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1. Criminal law matters

1.3. Costs in indictable matters

1.3.1 Commonwealth criminal law – Expensive Cases Fund

The Commonwealth Criminal Law – Expenses Cases Fund (the Fund) has been established to assist Legal Aid NSW to manage high, one-off costs associated with providing assistance for a particular criminal law matter.

Legal Aid NSW may apply to the Fund in cases where it is satisfied that the cost of running a criminal matter exceeds the cap for criminal indictable matters.

The Commonwealth's guideline for applying to the Fund may be obtained from the Grants Division Legal Aid NSW.

1.3.2 Costs in indictable trials

Legal Aid NSW will not pay more than $50,000, with an additional $25,000 for each co-accused for any one trial assigned to a private legal practitioner.

Allocation of funding between defendants is determined by Legal Aid NSW.

Do the costs cover transcripts in trials?

The grant of aid for a trial does not extend to obtaining court transcripts during the trial.

1.3.3 Transcript costs in appeals

Legal Aid NSW will not pay for the transcript of a trial to determine the merit of an appeal to the NSW Court of Criminal Appeal.

1.3.4 Costs in cross applications in Apprehended Domestic Violence Orders proceedings

When a grant of aid is made to defend a cross-application, a condition of the grant of aid should require the legal aid applicant to seek an order for costs against the cross -applicant, where appropriate.

Date Last Published: 01/12/2010