Fees and Charges
CSO Fees
The Crown Solicitor's Office is responsible to the Attorney-General for the provision of legal services to the Attorney, to Cabinet and to all government agencies. Because of its role in government transactions, the Crown has built a large body of specialist knowledge in public law, public revenue, public risk and liability, government policy and intergovernmental issues. The Crown is a 'not for profit' government agency that is partly funded by Treasury appropriation. The balance of our costs are funded by the fees we charge.
Treasurer's Instruction 10 (Engagement of Legal Practitioners) requires public authorities to seek the advice of the Crown Solicitor before engaging a legal practitioner other than the Crown Solicitor. The Crown Solicitor does, in special circumstances grant approval under Treasurer's Instruction 10 for the engagement of private lawyers, e.g. where the CSO lacks expertise in a specialist area or does not have capacity to do the work. A Cabinet decision requires that approval not be given for use of interstate lawyers unless the required expertise is not available in this State.
The current rates are:
| 2010/11 | 2011/12 | |||
| Legal Staff | $223/hour | $230/hour | ||
| Conveyancers | $136/hour | $140/hour | ||
| Investigators | $136/hour | $140/hour | ||
| Law Clerks | $136/hour | $140/hour | ||
| Crown Advocate | $360/hour | $2879/day | $ 370/hour | $2965/day |
Private Solicitor Fees under TI10 Approval
The following is a schedule of the maximum rates payable to private law firms for services performed for the SA Government with approval from the Crown Solicitor under Treasurer's Instruction 10. Rates are GST exclusive. A private firm cannot be engaged without prior approval from the Crown Solicitor under Treasurer's Instruction 10.
The following is a schedule of the maximum rates payable to private law firms for services performed for the SA Government with approval from the Crown Solicitor under Treasurer's Instruction 10. Rates are GST exclusive. A private firm cannot be engaged without prior approval from the Crown Solicitor under Treasurer's Instruction 10.
Treasurer's
Instruction 10 ensures that:
- SA Government receives the most cost effective legal advice available (CSO is usually substantially more cost effective than the private sector)
- Crucial whole-of-government and public law issues, in which CSO holds unique knowledge and expertise, are taken into account.
Generally, CSO is appropriately resourced in all areas in which SA Government requires legal services.
The Crown Solicitor does in special circumstances grant approval under Treasurer's Instruction 10 for the engagement of private lawyers. In some of those cases, CSO instructs and manages the private lawyers on behalf of SA Government and passes on the private lawyers' charges to the relevant SA Government entity for payment.
Current rates for private solicitor fees under TI10 approval are:
Rates
| 2010/11 | 2011/12 | |
| Law Clerks | $140/hour | $144/hour |
| Litigation of less than $1M | $274/hour | $282/hour |
| Litigation of more than $1M | $307/hour | $316/hour |
| Commercial less than $200,000 | $274/hour | $282/hour |
| Commercial more than $200,000 | $307/hour | $316/hour |
| Employment (inc workers compensation) | $274/hour | $282/hour |
| Senior Counsel | $2,879/day | $2965/day |
| Experienced Counsel | $1,943/day | $2000/day |
| Junior Counsel | $1,298/day | $1340/day |
For further information in relation to Terms of Engagement and Treasurer's Instruction 10, please use the following links:
Link to Terms of Engagement - (Attachment 3 - 88.2KB, PDF)
Link to Treasurer's Instruction 10 - (Attachment 4 - 1.28MB, PDF)
Link to CSO Legal Bulletin Number 2 - The duties of the Crown as a Model
Litigant (28KB, PDF)
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