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Setting and negotiating Commonwealth Counsel rates
Guidance material for agencies

Overview
The Legal Services Directions 2005 (the Directions) require that to be engaged to perform
Commonwealth legal work, counsel must have an approved Commonwealth rate (paragraph 4E).
OLSC has previously approved all initial and increased rates, consistent with the policy of exerting
maximum downwards pressure on rates. This guidance material reflects the amended policy to
streamline this process and enable agencies who are engaging counsel in accordance with the
Directions to make their own informed decision about the rate of engagement below certain
thresholds. Rates above the thresholds wil  stil  require approval by the Attorney-General or his or her
delegate.
When counsel rates may be negotiated
OLSC wil  set an initial Commonwealth rate on application by an agency or counsel, as is currently
the case. If a junior counsel who has an initial rate approved takes silk, OLSC wil  set an initial rate for
senior counsel. Once an initial Commonwealth rate has been approved by OLSC, it is open to an
agency and counsel to negotiate a different ongoing rate for a particular brief (paragraph 5 of
Appendix D the Directions). However, there is no expectation that a rate be negotiated in each
individual matter – the default position should be that the most recent rate approved by OLSC or
agreed between counsel and the Department would apply.
An agency may negotiate a rate up to the threshold limit of $2,300 (inclusive of GST) for junior
counsel and $3,500 (inclusive of GST) for senior counsel.
Factors to consider in negotiating a rate
When negotiating a new rate, an agency should take into consideration:
•  Counsel’s current rate and the year it was approved
•  The per annum increase amount (the calculation)
•  Any special circumstances of counsel
•  Any special circumstances of the matter
•  Value for money

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Counsel’s current rate and the year it was approved
An agency should first look at the last approved rate by OLSC to assist in negotiating a different rate.
If the rate is above $2,300 for JC or $3,500 for SC, the agency must apply to OLSC for any increase
of these rates.
The agency should look to the year the rate was approved. For example, for a JC with 10 years’
experience whose rate was set 5 years ago, it may be reasonable to increase the rate by 5 times the
per annum increase amount, reflect counsel’s additional experience. If counsel has taken silk and
moved to senior counsel since their last rate was approved, the agency should apply to OLSC for an
initial senior counsel rate.
There may be circumstances where a higher or lower rate is appropriate (see further below).
The per annum increase amount (the calculation)
As a general rule, agencies should apply a per annum increase for each year since the last rate was
set. The current year is taken as 1 year of experience (ie in 2014, a 2014 JC has 1 year experience, a
2013 2 years’ experience, etc).
For both junior and senior counsel, apply a $75 per annum increase.
For example: John is a 2005 junior counsel. His last rate was $1,250 per day and it was
approved on 30 July 2007. As it is 7 years since his rate was last approved, John’s rate
should be calculated as follows:
•  Increase: 7 years at $75 per annum = $525
•  New rate = Current rate ($1,250) + increase ($525) = $1,775
John’s new rate should be $1,775 per day unless there are special circumstance that would
warrant a higher rate.

Special circumstances of counsel
It may be appropriate to negotiate a higher rate for counsel if there are special circumstances about
the counsel the agency wishes to engage.
Agencies should not feel obliged to consider special circumstances, either of counsel or of the matter.
Agencies’ default negotiation position should be counsel’s current rate and any per annum increase.
Any additional increase based on special circumstances should not be considered unless actively
sought by counsel. This wil  maintain consistency across the practice of agencies and ensure
agencies and counsel are not required or expected to negotiate rates in each individual matter.
Special circumstances of counsel that may be relevant include:
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•  Counsel’s particular experience in the legal subject matter
•  Other experience that would be particularly valuable to the agency
•  Location of counsel (e.g. Papua New Guinean practice)
•  Availability - no other suitable counsel may be available
Special circumstances of the matter
The specific matter may also bring up a number of additional circumstances that lead to a higher rate
for counsel being appropriate. Special circumstances may include:
•  The matter is sufficiently important to the agency to warrant a high rate – this may be
because the matter would set an important precedent or be of novel value
•  The location of the matter (eg rural Australia)
•  Length of the matter – eg Royal Commissions are significantly long
Value for money
Agencies are ultimately responsible, in accordance with the Directions, the Commonwealth
Procurement Rules and the Public Governance, Performance and Accountability Act 2013, for
obtaining value for money when engaging counsel.
Agencies should actively seek to keep Commonwealth legal costs down in recognition that and
Commonwealth work is often regular or high profile in nature and that the Commonwealth always
pays its bil s. Commonwealth rates are generally significantly lower than counsels’ commercial rates.
Agencies should rely on the Commonwealth’s bargaining power when negotiating rates with counsel.

