In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Nature and extent of funding
END OF Nature and extent of funding
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
Legal Aid Queensland may deem a matter as an expensive case if the following tests are satisfied:
A senior grants officer has the delegation to determine expensive case preparation packages for a solicitor or Counsel up to $20,000 (cumulative per matter).
A grants manager has the delegation to determine expensive case preparation packages for a solicitor or Counsel up to $30,000 (cumulative per matter) and to review decisions on expensive case packages up to $20,000.
The Assistant Director, Grants has the delegation to determine expensive case preparation packages for a solicitor or Counsel up to $40,000 (cumulative per matter) and to review decisions on expensive case packages up to $30,000.
The Director, Grants has the delegation to determine expensive case preparation packages for a solicitor or Counsel up to $50,000 (cumulative per matter) and to review decisions on expensive case packages up to $40,000
The CEO has the delegation to determine expensive case preparation packages for a solicitor or Counsel over $50,000.
Extension of aid requests received from preferred suppliers or in-house practitioners
Practitioners seeking a matter be deemed as an expensive case must lodge:
a copy of the index to the brief of evidence
Requests must be made within sufficient time to be considered by Legal Aid Queensland. The amount of the preparation grant available for late applications will be limited by the proximity of the actual hearing. Retrospective requests will be considered in accordance with Legal Aid Queensland’s policy in relation to retrospective grants of legal assistance.
When applying for an extension of aid for matters to be deemed as expensive or extraordinary cases the practitioner must:
If it is determined the case meets the documentation criteria and one or more of the other criteria it may be declared an expensive case and additional preparation time will be allowed.
An assessment will be made in regards to the total number of indicative hours based on the information available at each stage of matter.
The calculation of additional preparation hours is derived from the information provided in the Expensive Cases Request Form. The allocation of additional hours is for the preparation of the matter and includes all conferences and other attendances.
The assessment of the additional aid to be granted will also consider whether the allocation represents value for money is reasonable, and that funding is available within allocated budget.
Note: Preparation includes all matters attended to from the date aid effective. Any previous standard grants will be cancelled or if already paid the amount paid will be deducted from the approved expensive case preparation amount.
Material to be perused (100 pages per hour) such as:
Material to be scanned (200 pages per hour) such as:
Watching/Listening for Audio Visual material (hours of material), such as:
An assessment will be made of hours allowed for solicitor and hours of relevant material briefed to counsel.
Where a request for a transfer of aid (in-house or assigned) involves a matter with a previously approved expensive case they must be referred to a senior grant officer for consideration. An expensive case grant is not automatically approved to new practitioner and a new request must be submitted by the new practitioner.
It is rare that a QC/SC or second counsel is approved in legal aid matters save for High Court or Court of Appeal matters. It is only where complex legal issues are argued on appeal or at trial. Cogent reasons must be advanced by the junior counsel briefed as to the need for QC/SC.
The grants of aid for additional preparation for expensive cases in proceeds of crime matters are:
The grants of aid for additional preparation for expensive cases in inquests / coronial inquiries are:
Decisions not to deem a civil law matter expensive are not appealable to the external review officer (see review of decisions).
Appeals in relation to the extent of the approved expensive case preparation grant will be referred to the officer with the next level of delegation to the initial decision maker with the CEO having ultimate delegation.