Table BBB – Fees for criminal matters if an Appeal Costs Certificate is granted
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 2017. 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 | $405 |
| Contest hearing appearance if the matter does not proceed as a contest | $547 |
| Hearing (summary crime) – consolidation | $485 |
| Contest mention (summary crime) – the contest mention fee | $279 |
| Contested committal – the second day fee | $965 |
| Committal mention – the committal mention fee | $375 |
County Court
| Activity | Fee payable |
|---|---|
| Appeal – the brief fee | $808 per day or part day |
| Plea – the second day fee | $534 per day or part day |
| Trial, single day adjournment: counsel – the subsequent day fee | $1142 per day |
| Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) | $140 |
| Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees | $1142 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: $2482 |
| Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) | $140 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 | $140 per hour (up to five hours per day) $316 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 | $140 per hour (up to five hours per day) $632 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 | $140 per hour (up to five hours per day) $1580 preparation |
Supreme Court
| Activity | Fee payable |
|---|---|
| Appeal – the brief fee | $1889 per day or part day |
| Plea – the second day fee | $836 |
| Trial, single day adjournment: counsel – the subsequent day fee | $1828 per day or part day |
| Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) | $250 |
| Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee | $1828 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: $3938 |
| Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) | $250 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 | $250 per hour (up to five hours per day) $750 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 | $250 per hour (up to five hours per day) $1500 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 | $250 per hour (up to five hours per day) $3750 preparation |
You can claim these fees using ATLAS or submitting a tax invoice.