Action 4: introduce brief analysis and case strategy fee

Why we introduced the new fees

Our analysis of hundreds of indictable files during the Indictable Crime Panel assessment process revealed there is an inconsistent approach to the early identification and resolution of issues.

To address this, we introduced a distinct fee to encourage early brief analysis and case strategy development prior to a committal mention. This:

• ensures that clients are provided sound advice at an early stage, improving prospects of early, appropriate resolution or alternatively identify and narrow the issues in dispute so that trials run in a more focused way
• leads to more skilled legal professionals
• provides other efficiencies that will improve services for clients, the courts and the community.

What happens next

The current general preparation fee of $1151 for eight hours work has been halved to create two separate fees:

• a documented brief analysis and case strategy fee (four hours at $572) to cover the work involved in a solicitor or barrister undertaking the analysis
• a lump sum general preparation fee (four hours $572) to cover other general preparation undertaken by a solicitor.

The fee is flexible, enabling either solicitors or barristers to conduct the analysis. This recognises feedback from our stakeholders, which encouraged early involvement of counsel where possible.

The new fees were introduced on 12 January 2015.

See Table E – Lump sum fees for Magistrates’ Court stage of an indictable crime matter.