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Commonwealth’s low rates partly to blame for inequality at the Bar
Following reports that women barristers receive much less in fees compared to male counterparts, one Bar Council has pointed the finger at the “low rates” paid by Commonwealth agencies.
Naomi Neilson
Women barristers received just 22 per cent of the $1.8 billion in fees for briefs in the 2023–24 financial year, according to the Law Council of Australia’s (LCA) eighth annual Equitable Briefing Policy.
This was despite women barristers receiving 31 per cent of the 35,041 briefs, which marked the third consecutive year the policy’s 30 per cent target for briefing women barristers has been met.
Dr Ruth Higgins SC, president of the NSW Bar Association, supported the LCA’s report as an “important initiative for advancing cultural and attitudinal change within the legal profession”.
Noting the fee discrepancies, Higgins said the association would encourage briefing entities to take steps to increase the number of women it briefs and the proportion of fees paid to them.
Higgins revealed the Bar Association received “considerable feedback” from its members that low rates paid by Commonwealth agencies disproportionately affect women at the Bar.
“These rates are well below market rates and lower than the rates paid by, for example, NSW and Queensland government agencies,” she said.
According to the Commonwealth Director of Public Prosecutions’ (CDPP) counsel fee range guide, effective from July 2024, junior counsel with less than two years of experience receive a daily fee range of $1,100. This increases by $300 after two years.
For junior counsel with more than four years of experience, the fee moves to between $1,600 and $1,900, and those with more than eight years of experience receive between $2,000 and $3,000.
Senior counsel will receive a daily fee range of between $3,500 and $5,000, depending on their level of experience.
Comparatively, according to the Communities and Justice Department, the NSW government provides a daily maximum of $2,365 to junior counsel and $5,217 to senior counsel, plus GST.
“Although the Law Council notes some limitations in the data, we remain concerned that unacceptable Commonwealth rates may compound pay inequality for women at the Bar,” Higgins said.
A review of the Equitable Briefing Policy is underway to ensure it is appropriate and adapted to fit its purpose, the LCA said.
In response to the LCA’s report, Victorian Bar president Justin Hannebery said they were “encouraged by the results” in its own State of the Bar Survey, which largely mirrored the LCA’s results.
This survey revealed a “welcome reduction” in the gender pay gap, a notable increase in the representation of women at the Bar, and a marked decline in incidents of discrimination and harassment.
According to the Victorian Bar’s most recent annual report, the positives were credited to robust policies, “or the work we have done to encourage all our members to proactively ensure the Bar is a community in which we can all thrive”.
Hannebery added that while the trends are positive, “it is important to note that there is still work to do to ensure the value of briefs meets the proportion of briefs going to women”.
“The Bar will continue to strive for gender equality so that all barristers can access and enjoy the same rewards, resources and opportunities regardless of gender,” Hannebery said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
