Victoria Legal Aid Handbook for Lawyers

Table K sets out the fees payable by Victoria Legal Aid (VLA) for appeals against conviction and/or sentence by a convicted person in the Court of Appeal.

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 cover all necessary work. VLA will not pay for:

  • lawyer to instruct
  • conferences with counsel.

Leave application

Service/proceeding Hours Fee payable
Preparation 2 $560
Drawing grounds of appeal and written case (conviction / conviction and sentence) 5 $1525
Drawing grounds of appeal and written case (sentence only) 3 $915
Revision of grounds of appeal 1 $305
Application for renewal 1 $305
Oral hearing (exceptional circumstances) 1 $305

Election to renew leave to appeal against conviction and/or sentence

Service/proceeding Hours Fee payable
Preparation 1 $280
Perusal of leave application and drawing revised grounds of appeal 2 $610
Brief fee (including first day of appearance) n/a $592
Subsequent day(s) n/a $305
Appearance at judgment (if on a different day) n/a $460

Appeal against sentence

Service/proceeding Hours Fee payable
Solicitor preparation 3 $840
Brief fee (includes preparation and appearances) n/a $2124
Subsequent day(s) n/a $1415
Appearance at judgment (if on a different day) n/a $460

Appeal against conviction/conviction and sentence

Service/proceeding Hours Fee payable
Solicitor preparation 5 $1400
Brief fee (includes preparation and appearances) n/a $2124
Subsequent day(s) n/a $1414
Appearance at judgment (if on a different day) n/a $460

Additional preparation/reading fees

Additional preparation fees for appeals against conviction and sentence may be approved where the preparation is essential, in accordance with the principles applying to payment of preparation fees to counsel.

Election to renew leave to appeal against conviction and/or sentence

If the substantive appeal is anticipated to be heard at the same time as the election to renew leave to appeal, an extension of assistance for the substantive appeal will need to be submitted. Practitioners must receive confirmation from the court that the substantive appeal will be heard at the same time as the election to renew leave to appeal.

Where the election to renew leave to appeal and substantive appeal is heard together, practitioners and counsel will be entitled to all fees in the substantive appeal grant and the preparation fee of $280 and perusal of leave application and drawing revised grounds of appeal fee of $610 in the election grant.

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

Reviewed 31 December 2022