Counsel
The CDPP frequently engages counsel to support the diverse and complex litigation work conducted by the Office.
The CDPP’s engagement with counsel is critical to our delivery of an effective and independent prosecution service to the Australian community. Across its national practice, the CDPP greatly values its ongoing professional relationship with the various Bars.
The CDPP has established a dedicated Counsel Coordination team.
Counsel are welcome to contact the team via email at counsel@cdpp.gov.au in relation to any non-matter specific aspects of their engagement with the Office.
Counsel List
The CDPP maintains a Counsel List (comprised of both senior and junior counsel).
The Counsel List provides the CDPP’s legal practice with a register of counsel available to be briefed for CDPP work and assists the CDPP improve gender equity in briefing practices.
The List is actively managed by the Counsel Coordination team and updated (including through the addition and removal of counsel) periodically to ensure that it supports the future needs of the CDPP’s legal practice.
Counsel are reminded that being on the List does not guarantee receiving briefs from the CDPP. The briefing of the appropriate counsel in appropriate matters remains an operational matter for the CDPP’s legal practice. Similarly, there is no guarantee that counsel will remain on the List in the future.
From time to time, the CDPP may elect to brief counsel not included on the List at its discretion.
Counsel on the List should inform the CDPP of any updated contact information (such as change of chambers or clerk) and must inform the CDPP of any change in any material circumstances that may affect their suitability to accept briefs from the CDPP.
Expressions of interest
Counsel are invited to express their interest in being on the Counsel List by completing this online form. Please note this form is unable to be saved part-way through completion. Please do not navigate away from the page while inputting information into the form (as previously entered data will be unable to be recovered once you have left the page).
When completing the form, counsel will be prompted to provide information in relation to their relevant experience, a current CV and the names of two referees.
Expressions of interest are considered on a quarterly basis. If you would like to express your interest in being on the List as part of the upcoming July 2025 List review, please express your interest by completing the form by 30 June 2025.
Expressions of interest received between April and June 2025 will be considered in July 2025.
Working with the CDPP
The CDPP engages a broad range of counsel at different levels, and with varied experience.
When selecting counsel, the CDPP considers a number of factors including counsel’s:
- demonstrated knowledge of law and procedure relevant to Commonwealth prosecution work;
- demonstrated ability to conduct (led or unled) jury trials and appeals. This may range from straightforward to more complex matters involving multiple defendants and witnesses, technical evidence, or difficult or novel questions of law;
- demonstrated ability to present proficient written submissions or advice to a high standard, particularly when working with voluminous and complex briefs of evidence;
- clear understanding of the operation of the Prosecution Policy of the Commonwealth and the role and ethical standards required of a prosecutor, including, but not limited to, familiarity with the Barristers Rules for the relevant States or Territories and the CDPP Statement on Disclosure;
- proven capacity to work within set deadlines and work effectively with other members of a prosecution team, with each member of that team having a distinct role;
- demonstrated ability to work collaboratively and maintain professional working relationships with CDPP solicitors;
- clear understanding of the CDPP Victims of Crime Policy, and ability to engage effectively with victims and witnesses; and
- willingness to engage with e-briefs and work on e-trials.
Counsel Fees
Counsel will have a CDPP daily rate set on the first occasion they are briefed by the CDPP’s legal practice. Counsel fees are determined in accordance with the Counsel Fee Range Guide.
The CDPP conducts a biennial review of existing fees set for individual counsel. The most recent review took place in June 2024. The next fee review is scheduled to take place in mid-2026. The CDPP may vary the schedule of these fee reviews at its discretion.