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

ActivityFee payable
Hearing (summary crime) – the appearance fee in all matters$473
Contest hearing appearance if the matter does not proceed as a contest$640
Hearing (summary crime) – consolidation$565
Contest mention (summary crime) – the contest mention fee$324
Contested committal – the second day fee$1129
Committal mention – the committal mention fee$436

County Court

ActivityFee payable
Appeal – the brief fee$945 per day or part day
Plea – the second day fee$623 per day or part day
Trial, single day adjournment: counsel – the subsequent day fee$1337 per day
Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day)$161
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees$1337 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 trialBrief: $2910
Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day)$161 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$161 per hour (up to five hours per day)
$366 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$161 per hour (up to five hours per day)
$732 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$161 per hour (up to five hours per day)
$1830 preparation

Supreme Court

ActivityFee payable
Appeal – the brief fee$2214 per day or part day
Plea – the second day fee$978
Trial, single day adjournment: counsel – the subsequent day fee$2144 per day or part day
Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day)$291
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee$2144 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 trialBrief: $4622
Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day)$291 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$291 per hour (up to five hours per day)
$873 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$291 per hour (up to five hours per day)
$1746 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$291 per hour (up to five hours per day)
$4365 preparation

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

Updated