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Guidelines for all law types

1. A travel allowance may be paid if the total return distance travelled from the legal practitioner's office to court exceeds 70 kilometres, and the practitioner is travelling to a court located outside the Sydney metropolitan area.

The Sydney metropolitan area includes all courts within the area bounded by

  • Hornsby
  • Penrith
  • Campbelltown, and
  • Sutherland.
     

2. Unless there are exceptional circumstances, travel allowance will not be approved where the matter could be assigned to

  • a practitioner located within 35 kilometres of the court
  • a practitioner who is significantly closer to the court
  • a practitioner who has other matters at the court on the same day.
     

3. Travel allowance cannot be claimed more than once per day to the same court, regardless of the number of legal aid applicants being represented at that court.

4. Practitioners travelling for duty and case work on the same day can only claim the travel allowance for either duty or the case work.

5. For information about when travel is payable to a practitioner to attend court under the Duty Solicitor Scheme, please refer to online duty guidelines.

6. Travel will be paid at the mileage rate, or where appropriate, a return economy airfare (whichever is cheaper).

7. In care and protection matters, travel allowance will not be approved to attend the following Children’s Courts unless there are exceptional circumstances

  • Nowra
  • Broadmeadow
  • Port Kembla
  • Woy Woy
  • Lismore
  • Tamworth
  • Wyong

1. In ordinary circumstances, a practitioner is not entitled to additional funding to instruct an agent. Where an agent is retained because the assigned practitioner is unavailable, the agent must be a panel practitioner and must be paid out of the assigned practitioner’s lump sum fee for any court attendance up to the hearing stage.

2. An additional allowance to instruct an agent at a mention will not be approved unless the practitioner can show that the matter is complex enough to justify an instructing allowance and

  • Legal Aid NSW is satisfied that engaging an agent is an economical use of legal aid funds, or
  • exceptional circumstances exist.

3. The use of an agent at a hearing will only be approved in exceptional circumstances. If a practitioner cannot attend a hearing it may be more appropriate for the matter to be reassigned to an available panel practitioner.