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 | $550 |
| Drawing grounds of appeal and written case (conviction / conviction and sentence) | 5 | $1495 |
| Drawing grounds of appeal and written case (sentence only) | 3 | $897 |
| Revision of grounds of appeal | 1 | $299 |
| Application for renewal | 1 | $299 |
| Oral hearing (exceptional circumstances) | 1 | $299 |
Election to renew leave to appeal against conviction and/or sentence
| Service/proceeding | Hours | Fee payable |
|---|---|---|
| Preparation | 1 | $275 |
| Perusal of leave application and drawing revised grounds of appeal | 2 | $598 |
| Brief fee (including first day of appearance) | n/a | $581 |
| Subsequent day(s) | n/a | $299 |
| Appearance at judgment (if on a different day) | n/a | $451 |
Appeal against sentence
| Service/proceeding | Hours | Fee payable |
|---|---|---|
| Solicitor preparation | 3 | $825 |
| Brief fee (includes preparation and appearances) | n/a | $2083 |
| Subsequent day(s) | n/a | $1388 |
| Appearance at judgment (if on a different day) | n/a | $451 |
Appeal against conviction/conviction and sentence
| Service/proceeding | Hours | Fee payable |
|---|---|---|
| Solicitor preparation | 5 | $1375 |
| Brief fee (includes preparation and appearances) | n/a | $2083 |
| Subsequent day(s) | n/a | $1388 |
| Appearance at judgment (if on a different day) | n/a | $451 |
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 $275 and perusal of leave application and drawing revised grounds of appeal fee of $598 in the election grant.
Practitioners can claim these fees using ATLAS ==REPACE TEXT HERE== or submitting a tax invoice.
Cost limit on appeals under Part 6.4 of the Criminal Procedure Act 2009
VLA has determined under section 32(2BA) of the Legal Aid Act 1978 to impose a limit on the total amount of payments to be made to practitioners for second and subsequent appeals under Part 6.4 of the Criminal Procedure Act 2009. The limit on funding in these matters is set at $55,000 (GST inclusive) per matter.
The cost limit determination made under section 32(2BA) of the Legal Aid Act 1978 provides limited discretion to grant additional appearance fees where an appeal hearing is more than five days.
Reviewed 15 February 2022