Table K(ii) sets out the fees payable by Victoria Legal Aid (VLA) in an interlocutory 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.
| Service/proceeding | Hours | Fee payable |
|---|---|---|
The lump sum fee covers the work involved by the lawyer in:
| 2 | $570 |
| Counsel preparation including submissions | 2 | $622 |
| 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 | $1443 |
| Interlocutory appeal before Court of Appeal | n/a | $2166 |
| Appearance fee – subsequent day(s) | n/a | $1443 per day or part day |
Practitioners can claim these fees using ATLAS or submitting a tax invoice.
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 s. 305 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.
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