Administration/Case Review |
Preliminary Work |
New Legal Aid Grant |
New Legal Aid Grant
You can claim this fee when you receive a new legal aid grant. This fee is for your work up to case management, sentencing (where the client is remanded off) or until charges are resolved. |
Schedules A-F
|
When additional charges are added to legal aid grant |
When additional charges are added to legal aid grant
This fee can be claimed each time a single charge or set of charges are added to the grant. This is a repeatable activity and can be claimed per occurrence. If a set of charges are added, the fee cannot be claimed for each individual charge. Please note that the fee cannot be claimed unless additional charges have been added to the grant by Legal Aid Services. |
Schedules A-F
|
Charge Discussions |
N/A |
Charge Discussions
This fee can be claimed for engaging in charge discussions with the prosecution, such as discussions concerning diversion or the amendment or withdrawal of charges. Evidence of the charge discussions should be recorded on the client file. |
Schedules A-C
|
Case Management Memorandum (CMM)/Case review hearings |
Preparation |
Case Management Memorandum (CMM)/Case review hearings - Preparation
This fee can be claimed when a case management memorandum (CMM) is filed and a case review hearing occurs. The fee is intended to cover the work required during the case management phase of the case.
This is a repeatable activity. This fee can be claimed again when there are substantial revisions.
Please note that a second or subsequent fee cannot be claimed when a case review hearing is administratively adjourned, or substantial revisions have not been done.
|
Schedules A-F
|
Appearances |
Hearing Time |
Appearances - Hearing Time
This fee covers appearances that don't otherwise fit into other hearing time types, such as Case Review Hearings.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting time for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
Other Matters |
Sentencing Indications |
Preparation |
Sentencing Indications - Preparation
This fee can be claimed when written sentencing indications are prepared and filed in preparation for a sentencing indication hearing. The fee cannot be claimed for oral or 'impromptu' sentencing indications. |
Schedules A-F
|
Hearing Time |
Sentencing Indications - Hearing Time
This fee covers attending the Sentencing Indications Hearing, and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting time for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
Applications and Variations (opposed) |
Preparation of submission(s) |
Applications and Variations (opposed) - Preparation of Submissions
This fee can be claimed when submissions are prepared for an opposed application. The fee relates to:
- bail
- bail breaches
- name suppression
- electronic monitoring
- media coverage
- vacating plea
This fee can be claimed for the following application types under the Criminal Procedure (Mentally Impaired Persons) Act 2003 when the application is heard pre-trial and is not encompassed within a fitness to plead hearing:
Please note that this fee cannot be claimed for administrative applications to the court, such as applications for adjournment.
|
Schedules A-F
|
Applications and Variations (unopposed) |
Preparation of submission(s) |
Applications and Variations (unopposed) - Preparation of Submissions
This fee can be claimed when submissions are prepared for an unopposed application. The fee relates to:
- bail
- bail breaches
- name suppression
- electronic monitoring
- media coverage
- vacating plea
After four times, an amendment to grant is required.
This fee can be claimed once for the following application types under the Criminal Procedure (Mentally Impaired Persons) Act 2003 when the application is heard pre-trial and is not encompassed within a fitness to plead hearing:
Please note that this fee cannot be claimed for administrative applications to the court, such as applications for adjournment.
|
Schedules A-F
|
Applications and Variations |
Hearing Time |
Applications and Variations - Hearing Time
This fee covers attending hearing(s) for applications or variations, and any agent fees.
Hearing time is rounded up to the nearest hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client failed to appear.
Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
Written sentencing reports/submissions |
Written expert witness/reports |
Written Expert Witness/Reports
This fee can be claimed for the time spent reviewing a report prepared by an expert witness for sentencing. Please note that the fee cannot be claimed for reviewing the following (non-expert) report: * Provision of Advice to Court (PAC) reports Time spent liaising with a report writer and subsequently reviewing cultural report should be claimed through an amendment to grant. Time spent reviewing a PAC report is included in the fixed fee Sentencing (when remanded off for sentencing) - preparation. |
Schedules A-F
|
Section 38 - forensic report |
Section 38 - Forensic Report
This fee can be claimed for the time spent reviewing a court ordered forensic report prepared under section 38 of the Criminal Procedure (Mentally Impaired Persons) Act 2011. This fee can be claimed twice (once per report). For any subsequent reports, an amendment to grant is required. |
Schedules A-F
|
Restorative justice report |
Restorative Justice Report
This fee can be claimed for the time spent reviewing a restorative justice report prepared for the court. Please note that if a restorative justice conference does not proceed, this fee cannot be claimed. |
Schedules A-F
|
Alcohol and drug reports |
Alcohol and Drug Reports
This fee can be claimed for the time spent reviewing an alcohol and drug report prepared for the court for sentencing purposes. Please note that the fee cannot be claimed for screenings conducted by an Alcohol and Other Drug clinician completed at time of a court hearing. |
Schedules A-F
|
Any other court-ordered reports |
Any Other Court-Ordered Reports
Matariki reports can be claimed under this fee. |
Schedules A-F
|
Written sentencing submissions |
Written Sentencing Submissions
This fee can be claimed for the time spent preparing written submissions required by the court for the purpose of sentencing. The fee can also be claimed when written submissions are prepared for sentencing applications such as: * S106 Discharge without conviction * S94 Land Transport application (This list is not exhaustive) Please note that the fee cannot be claimed when written sentencing submission have been prepared for a sentencing indication, which the client accepted. If the court requests additional written sentencing submissions, this fee is available. |
Schedules A-C
|
Fitness to Plead/Stand Trial |
Preparation |
Fitness to Plead/Stand Trial - Preparation
This fee covers preparation for a Fitness to Plead/Stand Trial hearing. Tasks covered by the fee are taking instructions, attending the client, any associated agent fees, and reporting to the client. |
Schedules A-F
|
Hearing time |
Fitness to Plead/Stand Trial - Hearing Time
Hearing time is for attending Fitness to Plead/Stand Trial Hearing and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
Referral to the Alcohol and Other Drug Treatment (AODT) Court |
Preparation |
Referral to the Alcohol and Other Drug Treatment (AODT) Court - Preparation This fee is for all preparation for a Referral to the Alcohol and Other Drug Treatment (AODT) Court. Tasks covered by the fee are taking instructions, attending the client, any associated agent fees, and reporting to the client. |
Schedules A-F
|
Hearing time |
Referral to the Alcohol and Other Drug Treatment (AODT) Court - Hearing Time
This fee is for attending court appearances for referring matters to the AODT court and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
Pre-Trial Activities |
Pre-trial admissibility |
Preparation |
Pre-Trial Admissibility - Preparation This fee covers preparation for a pre-trial admissibility hearing. |
Schedules A-C
|
Hearing Time |
Pre-Trial Admissibility - Hearing Time
This fee is for attending pre-trial admissibility hearings and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-C
|
Trial callover memorandum (TCM) |
Preparation |
Trial callover memorandum (TCM) - Preparation This fee can be claimed when an initial trial callover memorandum (TCM) is prepared and filed in anticipation of a scheduled pre-trial callover conference. |
Schedules D-F
|
Subsequent callover memoranda |
Preparation |
Subsequent Callover Memoranda - Preparation This fee can be claimed if an additional trial callover memorandum is required for a subsequent pre-trial callover conference. This fee is claimable four times (once per subsequent callover memoranda). After four times, an amendment to grant is required. |
Schedules D-F
|
Pre-trial conferences and callovers |
Hearing Time |
Pre-trial conferences and callovers - Hearing Time
Hearing time is for pre-trial conferences and callover hearings and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules D-F
|
Disclosure (Criminal Disclosure Act 2008) |
Preparation - Disclosure of defendant - Application for disclosure of information - Other applications for disclosure |
Disclosure (Criminal Disclosure Act 2008) - Preparation (Disclosure by Defendant) This fee can be claimed if a disclosure package has been prepared by the defence and provided to the prosecution. The fee is intended to cover work required for preparing the disclosure package, such as corresponding with prosecution and preparing relevant disclosure materials.