s 47E(d)

Most counsel should fal  under the threshold unless there are specific reasons why they
should have a higher rate.
In making such an application, an agency should provide the following information to OLSC:
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•  the special expertise or skil  of the counsel who is proposed to be briefed
•  the availability of counsel generally to appear in the matter
•  the specific request of an agency that a particular person be briefed and the reasons for
that preference
•  the importance of the matter, including any special sensitivity
•  the normal market daily fee at which the relevant counsel is briefed
s 47E(d)









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s 47C(1)
Engagement of Counsel
Background
Counsel play a unique role in the legal profession due to their function as advocates and their
independence from other legal practitioners. They are primarily engaged for their advocacy skills
which can be essential to the efficient and effective resolution of complex disputes. Counsel with
extensive experience in dispute resolution may also be strategical y engaged to provide advice on
the prospects of success prior to the commencement of a matter. Many counsel are also specialists
in particular areas of the law and can be briefed directly by other legal practitioners for legal advice.1
Capable and highly skil ed counsel are essential to the Commonwealth due to the nature and impact
of Commonwealth legal work. s 47E(d)

Ready access to high quality and appropriately experienced counsel is therefore an
essential part of supporting the Attorney-General as the First Law Officer in his or her responsibilities
to manage Commonwealth litigation and ensure that the Commonwealth can effectively manage its
legal risks.
The manner in which the Commonwealth engages counsel must be flexible enough to meet short
time frames but robust enough to ensure value for money. The management of counsel fees is
currently overseen by OLSC. This function forms part of the initial responsibilities and purposes of
OLSC at its establishment2 and was original y undertaken by the Attorney-General’s Department’s
Legal Practice area which managed the centralised procurement of counsel services. The centralised
nature of the arrangement was recognised by s 22(1) as essential to enabling the Commonwealth to
effectively exploit its “significant purchasing power” to achieve savings.3
OLSC undertakes the management of counsel fees by:
•  approving “initial rates” for counsel seeking to be engaged by the Commonwealth4
•  approving one-off and ongoing rates that are higher than relevant base thresholds ($2300
for JC and $3500 for SC)5 but below the $5000 per day threshold that requires personal
approval by the Attorney-General6
•  facilitating the making of requests by entities to the Attorney-General for one-off or ongoing
rates higher than $5000 per day7,
•  providing guidelines to entities on counsel fee negotiations, and
•  maintaining a repository of initial rates for counsel.

1 http://www.austbar.asn.au/
2 Logan.
3 Logan reference….
4 Paragraph 4E of the LSDs requires counsel to have an initial rate approved by OLSC , even where the rate
being sought is below relevant thresholds.
5 Paragraph 5 of the LSDs
6 Paragraph 9 of the LSDs
7 Paragraphs 9 and 14 of the LSDS
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s 47C(1)
In practice, entities wil  interact with OLSC at key stages of the process for engaging counsel. Entities
wil  often first contact OLSC to confirm whether a counsel they seek to engage has an approved
initial rate. If there is no initial rate, the entity or the counsel seeking to be engaged wil  apply to
OLSC for an initial rate to be approved. In doing so, OLSC wil  have primary regard to the years of
experience a counsel has either as a JC or SC.
Once a counsel has an initial rate approved, entities may contact OLSC again to seek approval of a
one-off or ongoing rate that is greater than the relevant base thresholds in the LSDs but under the
$5000 per day threshold that requires personal approval by the Attorney-General. s 47E(d)

s 47C(1)
Issues
An effective framework for engaging counsel services for the Commonwealth should reflect  and
acknowledge the circumstances in which and purposes for which counsel are commonly engaged for
Commonwealth work. It is critical to the management of Commonwealth legal risk that counsel with
the right expertise be available and can be engaged in a timely and cost effective manner. An
effective framework must be flexible and responsive enough to deal effectively with urgent
deadlines and robust enough to not diminish the Commonwealth’s capacity to achieve value for
money and access high quality counsel. In this context, it is necessary to consider:
8 Paragraph 12 of the LSDs
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Standard Operating Procedures:
Counsel rate applications and
enquiries

s 22(1)

