Welcome to the Legal Aid NSW fee scales for State and Commonwealth matters.
Clarification of agents fee scales policy
In ordinary circumstances, a practitioner is not entitled to claim an additional grant of aid 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.
Mentions: 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.
Hearings: The use of an agent at a hearing will only be approved in exceptional circumstances. If a practitioner cannot attend a hearing it will generally be considered more appropriate for the matter to be reassigned to an available panel practitioner.
The agent’s fee policy is set out in each of the fee scales documents.
Amendment to travel entitlements for Care and Protection practitioners
Following the introduction of the Care and Protection Panel, Legal Aid NSW has updated the policy on payment of travel entitlements to reflect the fact that as part of the panel arrangements, practitioners are able to nominate to attend specialist Children’s Courts, and Local Courts sitting as Children’s Courts. See the State Family matters fee scale document for details.