Claims for payment support guide

All court attendances must be retained on file in accordance with clause 15.3. of the Quality Standards, as follows:

• date and venue of court appearances and applicable court time;
• name of the court and judicial officer/tribunal member;
• the name of the lawyer attending on behalf of the legally assisted person;
• other parties’ representatives;
• summary of any negotiations, orders or directions made;
• the date the proceedings have been adjourned to or the outcome of the matter.

Court attendance file note templates are available for use on the general resources page.

All FDR attendances must be retained on file to support compliance with clause 15.2.3. of the Quality Standards.

An FDR attendance file note template is available for use on the family law resources and tools page.

Preparation of court documents is a separate fee claimable at each stage in care and protection matters. The following documents must be retained on file in support:

• copy of prepared or filed court documents, including affidavits, applicable to the stage the matter has reached.

Note: Preparation of administrative court documents, e.g. notice of address for service, notice to clinician to attend court, notice for hearing or listing date, is covered by the lump sum or preparation fee for that stage.

EAGP matters are divided into two stages, as well as non-complex and complex matters, in accordance with the Fee scales:

Stage 1. Pre-charge certification

This stage of the EAGP covers all necessary work involved with pre-charge certification stage of proceedings. 

The following documents are to be recorded and retained on file to support a claim for this stage:

• copy of the brief (digital form is acceptable);
• file notes of all conferences with client; 
• booking confirmation for in-person gaol visits;
• file note or other record of client’s instructions;
• file note or other record of any negotiations with the prosecution;
• file notes for all court appearances including mentions, summary hearing or sentence, in accordance with clause 15.3 of the Quality Standards.

Stage 2. Post charge certification

This stage of EAGP covers all other necessary work involved with post charge certification stage of proceedings.

The following documents should be recorded and retained on file to support a claim for this stage:

• a copy of the charge certificate;
• file notes of all conferences with client;
• booking confirmation for in-person gaol visits;
• any additional brief material (digital form is acceptable);
• file note or other record of client’s instructions, including signed instructions if they intend to plead guilty; 
• file note or other record with counsel or other party to the proceedings;
• file note or other record of any negotiations with the prosecution;
• file note or other record of any request for a witness to attend court to give evidence;
• file notes for all court appearances including mentions, summary hearing or sentence and arraignment, in accordance clause 15.3 of the Quality Standards.

Attendance at a case conference

The fee for case conference is only claimable where attendance occurred in-person or via AVL. The following must be retained in support:

• a copy of the signed case conference certificate; OR 
• an email from the DPP that confirms a case conference occurred; AND
• a file note of case conference attendance, including client instructions, details of discussions and any negotiations with the prosecution.

Appearance at a hearing where the local court has ordered a witness to attend to give evidence

Where this work item is approved, you must retain the following in support:

• a court attendance file note, which notes the special attendance e.g. court ordered witness appearance; AND
• a copy of any court order or listing confirmation from the court for this special attendance.

Clear and legible file notes of all conferences, whether they are in-person, via AVL or telephone, are to be recorded and retained on file in accordance with clauses 15.2.2 and 15.2.3 of the Quality Standards.

N.B: file notes should contain the date, persons in attendance, summary of discussions, client instructions and legal advice provided.

In addition to the above, the following documents must be retained in support: 

• signed instructions from the client, where they intend to plead guilty; 
• correctional or juvenile justice centre booking confirmation for in-person attendances.

A conference file note template is available for use on the general resources page. 

Where approval is given to conduct a ‘view’, clear and legible file notes must be recorded and retained on file in accordance with clause 15.2.3 of the Quality Standards.

A conference file note template is available for use on the general resources page. 

Counsel must retain records on their file to support claims in accordance with clause 33 of the Quality Standards, including:

• file notes for all court attendances;
• file notes for all conferences, that includes any advice given to a client that is not confirmed in writing;
• timely and accurate records of work undertaken in the matter, the stage the matter has reached and any further action that is required. 

N.B: Counsel is to return the brief to the instructing solicitor on completion of the matter, or where counsel ceases to act. 

Court attendance and conference file note templates are available for use on the general resources page. 

Where a law practice retains the assistance of an agent to attend in a matter, the agent must be eligible to undertake legal aid work for the panel for which the matter relates. 

The following should be retained on file to support an agent's attendance:

• a copy of the agent’s tax invoice or receipt for payment; OR
• correspondence between yourself and the agent requesting their services and your instructions for their attendance; AND
• an email, file note or other record from the agent advising what occurred, steps to be undertaken, next court date and listing.

This will ensure compliance with clauses 2.14 and 2.15 of the Quality Standards.

Claims for general disbursement fees should be supported by the following:

• original or copy of tax invoice or receipt verifying payment made; OR
• a written breakdown (e.g. file note) of how the expenses were calculated, for what purpose and relevant matter; OR
• office ledger; 
• photocopier logs;
• telephone accounts.

N.B: this requirement is in accordance with clauses 15.2.6 of the Quality Standards and 2.9 of the Terms and conditions of use of Grants Online.

To support the expenditure of conduct money, the following must be retained on file:

• original or copy of tax invoice or receipt verifying payment made and relevant matter; OR
• copy of cheque or cheque butt with associated correspondence; OR
• copy of office ledger detailing payment and relevant matter.

N.B: as you are providing a service, conduct money claims are to be made against the 'with GST' line item.

To support commercial agent claims, the following must be retained on file:

• original or copy of tax invoice or receipt verifying payment made and relevant matter; OR
• copy of office ledger detailing payment and relevant matter.

To support interpreter claims, the following must be retained on file:

• original or copy of tax invoice or receipt verifying payment made and relevant matter.

N.B: where an interpreter is required for court, please contact the court directly.

Where travel has been approved, the following must be retained in support:

• a file note that contains the date of travel, start and finish point, total time travelled, approximate kilometres and relevant matter; OR
• a copy of the vehicle logbook; OR
• original or copy of tax invoice or receipt for flights, train, or other form of transport.

Our court attendance file note template on the general resources page has an area to record kilometres travelled.

Where accommodation and sustenance has been approved, the following must be retained in support:

• original or copy of tax invoice or receipt verifying payment made and relevant matter; OR
• copy of bank statement that details the date, business and cost.

Where a general or specialist report has been approved, the following must be retained in support: 

• original or copy of tax invoice or receipt verifying payment made and relevant matter.

Where a professional witness has been approved, the following must be retained in support:

• original or copy of tax invoice or receipt verifying payment made and relevant matter.

N.B: the above is in accordance with clauses 16.4 and 16.6 of the Quality Standards.