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Definitions
4.  In this document, the fol owing terms are defined as fol ows:
Agency – A non-corporate Commonwealth entity or a corporate Commonwealth entity within the
meaning of the Legal Services Directions 2017 (see paragraph 15, Part 4 of Schedule 1).
Applicant – The person or entity making an application for a Commonwealth counsel rate. The
applicant may be an agency, law firm, chambers or counsel.
Approved Commonwealth counsel rate – An amount or level of payment for a counsel approved by
the decision maker. Approval may be as an ‘ongoing’ counsel rate or a ‘one-off’ counsel rate.
Brief - The engagement of counsel to provide legal services in a matter.
s 47E(d)

Counsel – Barristers from the private bar or legal practitioners (in a jurisdiction like the ACT where the
profession is fused) briefed as barristers to advise or appear in tribunal or court proceedings. This may
include a solicitor-advocate, junior counsel or senior counsel. It also includes certain AGS employees
briefed as counsel, described as either AGS JC or AGS SC in the database.
Counsel Rate Table – The internal document that sets out daily rates against a counsel’s years of
experience.
Decision maker – The person who makes the decision whether to approve an application for a
Commonwealth counsel rate and is determined by the Legal Services Directions 2017 and the
Attorney-General's Statutory Powers – Delegation 2020 (No 1)). A table listing relevant decision makers
is at paragraph 23 of this document.
Enquiries – Requests for information on approved Commonwealth Counsel rates. Enquiries may come
from agencies, law firms or counsel directly, and may include requests made via telephone, email or
file notes. Enquiries may be made in relation to whether a Counsel has a rate, the date of approval
and/or the amount, or other information.
Increase Rate – An increase to an already approved Commonwealth Counsel rate.
Initial Rate – The first ongoing rate approved for a counsel. It may be because counsel has not
previously had a rate, or when counsel either joins the bar or takes silk.
Junior counsel (JC) – A barrister (who is an independent specialist advocate and advisor in law) who is
yet to attain the rank of Senior Counsel or King’s Counsel. A junior counsel may assist a Senior King’s
Counsel in large or very complex matters. A junior counsel may also be briefed on their own in simpler
matters.
‘One-off’ counsel rate – An OLSC-approved rate for counsel acting for the Commonwealth in a specific
matter and only applies to the matter described in the approval.
‘Ongoing’ counsel rate – The OLSC- approved rate that al ows counsel to be briefed by an Agency in
order to act for the Commonwealth.
Senior or King’s Counsel (SC/KC) – A barrister of seniority and eminence. Some jurisdictions use ‘Senior
Counsel’ and some prefer ‘King’s Counsel’ but the terms are equivalent. The designation as a
‘Senior/King’s Counsel’ publicly identifies barristers whose legal standing and achievements justify an
expectation of outstanding service as advocates and advisers, benefitting the administration of justice.
They are also colloquially known as ’silks’.
s 22(1)

