Fixed fee summary grants of aid

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    The professional fees payable in summary grants of aid are fixed fees which include all professional time including preparation, mentions and court time.

    Initial summary grants of aid

    Under the initial summary grant of aid (MG1) there are two professional fee options, full fee and reduced fee.

    The circumstances in which the full fee is payable are when:

    • the matter is disposed of by way of a plea
    • breach proceedings are finalised
    • charges are withdrawn by prosecution
    • initial preparation for trial has been undertaken
    • the matter is committed to a higher court as per s552D
    • the court dismisses the complaint - unsound mind or unfitness for trial (s172)

    The circumstances in which the reduced fee is payable are when:

    • solicitor withdraws / transfer of solicitor
    • client failed to appear
    • a magistrate remits a breach matter up to the Childrens Court of Queensland
    • the matter is referred to the Queensland Drug and Alcohol Court for eligibility assessment.

    Summary trial

    Under the summary trial extension of aid grant (MG2 / MG3 / MG4) there are three professional fee options, balance of preparation fee, half day court time fee and full day court time fee.

    The balance of preparation fee is payable in all circumstances provided at the time of submitting the extension of aid request:

    • the practitioner had signed instructions to proceed to trial, and
    • the client had not indicated that they intended to plead guilty, and
    • the prosecution had not indicated their intention to withdraw the charges.

    The circumstances in which the half day court time fee (up to 3 hours) is claimable are:

    • client enters plea of guilty
    • prosecution withdraws charges on the day of the trial
    • solicitor withdraws / transfer of solicitor
    • client fails to appear on the day of trial
    • trial proceeds (evidence led) and attendance is up to 3 hours
    • matter committed to a higher court as per s552D
    • the court dismisses the complaint - unsound mind or unfitness for trial (s172)

    The circumstances in which the full day court time fee is claimable includes:

    • Trial proceeds (evidence led) and attendance exceeds 3 hours.

    Fixed fee summary trial grants to cross-examine protected witness at trial in the Magistrates Court – DV related offence only

    Under the initial grant of aid to cross-examine protected witnesses at a trial in the Magistrates Court for a DV related offence, there are two professional fee options. Full fee or reduced fee.

    The circumstances in which the full fee is payable is when:

    • trial proceeds (evidence led),
    • prosecution withdraws charges, or
    • guilty plea entered at trial or after the solicitor prepared for trial.

    The circumstances in which the reduced fee is payable is when:

    • guilty plea entered at an early stage and prior to any trial preparation being completed,
    • solicitor withdraws,
    • client fails to appear, or
    • client fails to provide instructions.

    Sundries/ Disbursements

    The fixed sundry disbursement fee includes the following items:

    • photocopying
    • phone calls (including local, mobile and STD)
    • faxes
    • stamps
    • parking
    • toll charges

    There are no additional fees claimable for the time spent waiting in court.

    Separate additional grants may be requested for the following items:

    Last updated 10 April 2018

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