This is the scale of fees for counsel’s work applicable to summary proceedings in the Magistrates Court including general traffic matters and drink or drug driving offences, traffic matters in the nature of civil applications (for example an application to remove a disqualification of a driver license), applications for a special hardship orders, and regulatory or disciplinary proceedings in QCAT or similar tribunals.
The scale is subject to a “fair go” exclusion in the case of litigation which is more complex than the quantum involves suggests it would involve; that is it is designed to accommodate relatively straight forward actions in the lower Courts. Participating solicitors and counsel accept this is a “swings and roundabouts” solution to costing matters in the lower courts.
Prices do not include a GST component which is payable in addition to the scale fee.
Use of this scale requires agreement of both solicitor and counsel. Counsel agrees to review any brief delivered without fee to determine whether it is reasonable to apply the scale.
Where there is a gap in the table it may be filled by reference to other matters in the table.
| Scale of Fees for Criminal, Regulatory and Disciplinary Matters |
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| Scale Item No. |
Item Summary |
Item Description |
Cost |
| A. Summary Criminal and QCAT Disciplinary Matters |
1 |
Short and Straightforward Mention |
Appearance in Court or Tribunal on a short and formal mention including formal application for bail, an adjournment, complaining about non delivery of a brief of evidence by Police, review by the Court etc including all preparation provided that if the Court is a suburban Court less than 25 kilometres away from central courts add $50.00 and further than 50 kilometres discuss. |
$250.00 |
| 2 |
Directions Hearing or Case Conferencing |
Attendance on a Directions Hearing in QCAT or an appearance on a mention and case conference in a criminal matter |
$350.00 |
| 3 |
Conference |
If conferences not accounted for elsewhere are required, taking witness statements, per hour or part thereof for the first hour and then pro rata on a 5 minute interval after the first hour. |
$200.00 |
| 4 |
Submissions |
(If necessary) prepare a submission to police or a regulator arguing charges should be dropped or arguing about particulars or similar and attending on police and then reporting results |
$250.00 |
| 5 |
Straightforward Plea of Guilty |
Appearance in Court to enter a plea of guilty and to make submissions in mitigation and on penalty including all preparation and review of material including up to a one hour conference with instructors and client |
$1,000.00 |
| 6 |
Complex Plea of Guilty |
In the case of a difficult plea, where there is a risk of jail, or where there is significant importance attached to having a conviction being not recorded, which would require preparation of detailed submissions and specific research and perhaps obtaining a psychologist or other expert report. Depending on the difficulty of the matter a higher fee would be charged instead of the fee on a Straightforward Plea of Guilty (above). |
$1,500.00 |
| 7 |
Difficult Bail Application |
Appearance in Court on an application for bail when client is in custody or is at risk of having bail revoked (including a conference in the court cells if necessary) provided that if the Court is a suburban Court less than 25 kilometres away from central courts add $50.00 and further than 50 kilometres discuss. |
$750.00 |
| 8 |
Preparation of Affidavit Material |
Preparation of Affidavits comprising a party’s evidence where ordered, subject to a fair go approach to the volume of material necessary. |
$1,000.00 |
| 9 |
Written Outlines of Argument |
Preparation of a written outline of argument, where ordered, subject to a fair go approach to the volume of material necessary. |
$1,000.00 |
| 10 |
Hearing Day 1 |
Appearance in Court on a trial of a matter, for a one day trial or hearing, including all preparation |
$2,000.00 |
| 11 |
Hearing Days 2 and onwards |
Appearance in Court on each subsequent day of trial or hearing, each day. Item 4 is incurred if a trial runs into a second or third day, but only if the days are consecutive. If the trial is split into two separate days a considerable time apart then it will be necessary to re-prepare for the hearing, and the next appearance will be charged as for a first day of hearing. A considerable time means more than 14 days. The reason for this is the passage of time will require the barrister to re-familiarise him or herself with the matter and effectively repeat the preparation time as if the trial were starting afresh. |
$1,500.00 |
| 12 |
Complex Plea of Guilty |
In the case of a difficult plea, where there is a risk of jail, or where there is significant importance attached to having a conviction being not recorded, which would require preparation of detailed submissions and specific research and perhaps obtaining a psychologist or other expert report. Depending on the difficulty of the matter a higher fee would be charged instead of item 2 (above). |
$1,500.00 |