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Threshold amount – The maximum amount under the Directions that can be paid to counsel after an
ongoing rate has been set without the Attorney-General’s or OLSC delegate’s further approval. For JC
the threshold is $2,300, and for SC/KC it is $3,500. OLSC must be consulted before a one-off or new
ongoing rate over the threshold is agreed with counsel. An application for a new rate may need to be
made.
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PART A – Policy
Background
5.  The Legal Services Directions 2017 (the Directions) are issued by the Attorney-General under
section 55ZF of the Judiciary Act 1903. The Directions give effect to the Attorney-General’s
responsibilities as the First Law Officer for arrangements governing the delivery and management of
Commonwealth legal work, including engagement of counsel. The Office of Legal Services Coordination
(OLSC) administers the Directions.
6.  Appendix D provides the framework for the engagement of counsel to ensure that agencies can obtain
high quality legal services.
7.  The framework is designed to generate downward pressure on counsel rates to take advantage of the
Commonwealth’s bulk-purchasing power. This assists the Commonwealth to ensure it receives value
for money as a major purchaser of legal services.
8.  Counsel are to be engaged by or on behalf of an Agency in accordance with Appendix D of the
Directions (Paragraph 6.1 of the Directions). While the choice of counsel is a matter for individual
agencies (considering the Directions, advice from their lawyers, and subject to the availability of
counsel with an approved Commonwealth counsel rate), they are encouraged to brief a wide range of
counsel. This ensures that there is a wide pool of experienced counsel available to perform
Commonwealth legal work.
Applications
Applying to OLSC for a counsel rate
9.  Appendix D requires Commonwealth agencies to only engage counsel with a Commonwealth approved
rate. Most requests are for counsel who are at the state or territory Bar. Occasionally, OLSC may
receive requests from solicitors seeking an ongoing Commonwealth counsel rate. Further information
regarding applications from solicitors is included below.
Ongoing rates
10. To apply for an ongoing rate an applicant must complete an application form available here. All
applications are to be received and assessed by OLSC. However, applications for rates over $5,000
require a decision by the Attorney-General.
11. An applicant may apply for a new ongoing Commonwealth rate (inclusive of GST) to be set if:
•  counsel does not have an ongoing Commonwealth rate
•  counsel has taken silk since their ongoing Commonwealth rate was approved, or
•  exceptional circumstances exist to review a rate.
12. Once an ongoing rate has been set, agencies can negotiate up to the threshold amount without seeking
approval by the Attorney-General or their delegate ($2,300 for JC and $3,500 for SC (paragraph 5 of
Appendix D)).
One-off rates
13. An agency may wish to pay counsel a higher ‘one-off’ rate for their work on a particular matter. To be
eligible for a one-off rate counsel must have an ongoing rate. The one-off rate expires after the matter
for which that rate was approved is finalised. While not an exhaustive list, reasons why there might be
a need for a one-off rate include:
•  the matter is significant or particularly sensitive
•  the matter demands a high level of counsel’s expertise
•  there is an upcoming court event or key dates, creating urgency
•  unavailability of counsel with similar expertise, creating pressure
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•  there is a specific preference for a counsel and, for example, the Solicitor-General is
unavailable
14. While OLSC receives applications from agencies, law firms, chambers or directly from counsel, OLSC
general y requests that the Agency submit the application where:
•  a one-off counsel rate above a threshold amount is required for a particular brief, or
•  a Commonwealth counsel rate is sought for a solicitor who is acting as counsel
(solicitor-advocate).

15. The application process for applications for an ongoing rate and those for a one-off rate is the same.
16. OLSC can receive one application for a one-off rate for the same counsel in two different matters. OLSC
wil  then determine whether this application can be processed as one request or as two separate
requests.
17. Similarly, OLSC can process one application for one-off rates for multiple counsel in the same matter.
Solicitors
18. Appendix D also applies to solicitors who, although not from the bar, are briefed as counsel in lieu of a
private barrister to conduct or advise on litigation for the Commonwealth or Commonwealth agencies
(paragraph 3 of Appendix D).
19. OLSC wil  only approve an ongoing counsel rate for a solicitor when the request is supported by an
Agency wishing to brief the solicitor-advocate. In this circumstance, the ongoing counsel rate will apply
only to work done as counsel for the agency that supported the application.
20. If a solicitor-advocate is granted an ongoing counsel rate it will generally be at the first year JC rate, as
per the counsel rate table. However, once a solicitor-advocate has an approved Commonwealth
counsel rate, an Agency may negotiate a rate up to the threshold amount for JC’s. Once OLSC has
approved an ongoing rate for a solicitor-advocate, OLSC wil  not consider any applications for increases
to the rate unless there are exceptional circumstances. The purpose of this is to maintain consistency
with the policy for JC’s. A new ongoing rate would be granted if the solicitor joins the bar.
21. A solicitor-advocate who is admitted in an amalgamated jurisdiction (SA, VIC, WA, ACT, TAS and NT)
may have had relevant experience in counsel work beyond a first year JC. For example, they may have
considerable experience before tribunals, at a State Solicitor’s office, a prosecutorial body, or public
defender and have significant experience in counsel work. In these instances, an agency may wish to
support a rate above the first year JC rate when the application is made. Generally, these applications
receive the first-year JC rate unless exceptional circumstances apply.
s 22(1)





