Attendances at trial / court
Criminal law payment rules
Court time for summary matters
The fixed fee grants of aid that issue for summary matters include all attendances at court.
Court time for higher court matters
Where appropriate, the grants of aid that issue in higher court criminal law matters include a “court time” component payable at a rate determined by the jurisdiction as outlined in the scale of fees. Court time is claimable for attendance at a hearing for trial or sentence.
Court time is a fixed fee for either a half day (up to three hours) of a full day of court attendance.
Court time is not claimable by the preferred supplier if:
- the client fails to appear
- attendance is to withdraw from acting
- the charges have been withdrawn or advice is received prior to the day of hearing that no evidence is to be offered
In these circumstances only a mention fee for the attendance is claimable.
Where a trial is listed for multiple days and the matter concludes early, the preferred supplier may only claim for the actual days they attended for the trial.
Counsel is entitled to claim the first day of court time if:
- the client fails to appear
- attendance is to withdraw from acting
- the charges have been withdrawn or advice is received that no evidence is to be offered, up to 2 working days prior to the day of hearing.
Where counsel is briefed for multiple days of trial and the matter concludes early, only actual days of trial can be claimed.
Mentions for summary matters
The fixed fee grants of aid that issue for summary matters include all attendances at court.
Where a practitioner is acting for a defendant in criminal proceedings in a magistrates court where a duty lawyer is available, and all that is necessary on a particular magistrates court mention day is an appearance to:
- apply for bail (uncontested only)
- obtain a remand by consent
- obtain a date for hearing
The practitioner should contact the duty lawyer rostered to appear at the relevant magistrates court on that day and arrange for the duty lawyer to appear as agent as part of the duty lawyer function.
Mention fees for higher court matters
Where appropriate, the grants of aid that issue in higher court criminal law matters include a “mention fee” component payable at a rate determined by the jurisdiction as outlined in the scale of fees. Attendance at mentions/adjournments/callovers are not claimable as court time.
Mention fees are fixed fees that are claimable by the practitioner for their attendances at mentions only when the date of every mention claimed is provided on the proforma invoice.
District and Supreme Court mentions in Brisbane
Wherever possible, practitioners must seek Legal Aid Queensland to appear as an agent at mentions at the District Court in Brisbane or the Supreme Court in Brisbane.
To assist in this regard there is a District/Supreme Court memo available under Agency work protocols in the Policies and Standards tab in Grants Online.
Once completed this memo should be faxed to Legal Aid Queensland’s crime coordination team, fax 3229 7067 or 3917 0255. The memo must be received by the crime co-ordination team no later than the close of business the day prior to the mention date.
If a practitioner has engaged Legal Aid Queensland to appear as an agent at a mention, a fee for the mention is not claimable.
Audit requirements
Detailed file notes relating to all court attendances must be held on the practitioner file for audit purposes. File notes must include:
- the date and the reason for the court appearance
- time spent before the court
- time spent conferring with client/counsel, negotiating or waiting
- the name of the judicial officer hearing the matter
- details of the submissions made
- the outcome.
Copies of any orders made must be retained on the practitioner’s file.
When submitting proforma invoices practitioners must include the dates and outcomes of all attendances claimed.
Last updated 9 April 2019