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 | $420 |
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 13 April 2023