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s 22(1)

Relevant factors
28. s 47E(d)

29. Ordinarily, the assessment begins with consideration of the fol owing factors:
• The year of admission to the Bar – this is demonstrative of counsel’s seniority in comparison
with other counsel. In the case of more junior counsel with less experience (0, 1 or 2 years),
utilising the Counsel Rate Table (referencing the relevant starting rate against counsel’s year of
admission) may be enough to determine a suitable rate. s 22(1)

• The commercial rate of Counsel – this usual y reflects the experience and/or expertise of the
Counsel, and is a particularly relevant consideration where an applicant is more senior.
30. In some cases, it is necessary to take into account other information. Situations where this may be
necessary include if the commercial rate of the counsel relative to seniority is high, or when the
requested Commonwealth rate is higher than usual (indicating likely specialised expertise). s 47E(d)

31. Experience which may be relevant to the determination of a rate includes but is not limited to:
• If the applicant may be highly specialised in a particular area, or come with significant other
legal experience.
• Previous experience from practice as a solicitor, including if the counsel has worked in the
State Solicitor’s office, a prosecutorial body, a public defender, or something similar.
• Whether before joining the bar, the barrister conducted work as a solicitor-advocate.
• Experience from practice international y
o This wil be most relevant where a rate is sought to work in Australia:
- Overseas-qualified lawyers need to apply to the state and territory admissions
boards to determine what steps are needed to requalify (each situation is
judged on a case-by-case basis), and
- If the person is from New Zealand the occupation is recognised in Australia
under the Trans-Tasman Mutual Recognition Act 1997
o On very rare occasions, the Commonwealth may seek to engage foreign counsel in an
overseas jurisdiction. In these cases, we would need to discuss the circumstances with
the agency.
• Whether the matter to be briefed may have some special sensitivity which requires the
services of a particular counsel.
• Whether a nominating agency has reason to brief that particular person. In this instance, the
agency should include the reason for that preference in the application.
s 47E(d), s 22(1)

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s 22(1)




s 22(1)

Increase to ongoing rates
46. Generally, OLSC policy is to not review applications for increases to approved Commonwealth rates
which are less than or equal to a threshold amount. Once a counsel has an approved Commonwealth
rate, an agency and counsel may choose to negotiate a competitive and comparable rate for a brief up
to and including the relevant threshold amount without the need to consult with OLSC. These
negotiations should have regard to obligations outlined in Appendix D of the Directions and the
agency’s experience with counsel over the previous year.
s 47E(d)





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Counsel Rate Table
59. The Counsel Rate Table is an internal document that sets out the relevant starting rate for counsel
according to the year they were admitted. It is referred to as part of the assessment process for
determining a Commonwealth counsel rate.
60. The document is updated annual y at the start of each calendar year, with $75 being added to each
cohort’s starting rate reflecting additional experience.
61. In most instances the Counsel Rate Table will general y be used as a guide, rather than relied upon to
make a decision. However, it is OLSC policy to rely on it for counsel with 0, 1 or 2 years’ experience
where there is no reason to utilise any other methods of assessment. s 47E(d)

s 22(1)

