Guideline 19 Family Law Costs Management

Family Law Costs Management				Guideline : Cwth Number: 19 Effective Date: 15/7/10 Law: Cwth Family
19.1	General
	(1)	In this guideline 19:
		a family law or child support matter includes any dispute that involves the same parties about the same or substantially the same issue, if there has not been a material change in circumstances or if any such change would not materially affect existing orders costs cap means the costs limitations on a Grant of Legal Assistance as set out in guideline 10, guideline 16 and guideline 19.2 of these guidelines, and costs of a matter means the total costs paid by the Commission in a family law or child support matter in which a Grant of Legal Assistance has been made (taking into account the costs paid by any other legal aid commission, if the matter has been transferred from one or more of the States or Territories), including counsels fees, fees for expert reports and other disbursements (except interpreter and translator fees, rural travel and accommodation costs), less any Contributions collected by the Commission from the Legally Assisted Person and any Costs Recovered by the Commission.
	(2)	The Commission will treat the following proceedings as a new matter for the purposes of the Family Law Costs Management Methodology:
		(a)	recovery, location and/or information order relating to the location and/or recovery of a child;
		(b)	appeals;
		(c)	enforcement proceedings.
	(3)	The costs management principles in this guideline 19 apply to all Grants of Legal Assistance made by the Commission for family law matters.
19.2	Limit on costs
	(1)	Under a Grant of Legal Assistance, payment of the costs of a matter under the Commission's usual fee scales for a party in a family law or child support matter regardless of whether legal assistance in the matter is provided inhouse by the Commission or by an External Service Provider, is limited to $12,500.
	(2)	The limit on costs does not apply to Grants of Legal Assistance to independent children's lawyers.
19.3	If costs likely to exceed limit
	(1)	Subject to guideline 19.3(2), (3) and (4), the Commission may increase the costs cap for a particular Grant of Legal Assistance if, in its opinion, undue hardship would otherwise be caused to an applicant, having regard to the following factors:
		(a)	whether the applicant for assistance has incurred significant additional costs due to special circumstances of a kind listed in guideline 1.2(3)
		(b)	whether it would be unreasonable to expect the applicant for assistance to adequately represent himself or herself due to special circumstances of a kind listed in guideline 1.2(3)
		(c)	whether the costs of the applicant for assistance have increased significantly through no fault of the applicant
		(d)	the number and complexity of issues in dispute
		(e)	the likelihood of risk to a child's safety or welfare.
	(2)	Before making a decision under guideline 19.3(1), the Commission will have considered whether it is possible to contain costs by:
		(a)	providing legal assistance for the matter in-house, or
		(b)	considering whether alternative means of funding are appropriate, including negotiating a fee package that is not in accordance with the Commission's usual fee scales with an External Service Provider.
	(3)	Any decision made by the Commission under guideline 19.3(1) to increase the costs cap for a particular Grant of Legal Assistance should be subject to strict limits on costs, and the nature and extent of the additional cost will be determined by the Commission or agreed between the Commission and the External Service Provider (as appropriate) having regard to the following factors:
		(a)	advice from the court and the parties about the estimated length of time required for the hearing of the matter
		(b)	the number and nature of witnesses who must be called or cross-examined, and
		(c)	whether the other parties to the matter have legal representation.

Page Last Revised :Friday, July 30, 2010