Fees in war veterans’ cases prior to 5 July 2010

The fees payable in war veterans’ cases prior to 5 July 2010 vary, depending on:

• when VLA made the grant of legal assistance for the matter
• whether VLA considers the matter to be ‘complex’ or ‘non-complex’.

Table U1 sets out the fees payable in non-complex war veterans’ matters.

Table U2 sets out the fees payable in complex war veterans’ matters. VLA may decide that a war veterans’ matter is ‘complex’ at any time during the administration of the matter.

If VLA decides that a war veterans’ matter is ‘complex’ after VLA has made a ‘non-complex’ grant, then the total fees payable by VLA must not be more than those set out in Table U(ii). However, in all cases, VLA calculates professional costs at 64 per cent of the Federal Court scale.

'Complex' war veterans' matters

In determining whether a matter is complex, VLA may have regard to:

• whether several conditions are being claimed, and reports are required from three or more areas of medical expertise
• whether there is a complex link between Statements of Principle and the condition claimed
• whether unresolved issues of law are involved.

When making its determination, VLA may consult with:

• the applicant for assistance
• the national office of the Department of Veterans’ Affairs
• the Administrative Appeals Tribunal.

See also: Payments by VLA to private lawyers and other service providers.

‘Non-complex’ war veterans' matters

VLA considers a war veterans’ matter to be ‘non-complex’ if it does not meet the criteria for ‘complex’ matters (see above).

If VLA decides that a war veterans’ matter is ‘non-complex’, then any grant of legal assistance which VLA makes is limited:

• to covering costs and disbursements for particular stages of proceedings and for particular expenses only
  and
• by a cap of $2500 on the total amount available for disbursements.