Policy Bulletin 2023 / 11 Increase in preparation fee for Independent Children’s Lawyers

10 July 2023

The Legal Aid NSW Board approved an increase in the preparation fee for final hearing paid to Independent Children’s Lawyers (ICL).

Background

Independent children’s lawyers (ICLs) are appointed under s 68L of the Family Law Act 1975 (Cth) to represent the best interests of children who are the subject of disputes in the Federal Circuit and Family Court of Australia (FCFCOA).

The work required of all practitioners in family law matters has increased since the establishment of the FCFCOA in 2021. In 2022, using some additional Commonwealth funding, we were able to fund a modest increase in the fees for panel lawyers representing parties in the FCFCOA, in recognition of the additional work required to commence proceedings in the new court. This increase did not apply to ICLs as they do not initiate proceedings.

As a result of changed processes following the court merger and the COVID-19 pandemic, ICLs are now asked to prepare voluminous electronic tender bundles for the final hearing. This is a labour-intensive task that was not required prior to 2020.

In acknowledgment of the extra work been done by ICLs, the Board has approved an increase in the preparation fee for final hearing.

  • What has changed?

    There is an increase in the preparation fee for ICLs for final hearing from $1350 to $1650, which represents an additional two hours’ work at the hourly rate of $150.

    The fee scale for Federal Circuit and Family Court – Acting as an ICL the Legal Aid NSW Fee Scales.

Commencement date

The fee increase applies to work done from 10 July 2023

Contact for further information

Please contact the Client Eligibility Unit on email Client Eligibility Unit for any questions about the fee change.