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(ii) – Lump sum fees for interlocutory appeal
Table K(ii) sets out the fees payable by VLA in an interlocutory appeal.
The fees set out in this table cover 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 interlocutory appeals prior to this date see Table L(ii) in Fee Schedule 7.
| Service/proceeding | Hours | Fee payable |
|---|---|---|
The lump sum fee covers the work involved by the lawyer in:
|
2 | $416 |
| Counsel preparation including submissions | 2 | $456 |
| 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 | $1045 |
| Interlocutory appeal before Court of Appeal | n/a | $1566 |
| Appearance fee – subsequent day(s) | n/a | $1045 per day or part day |
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.