Disclosure (Criminal Disclosure Act 2008) - Preparation (Application for Disclosure of Info) This fee can be claimed if an application for disclosure of information under section 30 is submitted by the defence. The fee is intended to cover work required for preparing the application, preparing for the associated hearing and any written submissions.
Disclosure (Criminal Disclosure Act 2008) - Preparation (Other Applications for Disclosure) This fee can be claimed if any or all of the following applications are made: * Application for address of witness or informant (s17) * Application for order setting conditions for viewing exhibit (s31) * Application for timetabling order (s32) The fee is intended to cover work required for preparing the application and for the associated hearing. |
Schedules D-F
|
Preparation - Non-party disclosure |
Disclosure (Criminal Disclosure Act 2008) - Preparation (Non-Party Disclosure) This fee can be claimed if an application for non-party disclosure is submitted by the defence. The fee is intended to cover work required for preparing the application, preparing for the associated hearing and any written submissions. |
Schedules D-F
|
Hearing Time |
Disclosure (Criminal Disclosure Act 2008) - Hearing Time
This fee covers attending the Disclosures Hearing, and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules D-F
|
Pre-trial applications including responding to Crown Applications |
Preparation |
Pre-Trial Applications Including Responding to Crown Applications - Preparation
This fee can only be claimed once, and covers preparation of all pre-trial applications, including responding to any crown prosecution applications. |
Schedules D-F
|
Hearing Time |
Pre-Trial Applications Including Responding to Crown Applications - Hearing Time
This fee covers attending the pre-trial applications including responding to crown applications hearing time and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules D-F
|
Trial and Sentencing |
Disputed Facts |
Preparation |
Disputed Facts - Preparation This fee is for all preparation for a Disputed Facts Hearing. Tasks covered by the fee are taking instructions, attending the client, any associated agent fees, and reporting to the client. |
Schedules A-F
|
Hearing Time |
Disputed Facts - Hearing Time
This fee is for attending pre-trial admissibility hearing and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
Trial |
Preparation (part) - if case resolves prior to Trial but a significant amount of work has been carried out |
Trial - Preparation (part)
This fee can be claimed for the time spent preparing for trial when the matter resolves before the trial date.
It can also be claimed for appearing on the trial date, in circumstances where full preparation fee is unavailable.
This fee can be claimed when a significant amount of preparation work has been carried out.
|
Schedules A-C
|
Preparation (part) - when election for trial by jury is reversed OR client pleads guilty |
Trial (Part) - Preparation This fee can be claimed for the time spent preparing for a jury trial when the election for trial by jury is reversed or the client pleads guilty prior to hearing. Please note that a fixed fee does not apply to any matters that relate to the F schedule. Funding for this work must be applied for by an amendment to grant. |
Schedules D-E
|
Preparation (full) - if case goes to a hearing |
Trial - Preparation (full)
This fee can be claimed when a provider completes trial preparation and appears on the trial date with the expectation that the trial hearing will proceed. The fee cannot be claimed if the provider appears on the trial date and does not intend to proceed to trial. For example, the client may have provided instructions to that effect, or there many have been agreed resolution prior to the trial date. |
Schedules A-C
|
Preparation (full) - if case goes to a hearing |
Trial (Full) - Preparation This fee can be claimed for time spent preparing for a jury trial when the case goes to a full hearing. Please note that a fixed fee does not apply to any matters that relate to the F schedule. Funding for this work must be applied by an amendment to grant. |
Schedules D-E
|
Hearing Time |
Trial - Hearing Time
This fee is for attending the trial hearing and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|
|
Preparation |
Sentencing - Preparation (when remanded off for sentencing)
