Test case litigation program

Counsel fees

We will only fund your client for the same number and seniority of counsel that we engage to conduct the case - for example, if we brief one junior counsel, we will only reimburse your client for the cost of engaging one junior counsel to represent them.

We will reimburse your client for counsel fees at the rate approved for their counsel by the Attorney-General's Department. Before briefing a barrister, their solicitor must approach the Office of Legal Services Coordination (OLSC) in the Attorney-General's Department to find out if they have already set a rate for their counsel. If not, then their solicitor, or the barrister they propose to brief, must apply to the OLSC for a rate to be set.

They can request a rate to be set using the application form on the OLSC's website at ag.gov.au/olsc

If the fee payable to your client's counsel is higher than the rate approved by the OLSC, we will not reimburse your client for the balance.

Sections within Test case funding deed

• Costs covered by the deed
• Solicitor fees
• Counsel fees
• Disbursements
• Non-legal costs
• Costs that are not covered
• Suspension or termination of funding
• Conditions of deed funding
• How to claim reimbursement