Western Australian Current Regulations

LEGAL AID COMMISSION (COSTS) RULES 1990 - REG 6

6 .         Application of Schedule 3 — Counsel and Queen’s Counsel fees

        (1)         An assigned practitioner may, without prior approval, instruct counsel, not being Queen’s Counsel, where the total of the assigned practitioner’s fees and those of counsel do not exceed the provisional costing of the legal aid assignment when the brief is delivered to counsel.

        (2)         Where approval is given to instruct Queen’s Counsel the fee payable shall be in accordance with item 18 of Schedule 3.

        (3)         Where approval is given for counsel to assist Queen’s Counsel, the fee payable to that counsel shall not exceed 75% of the amount payable under Schedule 3 had that counsel appeared without Queen’s Counsel.

        (4)         Fees paid to counsel or Queen’s Counsel shall not be treated as disbursements unless — 

            (a)         incurred by the Director, authorised officer or committee in relation to an action or likely action to which the Commission is a party; or

            (b)         matters concerning the interpretation of the Act or rules are involved.