Victoria Legal Aid Handbook for Lawyers

Table K(i) – Lump sum fees for appeal by the Director of Public Prosecutions to the Court of Appeal

Table K(i) sets out the fees payable by Victoria Legal Aid (VLA) if the Director of Public Prosecutions appeals a criminal matter to the Court of Appeal. It is based on the understanding that senior and junior counsel will be briefed.

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 covers all necessary work. VLA will not pay for:

  • lawyer to instruct
  • conferences with counsel.
Service/proceedingHoursFee payable

The lump sum fee covers the work involved by the lawyer in:

  • obtaining instructions
  • preparing any necessary documentation
  • correspondence
  • perusing documents.
Appearance fee for Senior Counseln/a$4965
Appearance fee for Senior Counsel – subsequent day(s)n/a$4113 per day or part day
Outline of submissions by Senior Counsel10$4170
Brief fee for junior counseln/a$2127
Appearance fee for junior counsel – subsequent day(s)n/a$1770 per day or part day
Outline of submissions by junior counsel10$3110
Appearance by (junior) counsel at judgment
Note: VLA will pay only one fee.

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

Additional preparation/reading fees

Additional preparation fees for appeals by the Director of Public Prosecutions may be approved where the preparation is essential, in accordance with the principles applying to payment of preparation fees to counsel.

Where an application is made for additional preparation fees, VLA will take into account any non-sitting days for which counsel will be paid a fee either through the granting of an appeal costs certificate (ACF) or from VLA where an ACF is not payable.

Appeals Costs Fund Certificate

Counsel appearing for the applicant or respondent in an appeal relating to a state prosecution must make application to the Court of Appeal pursuant to the Appeal Costs Act 1998 if any of the following circumstances apply:

  • an appeal by the appellant is successful
  • the legally assisted person is a respondent to an appeal by the prosecution
  • the court reserves a question of law for determination by the Court of Appeal.

Reviewed 31 December 2023