Policy Bulletin 2024/5: Fee Scale for Commonwealth criminal law matters

20 May 2024

The Legal Aid NSW Board has approved a new Fee Scale for Commonwealth criminal law matters. 

Background

Previously, fees for Commonwealth criminal law matters were paid at a lower rate than fees for matters under state law. Under the new Fee Scale approved by the Board, fees in Commonwealth matters will be paid at the same rate as state matters.

  • What has changed?

    The main features of the changes are:

    • The base hourly rate for solicitors will increase from $150 to $195
    • Fees for solicitors which are not based on the hourly rate will increase by 30%
    • Fees for counsel will increase by 30%
    • Defended summary hearings in Commonwealth matters will be paid at the lump sum fee rate ($1429) applied in state matters.

    The changes are set out in the Fee Scale for criminal law matters. 

Some areas of Commonwealth criminal law work are already remunerated at the same rate as state law matters and these fees will not change. These areas of work include:

  • EAGP (committals) fees for solicitors and counsel
  • Fees for counsel on the Complex Criminal Law panel
  • Fees for high risk offender matters
  • Defended hearings in the Children’s Court.

Start date

The changes apply to work done from 20 May 2024.

Contact for further information

The Client Eligibility Unit at:  T-CEU@legalaid.nsw.gov.au.