Table K(ii) – Lump sum fees for interlocutory appeal

Table K(ii) – Lump sum fees for interlocutory appeal

Table K(ii) sets out the fees payable by Victoria Legal Aid (VLA) in an interlocutory appeal.

These fees are effective from 1 January 2015. 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.
Service/proceeding Hours Fee payable
The lump sum fee covers the work involved by the lawyer in:
  • obtaining instructions
  • preparing any necessary documentation
  • correspondence
  • perusing documents.
 2 $482
Counsel preparation including submissions 2 $528
Application for leave to appeal
(If heard on a separate day to the interlocutory appeal/review of trial judge’s decision
to refuse certification.)		 n/a $1211
Interlocutory appeal before Court of Appeal n/a $1816
Appearance fee – subsequent day(s) n/a $1211 per day or part day

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

Appeals costs fund certificate

Counsel appearing for the accused in an interlocutory appeal relating to a State prosecution must make an application to the Court of Appeal pursuant to the Appeal Costs Act 1998 if any of the following circumstances apply:

  • an interlocutory appeal by the accused is successful
  • the accused is a respondent to an interlocutory appeal by the prosecution
  • the court reserves a question of law for determination by the Court of Appeal pursuant to s305 of the Act.

Preparation

Where a trial is adjourned for a brief period pending the hearing of an interlocutory appeal, VLA will pay up to three non-hearing trial days at the subsequent day fee in Table F.

Additional preparation/reading fees

Additional preparation fees for interlocutory appeals may be approved where the preparation is essential in accordance with the principles applying to payment of preparation fees to counsel.