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PART D - Annexures
Annex A: Example analysis –ongoing rate relying on Counsel Rate Table
Dear Approver
Please find an ongoing counsel rate application for your approval.
Application Information
Deadline
N/A
Counsel Name
John Briggs (JC – 2019)
Rate type
Ongoing
Agency requesting
N/A
Requested rate
N/A
Counsel’s commercial rate
$2,200
Counsel’s current ongoing rate
N/A
and date of approval
Background
Counsel is seeking an initial rate.
Recommendation
I recommend you approve an ongoing rate of $1,100.
This is on the basis that:
• The rate is 50% of counsel’s commercial rate, within OLSC policy
• The rate is for a first year counsel in accordance with the Counsel Rate table
• The application does not provide information that would require further analysis.
Please see below a proposed response email:
Kind regards
[Action officer]
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Document 5 - Page 1 of 5
PDR Number MC21-017511
Date of Letter 15 April 2021
ATTORNEY REPLY
CORRESPONDENTS
Mr Andrew Muller
President
ACT Bar Association
Ms Prue Bindon
Chair
Equal Employment Opportunity Committee
ACT Bar Association
SUBJECT: s 22(1)
- ACT Bar - briefing concerns with respect to the engagement of
counsel by the Commonwealth
DEADLINE FOR RESPONSE: N/A
HISTORY:
Date received by MO:
27 April 2021
Date received by Dept:
28 April 2021
Date due in MO:
14 May 2021
Date sent to MO:
14 May 2021
Date returned for
N/A
redraft:
Date redrafted and
N/A
returned to MO:
Reason if overdue:
N/A
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MINISTERIAL CORRESPONDENCE AUTHORISATION SHEET
Ministerial Correspondence Details
Min Rep No:
MC21-017511
s 22(1)
Subject:
- ACT Bar - briefing concerns with respect to the engagement of
counsel by the Commonwealth
Deadline for response:
N/A
Correspondent:
Mr Andrew Muller (President, ACT Bar Association) and Ms Prue Bindon
(Chair of ACT Bar Association’s Equal Employment Opportunity Committee)
Summary/Overview:
Mr Muller and Ms Bindon, raise concerns about the Commonwealth’s
engagement of counsel under Appendix D to the Legal Services Directions 2017
(Directions) (Attachment A) on behalf of the ACT Bar Association (ABA).
The concerns relate to:
• a lack of consistency among Commonwealth agencies and confusion
about how counsel rates are determined
• the capping of counsel fees through using a daily rate, and
• the gendered impact of the above.
The letter requests an education campaign be conducted to ensure
Commonwealth agencies understand the counsel rate regime and abolishing the
daily cap on fees, particularly as it applies to court, tribunal or inquiry hearings.
The letter also proposes meeting with the Office of Legal Services Coordination
(OLSC) to further discuss the issues, and separately suggests OLSC’s
involvement in ABA seminars for its members on the counsel rate regime.
s 47C(1)

Special Points for
Commonwealth agencies are subject to the requirements of Appendix D to the
Attention:
Directions when engaging counsel. Among other things, Appendix D sets rules
for the rates that can be paid to counsel by way of a cascading set of approvals.
This counsel rate regime uses daily rate as its primary touchstone, s 47C(1)
In engaging counsel, the Commonwealth seeks to use its purchasing power to
maintain downward pressure on costs whilst also engaging counsel with
expertise suitable to the matter at hand and fostering a broad and diverse pool of
counsel familiar with government work. s 47C(1)

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Method for determining counsel rates (paragraphs 1-12 of letter)
The ABA’s understanding of the counsel rate regime as set out in its letter is
essentially correct. Counsel must have an ‘initial’ rate approved by OLSC before
undertaking Commonwealth legal work, after which agencies may negotiate a
rate up to the relevant daily thresholds ($2,300 for junior counsel and $3,500 for
senior counsel). OLSC may approve rates above these thresholds for a counsel,
which can either be approved as ‘one-off’ for a single matter or ‘ongoing’ for all
future work by that counsel. Your approval is required for daily rates above
$5,000. Noting agency ability to negotiate rates up to the daily thresholds, OLSC
does not generally approve increases to the initial rate below the threshold
unless the counsel has taken silk.
s 47C(1)

Limitation on hourly rates:
s 47C(1)

Appendix D sets out the
maximum daily rate that can be negotiated with counsel. In general, the regime
does not prescribe hourly rates. Once a daily rate is set, an agency may also
negotiate an hourly rate to account for work undertaken of less than a day’s
duration. If an hourly rate is negotiated, Appendix D prohibits hourly rates
greater than one-sixth of the daily rate without your approval – the purpose of
this limitation is to avoid counsel being able to bill the full daily rate when
working fewer than six hours.
The negotiated daily rate should be set at a level that is both cost-effective and
reflects fair remuneration for a full day of the counsel’s work. s 47C(1)

s 22(1)

