For legal aid to be granted for conduct money the following tests must be satisfied:
- the applicant has been provided aid for the substantive matter, and
- the person(s) called to give evidence or produce documents/materials will benefit the applicants case, and
- the applicants solicitor is the appropriate person to issue the subpoena, and
- the request meets the merits test.
Extension of aid requests for the subpoena of a Legal Aid Queensland file are referred to the assistant director grants for consideration.
Extension of aid requests received from preferred suppliers or in-house practitioners
Practitioners seeking an extension of aid for a subpoena, should electronically submit an extension for aid request via the Grants Online system and advise how the matter meets the merits test.
Grant(s) of aid
The grant of aid for conduct money is SUBP.
Reasonable travelling and/or accommodation fees may be payable to a subpoenaed witness when certified as necessary by the solicitor or counsel.
For further information about the travel/accommodation fees available see:
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).