidelines from Notes 3.1 and Notes 3.2
• amendments to Notes on trials in the County or Supreme Courts
• amendments to the criminal law quality tools and checklists, including brief analysis and case strategy, committal report and trial preparation plan, brief and handover to counsel, post-committal negotiation checklist
• introduction of a contested committals exceeding four days worksheet
• removal of the contested committals exceeding two days worksheet, criminal trials and pleas worksheet, State and Commonwealth committals worksheet and State and Commonwealth criminal trials worksheet.

• Guidelines 3.1, 3.2 and criminal law quality tools, worksheets and checklists up to 1 February 2016

Victoria Legal Aid increased all professional fees and disbursements by 2 per cent. The fee increase covers all private practitioner fees. The new fees apply to all existing grants of legal assistance where the matter has not been finalised, and new grants made on or after that date. All appearances and additional preparation completed prior to the changes attract the old fees.

All professional fees and disbursements prior to the 2 per cent increase on 1 January 2016.

On 30 October 2015, the first changes arising out of the Family Law Legal Aid Services Review were implemented. This resulted in changes to guidelines Early Intervention (Guideline 1), Litigation (Guideline 2) and Independent Children’s Lawyers (Guideline 5) and fee tables.

• Stage 1 – negotiations/Roundtable Dispute Management
• Stage 2 – litigation
• Stage 3 – preparation for trial
• Independent children’s lawyer proceedings – Family Court
• Independent children’s lawyer proceedings – Federal Circuit Court

On 31 July 2015, the Criminal Trial Preferred Barrister List was published. The changes are:

• amendments to Guideline 4 – trials in the County and Supreme courts (Guideline 4), to include a requirement that practitioners must only brief a Preferred Barrister for a criminal trial, unless an exception is granted in advance;
• introduction of a new webpage with Notes on trials in the County and Supreme courts (Notes) with clarification around transitional arrangements between 31 July and 30 September, exceptions to briefing a Preferred Barrister and solicitor advocates; and
• amendments to Guideline 4 to separate the guidelines from the Notes.

• Gudieline 4

On 16 March 2015, new guidelines and processes were introduced to Court of Appeal matters. The changes introduced:

• a guideline for funding for matters where leave to appeal had been refused by one judge but Victoria Legal Aid considers there is merit in electing to renew the appeal before a bench of two or more
• specific merits advice requirements where the sole ground relied upon is manifest excess
• change to the grants assessment process where the appeal proceeds by way of the hearing of leave and appeal together before a bench of two or more (as opposed to where leave is determined by one judge on the papers).

• Guideline 7.4, 7.5 and 7.6 and Fee Table K.

• Guideline 6 – family violence protection order cases, Guideline 6a, Helping a client apply for a grant of legal assistance, Allocation of work guideline

On 12 January 2015 changes were made to solicitor preparation fees and instructing/co-counsel fees for indictable crime trials in the county and supreme courts.

• Criminal law indictable trial guideline 4, Fee Tables E, F and BBB, and Fee Schedule 1A to up 11 January 2015.

• All lawyer's fees and tax invoices prior to the 2 per cent increase on 1 January 2015

On 1 November 2014, the allocation of work guideline was updated as a result of the summary crime, family law and child protection section 29A panels becoming exclusive.

The new guideline removes the exception for allocation of work in relation to indictable crime matters and introduces an exception for family law matters.

All references to outdated allocation arrangements were removed from relevant parts of the Handbook

• Guideline 23: Allocation of work to lawyers and law firms up to 30 October 2014

• Guideline 18 – Family law trials and final hearings up to 31 August 2014

• all lawyer's fees prior to the 1.4 percent fee increase on 1 January 2014

• family law trial funding guidelines up to 31 October 2013

• family and criminal guidelines up to 6 April 2013

• all family, criminal and civil guidelines up to 6 January 2013

• all lawyer's fees and tax invoices prior to the two percent increase on 1 August 2012

• the family law guidelines up to 31 October
• Fee Schedule 1L – Family law stage of matter limits

On 1 October 2011 there was a 10 per cent fee increase for all private practitioner fees and disbursements.

• all lawyer's fees and tax invoices prior to the 10 per cent increase on 1 October 2011