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s 22(1)

Previous Relevant
Nil
Corro:
Authorised By:
Name:
Michael Johnson
Position:
Assistant Secretary
Division:
Office of Legal Services Coordination, Legal Services Policy
Division
Phone:
s 22(1)
Minister’s Office Use (Relevant information to be inserted by DLO/Adviser as required)
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
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Senator the Hon Michaelia Cash
Attorney-General
Minister for Industrial Relations
Deputy Leader of the Government in the Senate
Reference: MC21-017511
Mr Andrew Muller
President
ACT Bar Association
PO Box 789
Canberra ACT 2601
Ms Prue Bindon
Chair
Equal Employment Opportunity Committee
ACT Bar Association
PO Box 789
CANBERRA ACT 2601
By email: xxx@xxxxxx.xxx.xx
Dear Mr Muller and Ms Bindon
Thank you for your letter regarding the ACT Bar Association’s concerns over the engagement
of counsel by the Commonwealth. I appreciate the time you have taken to bring these matters
to my attention.
I acknowledge the important role counsel play in the provision of high quality legal services to the
Commonwealth and value a strong partnership with the profession in furthering our shared interests.
Your understanding of the Commonwealth’s counsel rate regime is correct in all material respects,
and I agree that there is a need for improved communication to Commonwealth agencies about the
regime. The regime operates on the basis of setting maximum daily rates, not limits on hourly rates.
Daily rates negotiated between an agency and counsel should be both cost-effective and reflect fair
remuneration for a full day of the counsel’s work.
I am very conscious of the gendered impacts of the briefing practices of agencies. The
Commonwealth is committed to meeting or exceeding the equitable briefing targets set out in the
Legal Services Directions 2017, and I am proud to say that agencies have done so in each year since
the target was introduced. More can always be done in this space, and it is important for
government to work closely with the profession to this end.
I have asked Michael Johnson, Assistant Secretary of the Office of Legal Services Coordination, to
meet with you to discuss your concerns in more detail as well as possible responses. He will be in
touch with you directly to organise a convenient time.
I trust this information is of assistance and thank you again for bringing these matters to my
attention.
Yours sincerely
Senator the Hon Michaelia Cash
/ / 2021
Perth
Canberra
44 Outram Street, West Perth WA 6005
Parliament House, Canberra ACT 2600
Ph 08 9226 2000
Ph 02 6277 7300
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Document 6 - Page 1 of 1
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Document 7 - Page 1 of 1

OLSC Counsel Rate Table – From 1 January 2024
Rates are inclusive of GST
Junior Counsel $75 increase (1yr +)

Senior Counsel $75 increase (1yr +)
Years exp
Current rate
Hourly rate

Years exp
Current rate Hourly rate
(24) 1 year
$1,100
$183

(24) 1 year
$2,825
$471
(23) 2 year
$1,175
$196

(23) 2 year
$2,900
$483
(22) 3 years
$1,250
$208

(22) 3 years
$2,975
$496
(21) 4 years
$1,325
$221

(21) 4 years
$3,050
$508
(20) 5 years
$1,400
$233

(20) 5 years
$3,125
$521
(19) 6 years
$1,475
$246

(19) 6 years
$3,200
$533
(18) 7 years
$1,550
$258

(18) 7 years
$3,275
$546
(17) 8 years
$1,625
$271

(17) 8 years
$3,350
$558
(16) 9 years
$1,700
$283

(16) 9 years
$3,425
$571
(15) 10 years
$1,775
$296

(15) 10 years
$3,500
$583
(14) 11 years
$1,850
$308

(14) 11 years

(13) 12 years
$1,925
$321

(13) 12 years

(12) 13 years
$2,000
$333

(12) 13 years

(11) 14 years
$2,075
$346

(10) 15 years
$2,150
$358

(9) 16 years
$2,225
$371

(8) 17 years
$2,300
$383

(7) 18 years

(6) 19 years

(5) 20 years

(4) 21 years

TRIM: 23#900DOC

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