Barristers engaged by the Australian federal government are set for a significant pay increase, the first in over a decade, in a bid to align rates closer to market standards and reform briefing practices.
Substantial Increase in Daily Fee Thresholds
The Attorney-General, Michelle Rowland, has approved a rise of approximately 43 per cent in the daily fee thresholds for barristers working for Commonwealth agencies. The changes, which come into effect on 2 March, will see the daily rate for senior barristers increase from $3,500 to $5,000. For junior barristers, the rate will rise from $2,300 to $3,300 per day.
This adjustment marks the first increase since 2011. Despite the substantial jump, industry representatives argue the revised rates remain 'dramatically below' current market levels. Agencies are prohibited from paying above these new thresholds without obtaining specific approval from the Attorney-General.
Addressing Systemic Issues and Unpaid Work
The President of the New South Wales Bar Association, Dominic Toomey SC, highlighted that the historically low rates have had a disproportionate impact, particularly on women barristers. He also criticised the existing payment structure, stating it has effectively compelled barristers to carry out unpaid legal work.
The pay rise is a central component of a broader suite of measures designed to instigate cultural change within the legal profession's briefing practices. Ms Rowland has issued a directive mandating that government agencies ensure up to 40 per cent of their briefs are awarded to women barristers, a substantial increase from the previous target of 25 per cent.
Driving Diversity and Transparency in Legal Services
As part of the new framework, government agencies will be encouraged to publicly report on their progress in meeting these diversity targets each year. The directive also pushes legal services to actively consider a wider pool of talent when selecting barristers.
This includes prioritising briefs for First Nations people, individuals with a disability, and members of the LGBTIQA+ community. Ms Rowland stated that these combined actions are intended to support the legal profession in better reflecting the diverse community it serves.
The Albanese government's intervention signals a concerted effort to modernise federal legal procurement, tackle long-standing pay disparities, and promote greater equity within the Australian bar.
