Barristers make an important and specialist contribution to the provision of legal aid. This year we implemented changes to assist with equitable briefing practices and other quality initiatives in our work with barristers.
In previous years barristers were briefed and paid directly by solicitor firms, with funds provided for this purpose under a grant of legal assistance. This meant payment records were not collected or held by Victoria Legal Aid.
In September 2013 Victoria Legal Aid commenced direct payment to barristers, once private practitioners authorised and submitted online claims that work had been performed. In November 2013 this practice became mandatory and, following the support of the Law Institute of Victoria, has been adopted by practitioners.
Our partnerships – barristers
Includes all costs paid including circuit fees, travelling cost and other expenses
| Private practittioner assigned | Victoria Legal Aid assigned | Total | |
|---|---|---|---|
| Total all barrister payments | $10.6 million | $3.5 million | $14.1 million |
Direct payments to barristers by area of law
In 2014–2015, Victoria Legal Aid paid $14.1 million to barristers across the state. This included more than $9 million for criminal law matters, $4.4 million for family law matters and $336,076 for civil law matters.
| Area of law | Payments to barristers | % of total |
|---|---|---|
| Criminal | $9.4 million | 66.7% |
| Family | $4.4 million | 30.9% |
| Civil | $0.3 million | 2.4% |
Direct payments to barristers – criminal matters
| Type of work | Payments to barristers | % of total |
|---|---|---|
| Appellate Crime | $0.5 million | 5.2% |
| Indictable Crime | $5.1 million | 53.9% |
| Sex Offences | $1.7 million | 17.6% |
| Summary Crime | $1.6 million | 16.8% |
| Youth Crime | $0.6 million | 6.5% |
Of the $9.4 million paid to barristers for criminal matters, almost $5 million was for ‘significant work’, including County and Supreme Court trials, County and Supreme Court pleas, contested committals and serious sex offender supervision contests. This figure represents payments for preparation and time in court and does not include peripheral costs associated with the case that the barrister may have incurred, including any preliminary hearings.
Direct payments to barristers for family-related matters
| Type of work | Payments to barristers | % of total |
|---|---|---|
| Family Dispute Resolution Service | $0.4 million | 9.4% |
| Child Protection | $1.5 million | 35.0% |
| Family Violence | $0.4 million | 8.9% |
| Family Law Financial Support | $0.02 million | 0.4% |
| Independent Children's Lawyers | $1.4 million | 31.7% |
| Parenting Disputes | $0.6 million | 14.6% |
Direct payments to barristers for civil-related matters
| Type of work | Payments to barristers | % of total |
|---|---|---|
| Commonwealth Entitlements | $0.05 million | 16.2% |
| Equality | $0.03 million | 8.8% |
| Mental Health & Disability | $0.03 million | 9.5% |
| Migration | $0.1 million | 28.4% |
| Social inclusion | $0.1 million | 37.1% |