This fee can be claimed when the client is remanded to a separate sentencing event. The fee is not available when the client pleads guilty and is sentenced on the same day. |
Schedules A-C
|
Sentencing (when remanded off for sentencing) |
Preparation |
Sentencing - Preparation
This fee can be claimed when the client is remanded to a separate sentencing event. The fee is not available when the client pleads guilty and is sentenced on the same day. |
Schedules D-F
|
Hearing Time |
Sentencing - Hearing Time (when remanded off for sentencing)
This fee is for attending the Sentencing Hearing and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-C
|
Hearing Time |
Sentencing - Hearing Time
This fee is for attending the Sentencing Hearing and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules D-F
|
Re-preparation |
N/A |
Re-preparation This fee covers re-preparation prior to an adjourned to subsequent Trial/Sentencing hearing. |
Schedules A-C
|
Re-prioritisation |
N/A |
Re-prioritisation This fee can be claimed for time spent preparing for a subsequent adjourned trial or sentencing event. This fee can be claimed again if the event is adjourned for a month or more, or if the subsequent appearance occurs following restorative justice investigations. |
Schedules D-F
|
(Interlocutory) Appeals to the High Court |
Interlocutory appeal hearings |
Preparation |
Interlocutory Appeal Hearings - Preparation This fee can be claimed when preparing for a interlocutory appeal hearing. |
Schedules A-C
|
Interim fee - to be claimed pre disposal |
Interlocutory Appeal Hearings - Preparation This fee can be claimed for time spent preparing an interlocutory appeal hearing. The interim fee can be claimed pre-disposal. This can be claimed on its own, or with the completion fee at disposal. Alternatively, the full fee can be claimed at disposal. The interim and completion fees, or alternatively the full fee are to be claimed once per appeal. |
Schedules D-F
|
Completion fee - to be claimed at disposal |
Interlocutory Appeal Hearings - Preparation This fee can be claimed for time spent preparing an interlocutory appeal hearing. The interim fee can be claimed pre-disposal. This can be claimed on its own, or with the completion fee at disposal. Alternatively, the full fee can be claimed at disposal. The interim and completion fees, or alternatively the full fee are to be claimed once per appeal. |
Schedules D-F
|
Full fee - to be claimed at disposal |
Interlocutory Appeal Hearings - Preparation This fee can be claimed for time spent preparing an interlocutory appeal hearing. The interim fee can be claimed pre-disposal. This can be claimed on its own, or with the completion fee at disposal. Alternatively, the full fee can be claimed at disposal. The interim and completion fees, or alternatively the full fee are to be claimed once per appeal. |
Schedules D-F
|
Hearing Time |
Interlocutory Appeal Hearings - Hearing Time
This fee is for attending the Interlocutory Hearing(s) and any agent fees.
Hearing time is rounded up to the nearest half hour. Hearing time is a repeatable activity and can be claimed per occurrence of the activity. This includes hearings/appearances that are stood down or adjourned, or which need to be rescheduled because the client has failed to appear. Claims for waiting time are accepted as part of claim for appearances in hearings before a judge. Waiting time begins when the provider is required to be in the courtroom. This - * includes waiting for the jury to deliver a verdict * excludes waiting time where the judge has excused counsel.
If more than one hour's waiting time is claimed for the preparation hearing, the following information is required: * a summary of both the waiting time and hearing time on the date of the appearance - date and times * an explanation of this circumstances is also required. This must include: * confirmation that the provider was unable to undertake any other work while waiting * confirmation that the provider made enquiries to the court about the delay * reasons for delay. If the client fails to appear to the scheduled appearance, the provider can claim reasonable and actual time for waiting for the client, up to one hour. No evidence is required. Waiting time in addition to the one hour in situations where a client fails to attend a hearing can be claimed via amendment to grant. |
Schedules A-F
|