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

ActivityFee payable
Hearing (summary crime) – the appearance fee in all matters$463
Contest hearing appearance if the matter does not proceed as a contest$626
Hearing (summary crime) – consolidation$553
Contest mention (summary crime) – the contest mention fee$317
Contested committal – the second day fee$1105
Committal mention – the committal mention fee$427

County Court

ActivityFee payable
Appeal – the brief fee$925 per day or part day
Plea – the second day fee$610 per day or part day
Trial, single day adjournment: counsel – the subsequent day fee$1308 per day
Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day)$158
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees$1308 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 trialBrief: $2846
Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day)$158 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$158 per hour (up to five hours per day)
$358 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$158 per hour (up to five hours per day)
$716 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$158 per hour (up to five hours per day)
$1790 preparation

Supreme Court

ActivityFee payable
Appeal – the brief fee$2166 per day or part day
Plea – the second day fee$957
Trial, single day adjournment: counsel – the subsequent day fee$2097 per day or part day
Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day)$285
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee$2097 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 trialBrief: $4521
Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day)$285 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$285 per hour (up to five hours per day)
$855 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$285 per hour (up to five hours per day)
$1710 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$285 per hour (up to five hours per day)
$4275 preparation

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

Reviewed 31 December 2023