Table K – Lump sum fees for appeals to the Court of Appeal

Table K – Lump sum fees for appeals to the Court of Appeal

Table K sets out the fees payable by Victoria Legal Aid (VLA) for appeals against conviction and/or sentence by a convicted person in the Court of Appeal.

These fees are effective from 1 January this year. For fees payable prior to this see Archived versions of the Handbook.

The fees set out in this table cover all necessary work. VLA will not pay for:

  • lawyer to instruct
  • conferences with counsel.

Leave application

Service/proceeding Hours Fee payable
Preparation 2 $530
Drawing grounds of appeal and written case (conviction / conviction and sentence) 5 $1445
Drawing grounds of appeal and written case (sentence only) 3 $867
Revision of grounds of appeal 1 $289
Application for renewal 1 $289
Oral hearing (exceptional circumstances) 1 $289

Election to renew leave to appeal against conviction and/or sentence

Service/proceeding Hours Fee payable
Preparation 1 $265
Perusal of leave application and drawing revised grounds of appeal 2 $578
Brief fee (including first day of appearance) n/a $570
Subsequent day(s) n/a $289
Appearance at judgment (if on a different day) n/a $435

Appeal against sentence

Service/proceeding Hours Fee payable
Solicitor preparation 3 $795
Brief fee (includes preparation and appearances) n/a $2003
Subsequent day(s) n/a $1335
Appearance at judgment (if on a different day) n/a $435

Appeal against conviction/conviction and sentence

Service/proceeding Hours Fee payable
Solicitor preparation 5 $1325
Brief fee (includes preparation and appearances) n/a $2003
Subsequent day(s) n/a $1335
Appearance at judgment (if on a different day) n/a $435

Additional preparation/reading fees

Additional preparation fees for appeals against conviction and sentence may be approved where the preparation is essential, in accordance with the principles applying to payment of preparation fees to counsel.

Election to renew leave to appeal against conviction and/or sentence

If the substantive appeal is anticipated to be heard at the same time as the election to renew leave to appeal, an extension of assistance for the substantive appeal will need to be submitted. Practitioners must receive confirmation from the court that the substantive appeal will be heard at the same time as the election to renew leave to appeal.

Where the election to renew leave to appeal and substantive appeal is heard together, practitioners and counsel will be entitled to all fees in the substantive appeal grant and the preparation fee of $265 and perusal of leave application and drawing revised grounds of appeal fee of $578 in the election grant.

Practitioners can claim these fees using ATLAS or submitting a tax invoice.

Cost limit on appeals under Part 6.4 of the Criminal Procedure Act 2009

VLA has determined under section 32(2BA) of the Legal Aid Act 1978 to impose a limit on the total amount of payments to be made to practitioners for second and subsequent appeals under Part 6.4 of the Criminal Procedure Act 2009. The limit on funding in these matters is set at $55,000 (GST inclusive) per matter.

The cost limit determination made under section 32(2BA) of the Legal Aid Act 1978 provides limited discretion to grant additional appearance fees where an appeal hearing is more than five days.