Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
Table M – Guide to fees for counsel in criminal trials
Table M sets out the fees in criminal trials for the Trial Counsel Development Program and where Senior Counsel is briefed as trial counsel.
These fees are effective from 1 January 2014. For fees payable prior to this see Archived versions of the Handbook.
Senior Counsel
| Service/proceeding | County Court hours | Fee payable | Supreme Court hours | Fee payable |
|---|---|---|---|---|
| Post-committal negotiations | 3 | $1038 | 3 | $1038 |
| First directions hearing | 2 | $692 | 2 | $692 |
| Directions hearing/mention/callover | 1.25 | $432 | 1.25 | $432 |
| Defence response – first directions hearing | 2 | $692 | 2 | $692 |
| Application for discontinuance of proceedings | 2.5 | $865 | 2.5 | $865 |
| Plea fees | ||||
| Brief fee – first day (includes conferences) | n/a | $3154 | n/a | $3154 |
| Subsequent day | n/a | $1757 | n/a | $1757 |
| Sentence (if on a different day) | n/a | $521 | n/a | $521 |
| Special hearing | ||||
| Brief fee – first day (includes conferences) | n/a | $3866 | n/a | $3866 |
| Subsequent day | n/a | $2637 | n/a | $2637 |
| Sentence indication | ||||
| Brief fee (includes conferences) | n/a | $2460 | n/a | $3171 |
| Trial | ||||
| Defence response – final directions hearing | 2 | $692 | 2 | $692 |
| Brief fee – first day (includes conferences) | n/a | $4906 | n/a | $5600 |
| Brief fee – first day where 20% uplift applicable (includes conferences) | n/a | $5889 | n/a | $6721 |
| Subsequent day | n/a | $2637 | n/a | $2637 |
| Plea hearing | n/a | $2114 | n/a | $2114 |
| Sentence (if on different day) | n/a | $521 | n/a | $521 |
| Conference with junior counsel (Trial Counsel Development Program only) | 3 | $1038 | 3 | $1038 |
Senior Junior Counsel
| Service/proceeding | County Court hours | Fee payable | Supreme Court hours | Fee payable |
|---|---|---|---|---|
| Post-committal negotiations | 3 | $570 | 3 | $777 |
| First directions hearing | 2 | $380 | 2 | $518 |
| Directions hearing/mention/callover | 1.25 | $237 | 1.25 | $323 |
| Defence response – first directions hearing | 2 | $380 | 2 | $518 |
| Application for discontinuance of proceedings | 2.5 | $475 | 2.5 | $647 |
| Plea fees | ||||
| Brief fee – first day (includes conferences) | n/a | $1440 | n/a | $1964 |
| Subsequent day | n/a | $504 | n/a | $789 |
| Sentence (if on a different day) | n/a | $284 | n/a | $389 |
| Special hearing | ||||
| Brief fee – first day (includes conferences) | n/a | $1961 | n/a | $2674 |
| Subsequent day | n/a | $1077 | n/a | $1724 |
| Sentence indication | ||||
| Brief fee (includes conferences) | $1060 | n/a | $1444 | |
| Trial | ||||
| Defence response – final directions hearing | 2 | $380 | 2 | $518 |
| Brief fee – first day (includes conferences) | n/a | $2341 | n/a | $3712 |
| Brief fee – first day where 20% uplift applicable (includes conferences) | n/a | $2809 | n/a | $4454 |
| Subsequent day | n/a | $1077 | n/a | $1724 |
| Plea hearing | n/a | $870 | n/a | $1185 |
| Sentence (if on different day) | n/a | $284 | n/a | $389 |
| Conference with junior counsel (Trial Counsel Development Program only) | 3 | $570 | 3 | $777 |
Junior Counsel
| Service/proceeding | County Court hours | Fee payable | Supreme Court hours | Fee payable |
|---|---|---|---|---|
| Post-committal negotiations | 3 | $354 | 3 | $402 |
| First directions hearing | 2 | $236 | 2 | $268 |
| Directions hearing/mention/callover | 1.25 | $147 | 1.25 | $167 |
| Defence response – first directions hearing | 2 | $236 | 2 | $268 |
| Application for discontinuance of proceedings | 2.5 | $295 | 2.5 | $335 |
| Plea fees | ||||
| Brief fee – first day (includes conferences) | n/a | $854 | n/a | $1096 |
| Subsequent day | n/a | $397 | n/a | $580 |
| Sentence (if on a different day) | n/a | $284 | n/a | $389 |
| Special hearing | ||||
| Brief fee – first day (includes conferences) | n/a | $982 | n/a | $1309 |
| Subsequent day | n/a | $595 | n/a | $858 |
| Sentence indication | ||||
| Brief fee (includes conferences) | n/a | $615 | n/a | $1175 |
| Trial | ||||
| Defence response – final directions hearing | 2 | $236 | 2 | $268 |
| Brief fee – first day (includes conferences) | n/a | $1102 | n/a | $1980 |
| Brief fee – first day where 20% uplift applicable (includes conferences) | n/a | $1323 | n/a | $2376 |
| Subsequent day | n/a | $595 | n/a | $858 |
| Plea hearing | n/a | $496 | n/a | $693 |
| Sentence (if on different day) | n/a | $284 | n/a | $389 |
| Conference with senior/lead counsel (Trial Counsel Development Program only) | 3 | $354 | 3 | $402 |
Practitioners can claim these fees using ATLAS+ or submitting a tax invoice.