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$484
Contest hearing appearance if the matter does not proceed as a contest$656
Hearing (summary crime) – consolidation$579
Contest mention (summary crime) – the contest mention fee$332
Contested committal – the second day fee$1157
Committal mention – the committal mention fee$447

County Court

ActivityFee payable
Appeal – the brief fee$968 per day or part day
Plea – the second day fee$638 per day or part day
Trial, single day adjournment: counsel – the subsequent day fee$1370 per day
Trial, single day adjournment: lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day)$165
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA only pay further subsequent day fees$1370 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: $2982
Immediate retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day)$165 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$165 per hour (up to five hours per day)
$374 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$165 per hour (up to five hours per day)
$748 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$165 per hour (up to five hours per day)
$1870 preparation

Supreme Court

ActivityFee payable
Appeal – the brief fee$2269 per day or part day
Plea – the second day fee$1002
Trial, single day adjournment: counsel – the subsequent day fee$2197 per day or part day
Trial, single day adjournment lawyer – one hour instructing fee only (up to a maximum of 2 adjournments per day)$298
Retrial: counsel – if the new trial begins less than 10 days after the first trial, then VLA will only pay further subsequent day fee$2197 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: $4737
Retrial: lawyer – all instructing fees (up to a maximum of 5 hours per day)$298 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$298 per hour (up to five hours per day)
$894 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$298 per hour (up to five hours per day)
$1788 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$298 per hour (up to five hours per day)
$4470 preparation

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

Updated