Fees in summary criminal matters
The following commentary applies to the fee schedules implemented as of 1 January 2026.
The fees for summary criminal matters are set out in Table A of Fee Schedule 1(opens in a new window) of the VLA Handbook (for infringement matters, Fee Schedule 2, Table X(opens in a new window) applies).
Matters included in/flowing from the lump sum fee
Where the lawyer has recommended that assistance be granted for a summary criminal matter and VLA has granted assistance under table A, it is not necessary to separately recommend the granting of assistance for the following matters (as they are events that form part of the initial lump sum fee and may be claimed without specific approval):
- gaol conference
- second day fee
- appearance for sentencing
- appearance at contest mentions
- group conference.
Consolidations
Lawyers should only recommend assistance at the consolidated rate where:
- there are two or more sets of charges within the guidelines for assistance, or
- a grant of aid is current pursuant to Table A, and the person receives a further charge, or charges, that fall within the guidelines for assistance.
A consolidation grant is not appropriate where the person is charged with more than one set of charges which on their own would not satisfy the guidelines, but when taken as a whole justify a grant of assistance.
A specific grant of aid is required to claim fees pursuant to the consolidation guideline prior to performing the plea. An exception is where:
- the person is aided pursuant to Table A, and
- the prosecution, without prior notice, and at the return date of the plea, brings further charges which meet the consolidation guideline, and
- the consolidated plea is conducted on that same day.
In such a case, only the advocate at court may claim the consolidated appearance component of the Table A fee.
Consolidations and not guilty pleas
Where a client has two or more sets of charges satisfying the criteria for consolidation, the appropriate grant is a consolidation grant irrespective of the proposed plea.
The proposed plea is only relevant insofar as it may render a matter aidable (not guilty) where otherwise it would not be aidable (guilty).
A lawyer receiving instructions for two or more matters that would be aidable in their own right and otherwise satisfy the consolidation criteria should only apply for a consolidation grant. In the event that one or more of the matters fails to resolve at a contest mention then the unresolved matters should be separately aided as a standard grant with contest. This rule applies even if one or more matters are only aidable pursuant to the not guilty guideline.
If the matter is to be disposed of at contest mention and subsequent hearing, the following rules apply:
- All matters resolve into plea > the matter remains a consolidated grant
- (X) One or more matters resolve and (Y) Another matter does not resolve
Then:
- Convert (X) and (Y) to summary grants from the beginning to allow preparation to be paid in each matter
- Assistance for (Y) includes assistance for the contested hearing.
Consolidations – pleas after contest
Where several matters are listed on the same day, one for contested hearing and one (or more) for plea, the relevant fees are as follows:
- if the contested hearing resolves into a plea, lawyers can claim for a contest not proceeding fee and an uplift to consolidated grant appearance fee (which accounts for multiple briefs)
- if the contested hearing proceeds, lawyers can claim for a standard contest fee and uplift to consolidated grant appearance fee (which accounts for multiple briefs).
Victoria Legal Aid will not pay the standard plea fee in addition to the contest fee.
Please refer to Table A(opens in a new window) for all fees in relation to summary criminal matters.
Transcription of sound-recorded records of interview
The fee allowable under Table A(opens in a new window) is a fee for the clerical task of producing a hard copy of the record of interview. Such a hard copy will usually only be necessary where the record of interview is disputed or in issue. The fee does not relate to the time spent by a solicitor listening to the recording and taking notes. That work forms part of the solicitor’s professional costs and is already included in the lump sum fee.
Mentions
A mention hearing is where the court asks about the progress of a matter and sets a future hearing date (see section 53 Criminal Procedure Act 2009 (Vic)).
Generally, a fee is not payable for attendance at a mention hearing as VLA considers this work is included in the lump sum preparation fee for the summary crime grant.
In exceptional cases VLA will pay up to two mention hearing fees under Table A, for example where:
- An application to administratively adjourn a matter to contest mention has been refused by the court and submissions are required to progress the matter. (Copy of EFAS or CMS adjournment request and response and Form 11A required.)
- Submissions have resulted in all charges being struck out. (Copy of court orders or file note required.)
- The court has adjourned or abridged the matter to a particular list for mention and requires practitioner attendance, for example, the Intensive Case Management List. (Copy of correspondence or file note required.)
- In Specialist Children’s Court lists where an intensive case management approach is taken. (Copy of correspondence or file note required.)
- Where a client in custody has significant cognitive impairment or acute mental health conditions and submissions are required to progress the matter. (Medical material and file note required.)
Documentary proof must be kept on the practitioner’s file.
Where an additional mention hearing fee is requested, practitioners must submit an extension for assessment explaining the exceptional reasons why a further fee should be paid. Supporting documentation must be provided with the extension request.
If the matter proceeds as a guilty plea at the mention hearing, the plea appearance fee is payable.
Contest mentions
The contest mention fee is part of the initial grant of assistance, and you do not need to seek a further extension. However, before attending a contest mention the lawyer must be satisfied that the requirements contained in Fee Schedule 1 of the Guidelines are met:
‘Where an individual charge or charges to be negotiated qualify for assistance pursuant to the guidelines, VLA will pay for each necessary attendance at a contest mention in the following circumstances:
- the accused had a reasonable prospect of acquittal on those charges, or
- where the summary alleged by the prosecution does not reflect the evidence and it is likely to impact on the sentence.’
Please note that a contest mention fee is not payable solely for the purposes of an informal sentence indication.
Special mentions – Magistrates’ Court
A special mention hearing in a summary crime matter is usually listed prior to a contested hearing to resolve issues such as outstanding disclosure, funding or witness availability with the aim of exploring potential resolution of the charges or ensuring readiness for a contested hearing. A special mention may also be listed for a number of other applications – including applications for suppression orders or applications for the release of subpoenaed material.
Up to two special mention fees can be claimed within the lump sum fee for the summary crime grant. A fee is not payable in situations where a special mention is listed to monitor progress.
Documentary proof must be kept on the practitioner’s file.
Adjournments
VLA generally does not pay for adjournments and expects that all adjournment applications are made as administrative requests through EFAS or CMS.
In exceptional cases VLA may pay an adjournment fee, where a substantive hearing is delayed or does not proceed on the day.
Examples include:
- The matter is listed for a substantive hearing, the administrative adjournment request is refused, and the court requires in-person attendance.
- A costs application has been made.
Up to two adjournment fees can be claimed within the lump sum grant in the above circumstances.
Documentary proof must be kept on the practitioner’s file.
Where an additional adjournment fee is requested, practitioners must submit an extension for a special disbursement explaining the exceptional reasons why a further fee should be paid. Supporting documentation must be provided with the extension request.
Where a substantive hearing does not proceed on the day due to no fault of defence the substantive hearing fee will be paid. A substantive hearing does not include a mention or special mention hearing.
Summary Crime accounts
Lawyers must ensure that they fill out the dates of their appearances when completing the lump sum tax invoice. The date of the contest mention, the date of the substantive appearance claiming the lump sum fee, and any further appearances should all be noted on the tax invoice. If the tax invoices are not fully and/or correctly completed VLA will not be able to certify your account.
Urgent grants
Urgent grants apply where VLA receives the request for assistance the day before a substantive hearing or on the day of the substantive hearing. VLA will pay an urgent grant preparation fee as set out in Table A in both standard summary hearings and consolidation of charges where a lawyer is in receipt of an urgent grant. The appearance fees remain the same whether the matter is standard or urgent.
Lawyers must be aware of the 14-day time limit for submission of applications for urgent grants.
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