Other mandatory requirements Discharge or vary orders Refer to the notes linked to the definition of . Grants assessment process A grant for advice and negotiation is available for the first grant in a dispute (ie on extension zero only). An application must be lodged via ATLAS using the process FDRS & ‘simplified stage template, making the following selections: 2’ In the maintenance screen select ‘Main applic spouse’. under select court ‘court hearings’, ‘no proceedings’. under stage 1 in the professional costs screen, select and ‘Advice Negotiations’. Where FDRS or litigation funding has been recommended but no claims have been made, and the lawyer then assesses that funding should instead be in place only for advice and negotiation, this should be requested via a new application. The lawyer should submit correspondence on the first file advising that an advice and negotiation grant will be requested on a fresh application, and ensure that the previous file is closed by submitting a file outcome via ATLAS. If the lawyer needs to provide additional information, this should be done by using the function. ‘submit correspondence’ Documentary requirements The file must contain a file note that makes clear: lawyer’s how the matter meets each of the thresholds tests; details of the other capacity to pay; party’s where discharge or vary is sought, how the significant change in circumstances test is met. The file should also contain all other relevant notes, supporting evidence and documents. Fees and billing Stage 1, Fee table 4.1 sets out the fees available and the conditions attaching to grants under this guideline.
Other mandatory requirements Discharge or vary orders Refer to the notes linked to the definition of . Grants assessment process A grant for advice and negotiation is available for the first grant in a dispute (ie on extension zero only). An application must be lodged via ATLAS using the ‘simplified process FDRS & stage 2’ template, making the following selections: In the maintenance screen select ‘Main applic spouse’. under ‘court hearings’, select ‘no court proceedings’. under stage 1 in the professional costs screen, select ‘Advice and Negotiations’. Where FDRS or litigation funding has been recommended but no claims have been made, and the lawyer then assesses that funding should instead be in place only for advice and negotiation, this should be requested via a new application. The lawyer should submit correspondence on the first file advising that an advice and negotiation grant will be requested on a fresh application, and ensure that the previous file is closed by submitting a file outcome via ATLAS. If the lawyer needs to provide additional information, this should be done by using the ‘submit correspondence’ function. Documentary requirements The lawyer’s file must contain a file note that makes clear: how the matter meets each of the thresholds tests; details of the other party’s capacity to pay; where discharge or vary is sought, how the significant change in circumstances test is met. The file should also contain all other relevant notes, supporting evidence and documents. Fees and billing Stage 1, Fee table 4.1 sets out the fees available and the conditions attaching to grants under this guideline.
vla-the-notes-on-commonwealth-family-law-and-child-support-guidelines.docx