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CLAW12

Criminal Legal Aid - fixed fee and complex cases

NZ $30.00
incl GST
Michele McCreadie Kiri O'Hagan
Michele McCreadie
Director
Legal Aid Services
Wellington
Kiri O'Hagan
Adviser
Legal Aid Services
Wellington

Authors: Michele McCreadie, Kiri O'Hagan
Published: 8 March, 2012
Pages: 76

View contents page

Introduction

From 5 March 2012 all new criminal legal aid cases, except those being managed under the complex and high cost frameworks, will come under the fixed fee regime.

You need to know how these changes will affect you and in particular how to claim payment for a fixed fee case so that it can be processed in a timely fashion thus avoiding delay and frustration.

The webinar will be a practical guide to fixed fee and complex cases. The focus will be to introduce the new invoice forms and provide detailed guidance on how to complete them correctly. The presenters will talk you through the requirements for invoicing under the different fixed fee schedules, in particular:

  • three month invoicing requirements for fixed fee and complex cases

  • disbursements – what is included in the fixed fee and what can be claimed separately

  • which fees are payable when a grant of aid covers multiple charges, and

  • which fees are payable when a case is reassigned to a new lawyer.

The presenters will then explain the criteria for a complex case, including how to use the new amendment form and the requirements for estimates regarding certain activities.

You can find further information regarding criminal fixed fees and other legal aid policies on the Ministry of Justice website: www.justice.govt.nz. In particular, it is recommended that you read the following documents:

  • Criminal fixed fees consultation summary response – for further information regarding the Ministry’s final decisions about the fixed free framework (http://www.justice.govt.nz/publications/global-publications/l/legal-aid-criminal-fixed-fees-consultation-summary-of-submissions).

  • Provider grants manual – for further information regarding existing legal aid policies (http://www.justice.govt.nz/services/information-for-legal-professionals/information-for-legal-aid-providers/legal-aid-provider-manuals/grants-manual).

The webinar will conclude with an opportunity for you to ask any questions regarding the operation of the new framework.

If you have any further questions regarding criminal fixed fee and complex cases prior to or following the webinar, please email criminallegalaid@justice.govt.nz.

Content outline

  • The fixed fee schedules
  • Interface with existing policy
  • Invoicing
  • Amendment to grant (complex cases)
  • Forms
  • Transitional arrangements

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