Dispute Resolution Instruction Bulletin

DR IB 2013/3

Briefing Counsel - Setting a Brief Fee

• This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

Purpose:

To provide details of the process for determining a Brief Fee for Counsel and reporting obligations

Stream:

All

1. The Legal Services Directions 2005 sets out, amongst other things, the maximum rates payable to counsel and the circumstances under which 'Out of Chambers' and 'Cancellation' fees may be paid. (See Appendix 'D' generally)

2. It is also important that the various agencies of the Commonwealth act consistently when engaging counsel and setting brief fee rates. To this end the Office of Legal Services Co-ordination (OLSC) maintains a database of Counsel who have been engaged by the Commonwealth and the rate which has been approved as a brief fee.

3. All ATO Dispute Resolution (DR) Officers are required to only brief counsel in accordance with the approved rate. When engaging counsel DR Officers are required to contact OLSC to ascertain the current approved rate for counsel, even if the proposed rate is below the maximum rate stated in the Directions. This inquiry is to be made on every occasion counsel is engaged to act on the Commissioner's behalf .

4. If Counsel does not have an approved rate you should escalate the matter to your manager with a view to having one established and approved by OLSC.

5. In accordance with Legal Services Direction Guidance Note No 8, the ATO is required to report the number of direct counsel briefs each year including a male/female split. To facilitate this reporting obligations, DR officers when processing an invoice for a direct counsel brief must include in the Invoice Name field the name of the counsel who was briefed and the word 'Advice' - e.g.

Yvonne Louise Campbell - ADVICE

6. OLSC can be contacted through the general switch number for the Attorney General's Department on (02 6241 6666).

7. This bulletin should be read in conjunction with Law Administrative Practice Statement PLSA 2009/9: Conduct of Tax Office litigation.

Approved by:

Assistant Commissioner, Dispute Resolution

Amendment History

Date of decision:  Immediate

Date of publication:  28 May 2013

Other References:
 Legal Services Directions 2005
Legal Services Direction Guidance Note No 8

Related Practice Statements:
PS LA 2009/9: Conduct of Tax Office litigation