Practitioners are reminded that it is a condition of a grant of legal assistance that costs are recovered wherever possible.
Unforseen circumstances (for example, court adjournments) entitle lawyers to recover or seek costs. Given the number of proceedings where grants of legal assistance exist, this can amount to substantial funds we can reallocate to additional client matters.
How to recover costs
To help you recover costs we have put together snapshots that cover how to seek and recover costs, including application and submission processes and links to Appeal Costs Board forms, legislation and cases:
- Seeking costs in family law proceedings (docx, 137 KB)
- Appeal costs certificates – criminal proceedings (docx, 138 KB)
- Appeal costs certificates – civil proceedings (docx, 137 KB).
Beware – there’s a time limit in appeal costs matters
A 12-month time limit applies so please submit your applications when billing and closing files to ensure a swift process.
Please note that Appeal Costs Fund Certificates can sometimes be submitted even before a matter has concluded (except in a re-trial).
If you have any queries or need more information on making cost applications please contact:
- Legal Recoveries Officer Chris Carlson on (03) 9606 5260
- Senior Costs Advisor Bill Trumble on (03) 9606 5234.
Department of Justice – Legal practitioners application to the Appeal Costs
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au
Reviewed 25 January 2022