| B. Drink Driving, Unlicensed Driving, Speeding, Traffic Matters Generally |
| 1 |
Short and Straightforward Mention |
Appearance in Court on a short and formal mention including applying for bail, an adjournment, complaining about non delivery of a brief of evidence by Police, review by the Court etc including all preparation provided that if the Court is a suburban Court less than 25 kilometres away from central courts add $50.00 and further than 25 kilometres discuss. |
$250.00 |
| 2 |
Conference |
If conferences not accounted for elsewhere are required, taking witness statements, per hour or part thereof for the first hour and then pro rata on a 5 minute interval after the first hour. Not usually required in drink driving matters. |
$200.00 |
| 3 |
Submissions |
(If necessary) prepare a submission to police arguing charges should be dropped or arguing about particulars or similar and attending on police and then reporting results |
$250.00 |
| 4 |
Straightforward Plea of Guilty |
Appearance in Court to enter a plea of guilty and to make submissions in mitigation and on penalty including all preparation and review of material including a one hour conference with instructors and client. |
$1,000.00 |
| 5 |
Drink Driving Work Licence Application |
Appearance in Court to enter a plea of guilty and to make submissions in mitigation of penalty and making submissions in relation to granting the work licence including all preparation and review of material including a conference with instructors and client plus preparation of form of Application and Affidavit of Applicant and Affidavit of Employer |
$1,500.00 |
| 6 |
Complex Plea of Guilty |
In the case of a difficult plea, where there is a risk of jail, or where there is significant importance attached to having a conviction being not recorded, which would require preparation of detailed submissions and specific research and perhaps obtaining a psychologist or other expert report. Depending on the difficulty of the matter a higher fee would be charged instead of the fee on a Straightforward Plea of Guilty (above). |
$1,500.00 |
| 7 |
Trial |
If the matter is to proceed to trial use scale for Summary Criminal Matters (Scaled D) |
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| C. Application for Special Hardship Order |
| 1 |
Commencing Application |
Preparation of Application including a short affidavit and an "information" document to comply with regulations concerning time limits and negotiations with Court Registry as to hearing date. |
$200.00 |
| 2 |
Short Mention |
Appearance in Court on a short and formal mention applying for an adjournment, provided that if the Court is a suburban Court less than 25 kilometres away from central courts add $50.00 and further than 25 kilometres discuss. |
$250.00 |
| 3 |
Short Mention by Letter |
Appearance on a short and formal mention applying for an adjournment by letter where appropriate. |
$125.00 |
| 4 |
Conference |
If conferences not accounted for elsewhere are required, taking witness statements, per hour or part thereof for the first hour and then pro rata on a 5 minute interval after the first hour. Not usually required for an application for a special hardship order. Not usually required for an application for a special hardship order. |
$200.00 |
| 5 |
Special Hardship Order Application Hearing |
Preparation of Affidavit Material and supporting material for hearing and conferences and appearance on hearing of application for a special hardship order. |
$1,500.00 |
| D. Application to Remove Absolute or More Than Two year Disqualification of Entitlement to Hold Driver Licence |
| 1 |
Commencing Application |
Preparation of Application and negotiations with Court Registry as to hearing date. |
$200.00 |
| 2 |
Short Mention |
Appearance in Court on a short and formal mention applying for an adjournment, provided that if the Court is a suburban Court less than 25 kilometres away from central courts add $50.00 and further than 25 kilometres discuss. |
$250.00 |
| 3 |
Short Mention by Letter |
Appearance on a short and formal mention applying for an adjournment by letter (if appropriate) |
$125.00 |
| 4 |
Conference |
If conferences not accounted for elsewhere are required, taking witness statements, per hour or part thereof for the first hour and then pro rata on a 5 minute interval after the first hour. Not usually required for an application to remove a disqualification. |
$200.00 |
| 5 |
Special Hardship Order Application Hearing |
Preparation of Affidavit Material and supporting material for hearing and conferences and appearance on hearing of application to remove disqualification. |
$1,500.00 |
| E. Outlays |
| 1 |
Outlays |
Outlays are at cost |
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| F. Travel |
| 1 |
Travel Cost Outlay |
travel costs are at cost plus GST |
$cost |
| 2 |
Professional Fee |
No professional fee is charged for travel or travel time |
$0.00 |
| 3 |
Out of Chambers Fee |
an out of chambers fee is to be paid in respect of each night counsel is required to stay outside the town where counsel ordinarily practices if required to do so in order to be able to perform the briefed task. |
$250.00 |
