ApprovalApproval

Approval

9 Unless agreed otherwise by the Attorney‑General, requests for approval to pay counsel amounts higher than the rates referred to in paragraphs 5 and 6, and approvals required by paragraphs 7 and 8 for cancellation fees and retainers, are to be made to OLSC. Proposals to pay senior counsel in excess of $5,000 per day (inclusive of GST) will be referred by OLSC to the Attorney‑General for decision. 10 Approval is to be sought as far as possible in advance of the scheduled date for the delivery of a brief to counsel. In considering a request to pay counsel above the specified rate, the following factors will be taken into account: (a) the special expertise or skill of the counsel who is proposed to be briefed (b) the availability of counsel generally to appear in the matter (c) the probable total cost of counsel’s fees in the matter (d) the specific request of a Commonwealth agency that a particular person be briefed and the reasons for that preference (e) the importance of the matter, including any special sensitivity, and (f) the normal market daily fee at which the relevant counsel is briefed. 11 If approval for a daily fee in excess of $3 500 or $2 300 (as applicable) has been given, subsequent approval for using the same barrister at the approved rate is not required unless, at the time the approval is given, the fee is designated as a ‘one‑off’ rate.