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 this year. 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 | $445 |
| Contest hearing appearance if the matter does not proceed as a contest | $602 |
| Hearing (summary crime) – consolidation | $533 |
| Contest mention (summary crime) – the contest mention fee | $305 |
| Contested committal – the second day fee | $1063 |
| Committal mention – the committal mention fee | $413 |
County Court
| Activity | Fee payable |
|---|---|
| Appeal – the brief fee | $890 per day or part day |
| Plea – the second day fee | $587 per day or part day |
| Trial, single day adjournment: counsel – the subsequent day fee | $1258 per day |
| Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) | $152 |
| Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees | $1258 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: $2737 |
| Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) | $152 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 | $152 per hour (up to five hours per day) $346 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 | $152 per hour (up to five hours per day) $692 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 | $152 per hour (up to five hours per day) $1730 preparation |
Supreme Court
| Activity | Fee payable |
|---|---|
| Appeal – the brief fee | $2083 per day or part day |
| Plea – the second day fee | $921 |
| Trial, single day adjournment: counsel – the subsequent day fee | $2016 per day or part day |
| Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) | $275 |
| Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee | $2016 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: $4346 |
| Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) | $275 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 | $275 per hour (up to five hours per day) $825 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 | $275 per hour (up to five hours per day) $1650 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 | $275 per hour (up to five hours per day) $4125 preparation |
You can claim these fees using ATLAS or submitting a tax invoice.
Reviewed 14 March 2022