Civil Law Cost Scale

(operative from 9th December 2008)

All new, ie initial grants of aid and extensions of existing assignments approved on and after the 9th  December 2008 will be made in accordance with the following Scale.

See also the Explanatory Notes.

SOLICITOR FEES

i) Lump sums

• Initial preparation  $1,036
• Subsequent extension $888
• Complex extension $1,628
• Veterans Appeal $1,480
• Veterans- Subsequent extension $2,516

ii) Hourly rate $123 per hour

COUNSEL FEES

• AAT on brief $984
• Federal Court on brief $1,690
• AAT subsequent days $738
• Federal Court subsequent days $1,014

COUNSEL HOURLY RATE

• AAT equates to State Magistrates Court $123
• Federal Court equates to State District/Supreme Court $169
• Queens Counsel $235

EXPLANATORY NOTES

1 Matters finalised before the lump sum allowance of fees is exhausted.

If a matter concludes before the number of hours allowed for initial preparation, subsequent extension or complex extension have been exhausted, the Commission would expect the practitioner to forward an account for less than the maximum fees allowed.

2 Accounting procedures

The following practices apply in certifying solicitors' accounts for payment:

a) Photocopying, if required and approved, will normally be paid at the rate of 10 cents per page. Where a small amount of photocopying is involved, it may be paid, upon prior approval, at a maximum rate of 50 cents per page. Where more than 100 pages is involved, commercial photocopying rates of 10 cents per page will be applied.

b) No disbursement allowance will be made

• For postage or for local telephone calls, or
• For general office expenses or "petties" or
• For correspondence with or attendances on the Legal Services Commission or 
• For the cost of transcript (except in special circumstances where prior authority has been obtained) or
• For travelling time, mileage, or waiting time.

c) Payment will only be made against original accounts (tax invoices) including accounts for disbursements attached to a solicitor's account.

d) Accounts for disbursements should be forwarded by the solicitor and not sent directly to the Commission by counsel. Payment will be made to the solicitor. This includes the payment of counsel fees, and in particular, Commonwealth and State Government transcript fees.

3 Payment for authorised work only

Practitioners are asked to read the terms of assignment letters and commitment certificates/tax invoices carefully. Further authorisation must be sought before the authorised costs can be exceeded, or if work outside the terms of assignment is required.

Practitioners will not be paid for work undertaken without authorisation.

4 Applications for extensions to be in writing

Extension of existing assignments should be sought in writing except in emergencies, as the large volume of files in the Commission makes the handling of telephone requests extremely difficult. However, in urgent cases, telephone extensions will be given.

5 Queens Counsel

The criteria used by the Commission in deciding whether a grant of legal aid is to be extended to brief Queen's Counsel is whether in the opinion of the Director the matter is:

• of sufficient complexity or
• of such an unusual nature or
• of sufficient importance, whether on questions of law, or due to intricacy of facts, or involves potential changes to the law,

so as to warrant the briefing of Queens Counsel. The Commission will consider whether the skill and services of Queens Counsel are reasonably necessary for the adequate presentation of the particular case.

6 Reading Time

Ordinarily reading time is included in the lump sum fees, and additional fees will only be allowed by the Commission, where the case is pre-certified as complex or special, and an allowance made, prior to the incurring of such fees.

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