High Cost Case Management a Case plan The High Costs Case

High Cost Case Management
Case plan
a
The High Costs Case Management policy is available here.
Lead provider
Legal aid number
Date updated:
CLIENT DETAILS
Client’s full name
Client’s date of birth?
Is your client being held in custody?
Yes
No
What has your client been charged with?
Automatic inclusion
Selected for inclusion
Homicide offences
Class A drugs (operations only)
Likely case cost to exceed $30K
Infanticide
Criminal compensation/
Prerogative of mercy application
An associated case is under HCC
SFO or FMA charges
Retrial matter (where original HCC)
Other serious fraud (over $100K)
Sexual violation with > 2 complainants
Other reason, provide detail below:
Additional information. Please provide a brief commentary or any other information which may assist legal aid in managing funding decisions for
this case (eg legal complexities and/or evidential, significant forensic/scientific issues, language or mental health issues).
OTHER PARTIES
Has anyone else been charged with your client with these offences?
Yes
Co-accused name(s)/ name of their lawyer/ other information to help us identify their case if known:
No/Not aware
Are the charges faced linked to a specific police operation?
Yes
Name of police operation and a brief description of the scope of the operation:
No/Not aware
Are there multiple complaints in relation to the charges faced?
Brief description of the number of complainants and the nature of their complaints:
Yes
No/Not aware
RETRIAL PROCEEDING
PLEASE ATTACH A COPY OF THE APPELLATE COURT DECISION DIRECTING A RETRIAL
Were you counsel on record for the original trial?
Yes
No
Did you have any involvement in the original trial? Provide a brief description as to any involvement
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NEXT COURT FIXTURE DETAILS
In which court location and type will the case be
heard?
What date is the next scheduled court event?
What is the event type?
What is your estimate of trial length?
(ie,how many hearing days?)
What date has the matter been set down for trial?
By whom will the matter be heard?
(judge alone/ jury trial/TBD)
Funding Details
PREPARATION– 40 HOURS INITIAL GRANT
PLEASE ATTACH A COPY OF THE SUMMARY OF FACTS
Please provide a clear explanation of how the 40 hours has been/is to be utilised. Itemise the time spent/to be spent below.
Date work
completed
(dd/mm/yy)
Description of content
(including any pre- trials, bail applications etc completed within this 40
hours)
Format of
disclosure
(transcript/
DVD/)
Volume
(no of pages/ length
audio/ video)
Total hours
Time
sought
to review
0.00
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Additional information. Any other information which may assist legal aid in managing funding decisions for this particular stage
BAIL /PRE-TRIAL APPLICATIONS
Update this section as and when required. When requested you will need to supply a copy of any court minute, direction or order once the
application has been determined.
Application type
Date added
to case plan
(dd/mm/yy)
Application
sought by
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Preparation
time sought
(hours)
Drafting time
sought
(hours)
Appearance
time sought
(hours)
Total hours
Total hours
sought
0.00
Additional information. Any other information which may assist legal aid in managing funding decisions for this particular stage
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TRIAL PREPARATION– SUBSTANTIVE
Updated as/when required. However, it must be fully completed once full Crown disclosure has been received and the volume of evidence
to be produced is ascertained. Funding specified is to cover all tasks and activities required to be completed up to and including trial.
Actual hearing time is payable to the lead provider. A standard court day is 6 hours, based on 10am-5pm, excluding 1 hour lunch. Express approval
must be obtained before costs of appearance of any additional counsel will be considered.
Briefly comment on the key aspects of the Crown case and/or comment on areas of strength, weakness.
Non-party disclosure (comments as to the nature and volume as appropriate).
Prosecution witnesses information
The number of prosecution witnesses
The number of prosecution witness briefs currently served and their length in pages
The number of prosecution witnesses required to attend in person at trial of the prosecution witnesses?
Outline of Defence Case — Affirmative defences
Self Defence
Identity
Property defence
Automatism
Alibi
Diminished capacity/Insanity
Other (please outline below)
Please provide a brief summary of the key aspects of the defence case/ details of any areas of research required.
Second counsel. Please provide justification for any junior counsel or co-counsel sought, specifying their identity, proposed role and their level of
involvement. Refer to the published policy on second counsel.
Additional information. please provide any other comments regarding the legal matter which may assist legal aid in managing funding decisions
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Prosecution material/witnesses. Please provide an accurate description of the preparation required in relation to all prosecution material and witnesses.
Indicate if a prosecution witness is to give evidence in person or as read if known.
Date added
to case
plan
(dd/mm/yy)
Description
of content
(e.g. intercept
info)
Type
(format of
material)
Volume
(no. in pages/
hours of viewing)
Time
sought
to review
Relevance/complexity
Total hours
0.00
Defence trial preparation. Please include in this section time required for your opening and closing addresses and any other time required for the trial.
Defence material/ witnesses. Please provide an accurate description of the preparation required in relation to all defence material and witnesses. Indicate
if a defence witness is to give evidence in person or as read if known.
Date
added to
case plan
(dd/mm/yy)
Type
Volume
(in pages/
hours of viewing)
Relevance/complexity
Time
sought
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Total hours 0.00
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PREPARATION SENTENCING
Actual hearing time is payable to the Lead Provider. A standard court day is 6 hours, based on 10am-5pm, excluding 1 hour lunch. Express
approval must be obtained before costs of appearance of any additional counsel will be considered.
Date added
to case plan
(dd/mm/yy)
Activity
Type
Time
sought
to review
Relevance/complexity
Total hours 0.00
Additional information. Any other comments which may assist legal aid in managing funding decisions relating to this stage.
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SPECIALIST / INVESTIGATORS DISBURSEMENTS
Specialist report writers, expert witnesses, investigators, etc. A written estimate from the specialist is required.
Justification for disbursement - Relevance/necessity/complexity.
Date added to case plan
Type
Name
Estimated cost
Date added to case plan
Type
Name
Estimated cost
Date added to case plan
Type
Name
Estimated cost
Date added to case plan
Type
Name
Estimated cost
Date added to case plan
Type
Name
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Type
Name
Estimated cost
Date added to case plan
Type
Name
Estimated cost
Date added to case plan
Type
Name
Estimated cost
Additional information. Any other comments which may assist legal aid in managing funding decisions relating to specialist disbursement requests
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GENERAL DISBURSEMENTS
Travel, photocopying etc.
Update this section as/when required
Date
added to
case plan
(dd/mm/yy)
Type
(format of material)
Name
Description of assistance/role
Estimated
cost
Estimate
or quote
attached?
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Additional information. Any other comments which may assist legal aid in managing funding decisions relating to disbursement requests
Provider confirmation
■ I acknowledge and confirm that the information provided above is accurate to the best of my knowledge and ability
■ I acknowledge that I have read and understood the responsibilities of counsel as outlined High Cost case policy
Provider Name/ Signature
Date
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