Table BBB – Fees for criminal matters if an Appeal Costs Certificate is granted

Table BBB – Fees for criminal matters if an Appeal Costs Certificate is granted

Table BBB sets out the fees payable by Victoria Legal Aid (VLA) in criminal matters if an Appeal Costs Certificate has been granted.

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

Magistrates’ Court

Activity Fee payable
Hearing (summary crime) – the appearance fee in all matters $437
Contest hearing appearance if the matter does not proceed as a contest $591
Hearing (summary crime) – consolidation $523
Contest mention (summary crime) – the contest mention fee $299
Contested committal – the second day fee $1043
Committal mention – the committal mention fee $405

County Court

Activity Fee payable
Appeal – the brief fee $873 per day or part day
Plea – the second day fee $576 per day or part day
Trial, single day adjournment: counsel – the subsequent day fee $1234 per day
Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) $149
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees $1234 per day
Retrial: counsel – if the new trial begins more than 10 days after the first trial, then the fees otherwise claimable for a new trial

Brief: $2684

Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) $149 per hour
Retrial: lawyer – if the new trial begins more than 5 days after the first trial, then 20% of the lawyer’s preparation for trial fee, pursuant to Table F $149 per hour (up to five hours per day)
$340 preparation
Retrial: lawyer – if the new trial begins 21 days or more after the first trial, then 40% of the lawyer’s preparation for trial fee, pursuant to Table F $149 per hour (up to five hours per day)
$680 preparation
Retrial: lawyer – if the new trial begins 3 months or more after the first trial, then the full lawyer’s preparation for trial fee pursuant to Table F $149 per hour (up to five hours per day)
$1700 preparation

Supreme Court

Activity Fee payable
Appeal – the brief fee $2043 per day or part day
Plea – the second day fee $903
Trial, single day adjournment: counsel – the subsequent day fee $1977 per day or part day
Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day) $270
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee $1977 per day
Retrial: counsel – if the new trial begins more than 10 days after the first trial, then the fees are those otherwise claimable for a new trial Brief: $4261
Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day) $270 per hour
Retrial: lawyer – if the new trial begins more than 5 days after the first trial, then 20 per cent of the lawyer’s preparation for trial fee, as per Table F $270 per hour (up to five hours per day)
$810 preparation
Retrial: lawyer – if the new trial begins 21 days or more after the first trial, then 40 per cent of the lawyer’s preparation for trial fee, as per Table F $270 per hour (up to five hours per day)
$1620 preparation
Retrial: lawyer – if the new trial begins three months or more after the first trial, then the full lawyer’s preparation for trial fee as per Table F $270 per hour (up to five hours per day)
$4050 preparation

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