Expert evidence fee guidelines

Guidelines for fees paid to experts in civil law matters

1. Non-attendance and cancellation fees

The non-attendance fee will be paid if:

  • the client does not attend a confirmed interview/examination, or
  • the interview/examination is cancelled with less than 24 hours’ notice.

Non-attendance fee will not be paid if:

  • the expert is the client’s treating expert, or
  • the expert has also claimed a gaol visit fee.

Legal Aid NSW will not pay a fee for expert assessments or reports that are cancelled with sufficient notice. 

2. Approval for requests for funding above the fee scale

Legal Aid NSW may approve requests for funding above the fee scale in exceptional circumstances.  Exceptional circumstances must be considered in the context of other legally aided clients in similar matters.

NOTE: The decision to approve funding for expert reports above the fee scale can be exercised by Legal Aid NSW officers authorised under Clause 37 of the Delegation Instrument.

3. Travel expenses

Fees for travel will only be paid where a Sydney-based expert is travelling to a client assessment located outside the Sydney metropolitan area. Travel will be paid on the same basis as for a legal practitioner. See travel rates and travel guidelines.

Date last published: 21 October 2024