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
For legal aid to be granted for an expert witness to give evidence to the court the following tests must be satisfied:
Requests for aid for an interstate expert witness will be referred to the Grants director for consideration.
Prior to granting aid for witness fees, the assessing officer must determine whether the grant of aid will exceed the cap as outlined in guideline 18.2 - limit costs. If the cap is going to be exceeded, the matter will be referred to a Grants manager for consideration.
Practitioners seeking an extension of aid for an expert witness to give evidence should electronically submit an extension for aid request via the Grants Online system indicating the number of hours they anticipate will be required and certifying that the expert witness is required, will be recognised by the court as an expert in their field, and that the expert witness will benefit the applicants case.
When an expert witness has been engaged from an area other than the court location, the practitioner is required to investigate whether the expert witness is able to provide evidence to the court via telephone/video link-up.
If the expert witness is unable to provide evidence via telephone/video link up Legal Aid Queensland will pay reasonable travel expenses. Refer to extent of funding guidelines for travel.
The grant of aid for a medical practitioner to attend court to give evidence for the first hour is MD1. The grant of aid for subsequent hours is MD1A. However these grants of aid are limited to:
The grant of aid for a medical practitioner to qualify evidence, prepare for hearing or conference with counsel is MD3.
The grant of aid for a medical specialist (including Psychiatrist) to attend at court (including giving evidence, qualifying evidence, preparing for hearing and conference with counsel) is MS1.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).