Victoria Legal Aid (VLA) administers the Family Violence and Cross-Examination Scheme on behalf of the Commonwealth Government to prevent the personal cross-examination of parties in matters where family violence is alleged.
The following information is intended to help panel practitioners to understand the work that can be undertaken under the scheme and the fees payable in these matters.
Allocation of grants under the scheme
Once an order has been made by the Federal Circuit and Family Court of Australia pursuant to s 102NA of the Family Law Act 1975 (Cth), parties who are not privately represented may apply to VLA for funding under the scheme.
Applications for funding are received by our Court Ordered team in Grants and Quality Assurance (GQA). They are matched with a s 102NA order. Funding is usually allocated to a practitioner no less than 12 weeks before the final hearing. Allocation is based on the geographical location of the court or the client. However, if a client nominates a specific panel practitioner, or a panel practitioner has acted in the matter prior to the order being made, GQA will try to allocate the matter to that practitioner in the first instance.
Fees provided under the scheme
The fees paid by VLA under the scheme are detailed in the Fees payable under the Family Violence and Cross-Examination Scheme fee table. The fee table should be read in conjunction with the Fee entitlements and conditions under the Family Violence and Cross-Examination of Parties Scheme, which details the limits of and requirements for claiming, the available fees.
Funding for Family Dispute Resolution Services (FDRS)
If an order has been made for an FDRS conference and a final hearing date has been set, funding is available under the scheme, as listed in Stage 2H in the fee table. Requests for funding for other types of conferences (such as a conciliation or court-based dispute resolution conference) will be assessed by GQA on a case-by-case basis and may be refused.
Funding for disbursements under the scheme
Information on the disbursements paid under the scheme can be found in the fee table.
In exceptional circumstances, VLA may provide funding for disbursements that are not listed in the fee table. A request for a disbursement not listed in the fee table must be submitted as an extension on the file. The request must include an explanation of the disbursement being sought and why it is necessary, as well copies of any documents that support the request. These requests are assessed by GQA on a case-by-case basis and may be refused.
Additional preparation funding in exceptional circumstances
The preparation fee provided under the scheme includes all preparation necessary to respond to any reasonable changes to the scope or course of the proceedings. No additional preparation funding will be provided in response to reasonable developments in the proceeding.
However, additional preparation funding may be provided in exceptional circumstances. Exceptional circumstances might include where the final hearing has been adjourned and additional work is required to prepare for the next hearing. GQA will take into consideration the fees that have already been paid, as well as the length of the adjournment and any directions from the court regarding any further preparation required.
A request for additional preparation funding must be submitted as an extension on the ATLAS file. The request must include an explanation of the additional work to be undertaken, the number of hours required, as well as copies of any documents or court orders that support the request. These requests are assessed by GQA on a case-by-case basis and may be refused.
Practitioners cannot accept private fees for additional preparation work
Section 32 of the Legal Aid Act 1978 (Vic) prohibits solicitors and barristers from accepting private fees for services provided under a grant of legal assistance. This includes funding provided pursuant to the Scheme.
Funding is provided for all reasonable preparation under the scheme, therefore practitioners cannot accept further fees from their client for preparation, even if GQA has already refused a request for additional preparation funding.
Private fees for services not offered under the scheme
Funding provided under the scheme is limited. A practitioner may accept private fees for services that are not covered by the scheme, such as:
- Stage 2F subsequent hearing fees
- compliance and readiness hearing fees
- third party disbursements, for example:
- family reports
- property valuations
- hair follicle or drug-testing fees.
Barrister fees
When briefing a barrister to represent a client funded under the scheme, a practitioner needs to ensure that the barrister will accept the scheme appearance fees as set out in the . No private or top up fees can be sought from a client for services covered by the scheme, including hearing or appearance fees.
If the client wishes to brief a barrister whose appearance fees are higher than the scheme brief fee, the client will either need to:
- opt out of the scheme and pay for private representation, or
- continue with the scheme funding by choosing another barrister who will accept the scheme brief fee.
Funding is provided regardless of prospects of success
The merit test does not apply to these matters, and funding is provided under the scheme regardless of the client’s prospects of success.
However, if this leads to a breakdown in the relationship between the practitioner and their client, or the practitioner believes their client is not following the reasonable advice that has been provided, the funding may be terminated or transferred to a new practitioner.
For advice and assistance regarding a transfer or termination of funding, please email crossxnscheme@vla.vic.gov.au.
Ask for advice if the client cannot be contacted before the final hearing
Under the scheme, the client has an obligation to communicate with their allocated lawyer and provide any evidence or documents required for the preparation of their matter.
If all reasonable attempts have been made to contact the client, please email crossxnscheme@vla.vic.gov.au for further advice.
If VLA is unable to contact the client, the funding will likely be terminated and the court notified.
More information
For more information or for specific enquiries, please email crossxnscheme@vla.vic.gov.au.
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