Table K(i) sets out the fees payable by Victoria Legal Aid (VLA) if the Director of Public Prosecutions appeals a criminal matter to the Court of Appeal. It is based on the understanding that senior and junior counsel will be briefed.
These fees are effective from 1 January this year. For fees payable prior to this see Archived versions of the Handbook.
The fees set out in this table covers all necessary work. VLA will not pay for:
- lawyer to instruct
- conferences with counsel.
| Service/proceeding | Hours | Fee payable |
|---|---|---|
The lump sum fee covers the work involved by the lawyer in:
| 6.5 | $1852 |
| Appearance fee for Senior Counsel | n/a | $4965 |
| Appearance fee for Senior Counsel – subsequent day(s) | n/a | $4113 per day or part day |
| Outline of submissions by Senior Counsel | 10 | $4170 |
| Brief fee for junior counsel | n/a | $2127 |
| Appearance fee for junior counsel – subsequent day(s) | n/a | $1770 per day or part day |
| Outline of submissions by junior counsel | 10 | $3110 |
| Appearance by (junior) counsel at judgment Note: VLA will pay only one fee. | n/a | $469 |
Practitioners can claim these fees using or submitting a tax invoice.
Additional preparation/reading fees
Additional preparation fees for appeals by the Director of Public Prosecutions may be approved where the preparation is essential, in accordance with the principles applying to payment of preparation fees to counsel.
Where an application is made for additional preparation fees, VLA will take into account any non-sitting days for which counsel will be paid a fee either through the granting of an appeal costs certificate (ACF) or from VLA where an ACF is not payable.
Appeals Costs Fund Certificate
Counsel appearing for the applicant or respondent in an appeal relating to a state prosecution must make application to the Court of Appeal pursuant to the Appeal Costs Act 1998 if any of the following circumstances apply:
- an appeal by the appellant is successful
- the legally assisted person is a respondent to an appeal by the prosecution
- the court reserves a question of law for determination by the Court of Appeal.
Reviewed 31 December 2023