Civil (State) 1 Jan 2015 to 30 June 2020
Civil (state) fee scales 1 Jan 2015 to 30 June 2020
- Merit Advice
- Local Court or NSW Civil and Administrative Tribunal
- District Court, Supreme Court and High Court
- Mental Health Review Tribunal
- Duty Fee Scale
- Travel
Note: These fees are exclusive of GST
Legal practitioner fees where a costs order is made
Where a costs order is made, fees will be paid at 175% of the hourly rate but only where those costs are recovered.
1. Merit Advice
| Hourly rate | |
|---|---|
| Solicitor or Counsel | $150 x 4 hours = $600 (up to a maximum of 12 hours in complex matters) |
| Senior Counsel | $150 x 7.5 hours = $1125 (up to a maximum of 20 hours in complex matters) |
2. Local Court or NSW Civil and Administrative Tribunal
| Hourly rate (up to a maximum of five hours a day payable for a court or tribunal hearing) | |
|---|---|
| Solicitors | $150 |
| Paralegal/Clerk | $75 |
Note:
- Solicitor advocate or counsel's fee rates will not be paid in the Local Court or NCAT, unless Legal Aid NSW is satisfied the matter is complex
- Funding will be administered in accordance with the guidelines for administering grants of legal aid in civil law matters using the stage of matter model
Legal practitioner fees where a costs order is made
Where a costs order is made, fees will be paid at 175% of the hourly rate but only where those costs are recovered.
3. District Court, Supreme Court and High Court
| Hourly rate (up to a maximum of five hours a day payable for a court or tribunal hearing) | |
|---|---|
| Solicitor and non-advocate work | $150 |
| Advocate work (Solicitor Advocate or Junior Counsel)* | $225 |
| Senior Counsel | $375 |
| Paralegal/Clerk | $75 |
*Advocate rate will only be paid where it has been approved by Legal Aid NSW
Note: funding will be administered in accordance with the guidelines for administering grants of legal aid in civil law matters using the stage of matter model.
4. Mental Health Review Tribunal
| Hourly rate (up to a maximum of five hours a day payable for a court or tribunal hearing) | |
|---|---|
| Solicitor and non-advocate work | $150 |
| Junior counsel briefed to appear* | $225 |
| Senior Counsel | $375 |
| Paralegal/Clerk | $75 |
*Advocate work (Solicitor Advocate or junior counsel) will only be briefed to appear where Legal Aid NSW is satisfied the matter is complex
Note: for mental health enquiries fees will be paid at $150/hour and in accordance with the Duty Solicitor Scheme.
5. Duty Fee Scale
Hourly rate | |
Duty Lawyer Scheme | $150 per hour (for the number of hours approved on the duty purchase order) |
6. Travel
A travel allowance and lump sum payment is 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.
Unless there are exceptional circumstances, the travel allowance will not be approved where the matter could be assigned to:
- a practitioner located within 35kms 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.
Prior approval to claim the travel allowance must be obtained from Legal Aid NSW.
- Unless there are exceptional circumstances, the travel allowance will not be approved in circumstances where a practitioner appointed to a panel has nominated their availability for a panel court out outside the geographical area surrounding their office.
- Pursuant to the Duty Solicitor Scheme Guidelines travel is not generally paid to practitioners rostered to attend court as the Duty Solicitor except where there has been prior approval by Legal Aid NSW or the duty work is undertaken in one of the regions nominated in the Duty Solicitor Scheme Guidelines.
If travel allowance is being claimed, approval should be sought in the original application.
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.
Travel Entitlements
Travel allowances
Where approved, travel will be paid at a rate of $0.68 per kilometre, or where appropriate, a return economy airfare (whichever is cheaper).
Payment for travel time
Payment for travel will only paid where the private lawyer is travelling over 35 kilometres (one way). The hourly fee rate is paid at $75.
Distance each way Example distances only | 0.68 per km after 35 km plus time at $75/hour |
50 km | $113 |
100 km | $275 |
150 km | $437 |
200 km | $599 |
250 km | $760 |
Note: Travel allowances will be paid at actual kilometre rates submitted
Note: Lawyers travelling for duty and case work on the same day can only claim the travel allowance for either duty or the case work.
Accommodation
Where approved, accommodation expenses (including sustenance) will be paid as incurred to the maximum rates determined by the Department of Premier and Cabinet of the NSW government.