Table of contents

Table L(ii) – Interlocutory appeal prior to 18 January 2011

Table L(ii) sets out the fees payable by VLA in an interlocutory appeal.

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:

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

These fees are claimed using the Crown appeal against sentence – Table L(i) tax invoice.

Service/proceeding Fee payable
The lump sum fee covers the work involved by the lawyer in:
  • obtaining instructions
  • preparing any necessary documentation
  • correspondence
  • perusing documents.
The lump sum fee does not cover:
  • work by the lawyer in instructing counsel
  • conferences with counsel.
$374
Counsel preparation including submissions $410
Application for leave to appeal
If heard on a separate day to the interlocutory appeal)/review of trial judge’s decision to refuse certification
$940
Interlocutory appeal before Court of Appeal $1408 per day or part day
Appearance by counsel on second and later days $940 per day or part day

Additional fees

VLA will also pay additional fees:

VLA will not pay:

  • for lawyer to instruct
  • for conferences with counsel.