Seeking and recovering costs in legal aid matters

Practitioners are reminded that it is a condition of a grant of legal assistance that costs are recovered wherever possible.

Unforseen circumstances (for example, court adjournments) entitle lawyers to recover or seek costs. Given the number of proceedings where grants of legal assistance exist, this can amount to substantial funds we can reallocate to additional client matters.

How to recover costs

To help you recover costs we have put together snapshots that cover how to seek and recover costs, including application and submission processes and links to Appeal Costs Board forms, legislation and cases:

• Seeking costs in family law proceedings (doc, 203.5 KB)
• Appeal costs certificates – criminal proceedings (doc, 217.5 KB)
• Appeal costs – civil proceedings (doc, 219 KB).

Beware – there’s a time limit in appeal costs matters

A 12-month time limit applies so please submit your applications when billing and closing files to ensure a swift process.

Please note that Appeal Costs Fund Certificates can sometimes be submitted even before a matter has concluded (except in a re-trial).

Contact

If you have any queries or need more information on making cost applications please contact:

• Legal Recoveries Officer Chris Carlson on (03) 9606 5260
• Senior Costs Advisor Bill Trumble on (03) 9606 5234.

More information

Department of Justice – Legal practitioners application to the Appeal Costs Board