Counsel Fee FAQs

What factors are considered when determining whether a counsel receives a fee increase as part of the biennial fee review? 

The factors considered when determining whether counsel is to receive a fee increase as part of a biennial fee review include:

• whether counsel’s current fee remains consistent with the Counsel Fee Range Guide;  
• the level of work counsel has performed for the CDPP since the previous biennial fee review; 
• the length of time counsel has been on their current fee;  
• counsel’s performance; and 
• relevant jurisdictional factors or other circumstances unique to that counsel or the needs of the CDPP.

Counsel are not guaranteed a fee increase as part of the biennial fee review. 

Can counsel request a review of their rate outside the biennial fee review? 

Outside of the biennial fee review process, counsel fees will only be reviewed in exceptional circumstances.  

Requests for a fee increase outside of the biennial fee review process must be made by email to the Counsel Coordination team: counsel@cdpp.gov.au. 

The fact that counsel did not receive a fee increase in previous biennial fee reviews will not, in itself, be considered as an exceptional circumstance. 

When does a fee increase take effect? 

Any fee increase will apply to new briefings only. Fee increases will not apply to existing briefings.