Fees payable to counselFees payable to counsel

Fees payable to counsel

4E A Commonwealth agency that proposes to brief a counsel who does not have an approved rate for performing Commonwealth legal work, is to ask OLSC to approve an initial rate, even if the agency proposes to brief the counsel at a rate below the applicable threshold specified in paragraph 5. If OLSC is asked to approve an initial rate, OLSC is to make a decision about the request within a reasonable time and tell the agency about its decision as soon as practicable after the decision is made. 5 Senior counsel are not to be paid a daily rate above $3 500 (inclusive of GST) without the approval of the Attorney‑General. Junior counsel are not to be paid a daily rate above $2 300 (inclusive of GST) without such approval. Any out of chamber fee is to be treated as part of the daily rate for the purpose of considering the appropriateness of that rate. Where an out of chamber fee is agreed or approved, it is to be marked separately on the brief. 6 Hourly rates greater than one‑sixth of the daily rate are not to be agreed with counsel unless approved by the Attorney‑General. 7 A cancellation fee is to be agreed with counsel only in exceptional circumstances (eg to cover the possibility of a matter being resolved shortly before a lengthy trial). Any such fee is to be agreed at the time counsel is engaged for a trial. A cancellation fee greater than two days of counsel’s normal Commonwealth rate is to be approved by the Attorney‑General before it is agreed with counsel. 8 Payment of retainers (concerning counsel’s availability for future matters), both new and renewed, is not ordinarily to be agreed with counsel and, if considered to be justified, the terms of the agreement are first to be approved by the Attorney‑General.