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 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Table K(i) – Lump sum fees for appeal by the Director of Public Prosecutions to the Court of Appeal
Table K(i) sets out the fees payable by VLA if the Director of Public Prosecutions appeals a criminal matter to the Court of Appeal. It is based on the understanding that senior and junior counsel will be briefed.
The fees set out in this table covers all necessary work. VLA will not pay for:
- lawyer to instruct
- conferences with counsel.
These fees are claimed using the Appeals – tables G, H, K, K(i), K(ii) and L tax invoice.
These fees are effective from 18 January 2011. For the fees payable for appeals by the Director of Public Prosecutions prior to this date see Table L(i) in Fee Schedule 7.
| Service/proceeding | Hours | Fee payable |
|---|---|---|
The lump sum fee covers the work involved by the lawyer in:
|
6.5 | $1352 |
| Appearance fee for Senior Counsel | n/a | $3584 |
| Appearance fee for Senior Counsel – subsequent day(s) | n/a | $2970 per day or part day |
| Outline of submissions by Senior Counsel | 10 | $3050 |
| Brief fee for junior counsel | n/a | $1536 |
| Appearance fee for junior counsel – subsequent day(s) | n/a | $1280 per day or part day |
| Outline of submissions by junior counsel | 10 | $2280 |
| Appearance by (junior) counsel at judgment Note: VLA will pay only one fee. |
n/a | $342 |
Additional preparation/reading fees
Additional preparation fees for appeals by the Director of Public Prosecutions may be approved where the preparation is essential, in accordance with the principles applying to the payment of preparation fees to counsel.
Where an application is made for additional preparation fees, VLA will take into account any non-sitting days for which counsel will be paid a fee either through the granting of an appeal costs certificate (ACF) or from VLA where an ACF is not payable.
Appeals Costs Fund Certificate
Counsel appearing for the applicant or respondent in an appeal relating to a state prosecution must make application to the Court of Appeal pursuant to the Appeal Costs Act 1998 if any of the following circumstances apply:
- an appeal by the appellant is successful
- the legally assisted person is a respondent to an appeal by the prosecution
- the court reserves a question of law for determination by the Court of Appeal.