75Daily rates and other fees payable to counsel

75  Daily rates and other fees payable to counsel

Daily rate thresholds

 (1) An engaging entity must not, without the Attorney-General’s approval:

 (a) pay senior counsel a daily rate above $5,000 (inclusive of GST); or

 (b) pay junior counsel a daily rate above $3,300 (inclusive of GST);

as indexed in accordance with section 80.

Note: The indexed amounts would be published on the Attorney‑General’s Department’s website (https://www.ag.gov.au).

Cancellation fees

 (2) An engaging entity must not:

 (a) pay a cancellation fee to counsel other than where:

 (i) counsel has been engaged for trial; and

 (ii) there are exceptional circumstances that warrant the payment of the fee; or

 (b) agree to pay a cancellation fee contrary to paragraph (a).

Note: For example, there might be exceptional circumstances warranting the payment of a cancellation fee where a matter is resolved shortly before a lengthy trial.

 (3) Any such fee:

 (a) must be agreed at the time counsel is engaged for trial; and

 (b) must not, without the Attorney-General’s approval, exceed the equivalent of 2 days of counsel’s agreed daily rate.

Paying retainers to counsel

 (4) An engaging entity must not agree to pay a retainer to counsel concerning their availability for future matters, both new and renewed, unless:

 (a) it considers this to be justified in the particular case; and

 (b) the Attorney‑General has approved the terms of the proposed agreement.