Engagement of Counsel
Appendix D to the Legal Services Directions 2005 set out a number of considerations relevant to the engagement of counsel by the Commonwealth. Considerations of value for money, quality of representation, and breadth of briefing inform the policy.
Commonwealth agencies must obtain a Commonwealth approved rate for counsel prior to briefing counsel.
Rates above $5,000
When seeking approval to engage senior counsel at a rate in excess of $5,000 per day, agencies should note:
- the Attorney‑General has made it clear that he will not approve rates in excess of $5,000 per day except in very exceptional and rare circumstances, and
- such applications must be made to the Attorney-General at the Ministerial level, and be supported by a letter from the relevant Minister, after consultation at the departmental level with OLSC.
Agencies are responsible for ensuring that they have access to a range of skilled Counsel able to accept briefs at approved Commonwealth rates.
Please contact us if you have any queries about approved Commonwealth rates for counsel.
Download the Counsel Fee Application Form
Contact us
Office of Legal Services Coordination
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600
Telephone: (02) 6141 3642
Email: olsc@ag.gov.au
