Victoria Legal Aid Handbook for Lawyers

Table BBB – Fees for criminal matters if an Appeal Costs Certificate is granted

Table BBB sets out the fees payable by Victoria Legal Aid (VLA) in criminal matters if an Appeal Costs Certificate has been granted.

These fees are effective from 1 January this year. For fees payable in matters prior to this see Archived versions of the Handbook.

Magistrates’ Court

Activity Fee payable
Hearing (summary crime) – the appearance fee in all matters $454
Contest hearing appearance if the matter does not proceed as a contest $614
Hearing (summary crime) – consolidation $543
Contest mention (summary crime) – the contest mention fee $311
Contested committal – the second day fee $1084
Committal mention – the committal mention fee $421

County Court

Activity Fee payable
Appeal – the brief fee $907 per day or part day
Plea – the second day fee $598 per day or part day
Trial, single day adjournment: counsel – the subsequent day fee $1283 per day
Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) $155
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees $1283 per day
Retrial: counsel – if the new trial begins more than 10 days after the first trial, then the fees otherwise claimable for a new trial

Brief: $2791

Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) $155 per hour
Retrial: lawyer – if the new trial begins more than 5 days after the first trial, then 20% of the lawyer’s preparation for trial fee, pursuant to Table F $155 per hour (up to five hours per day)
$352 preparation
Retrial: lawyer – if the new trial begins 21 days or more after the first trial, then 40% of the lawyer’s preparation for trial fee, pursuant to Table F $155 per hour (up to five hours per day)
$704 preparation
Retrial: lawyer – if the new trial begins 3 months or more after the first trial, then the full lawyer’s preparation for trial fee pursuant to Table F $155 per hour (up to five hours per day)
$1760 preparation

Supreme Court

Activity Fee payable
Appeal – the brief fee $2124 per day or part day
Plea – the second day fee $939
Trial, single day adjournment: counsel – the subsequent day fee $2056 per day or part day
Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) $280
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee $2056 per day
Retrial: counsel – if the new trial begins more than 10 days after the first trial, then the fees are those otherwise claimable for a new trial Brief: $4433
Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) $280 per hour
Retrial: lawyer – if the new trial begins more than 5 days after the first trial, then 20 per cent of the lawyer’s preparation for trial fee, as per Table F $280 per hour (up to five hours per day)
$840 preparation
Retrial: lawyer – if the new trial begins 21 days or more after the first trial, then 40 per cent of the lawyer’s preparation for trial fee, as per Table F $280 per hour (up to five hours per day)
$1680 preparation
Retrial: lawyer – if the new trial begins three months or more after the first trial, then the full lawyer’s preparation for trial fee as per Table F $280 per hour (up to five hours per day)
$4200 preparation

You can claim these fees using ATLAS or submitting a tax invoice.

Reviewed 31 December 2022