How to Bill for Court Appearances and Litigation Work in Australia

Litigation billing is the most complex area of legal time recording. A single court day can involve travel, waiting time, the hearing itself, conferences with counsel, and post-hearing follow-up — each requiring separate billing entries with different descriptions and potentially different rates. Getting this right is essential for both revenue recovery and costs assessment survival.

Billing for the Court Appearance Itself

The court appearance is the centrepiece of litigation billing, but it raises immediate questions: do you bill for the entire time you are at court, or only the time your matter is being heard? What about waiting time when the matter is listed in a call-over and you wait two hours before your case is called?

The general principle is that you can bill for all time reasonably spent at court in connection with the matter. This includes time spent waiting for the matter to be called, provided you are required to be present. If you are sitting in a courtroom waiting for your matter to reach the top of the list, that is billable time — you cannot be elsewhere doing other work.

However, the billing description should distinguish between active hearing time and waiting time. A costs assessor is more likely to allow a full day's charge if the entries make clear what happened during each period, rather than a single entry reading "Attendance at court — 7 hours".

Sample Billing Entries for a Court Day

Hearing Preparation Billing

Hearing preparation is where significant billable time accumulates. This includes reviewing the court file and evidence, preparing submissions or outlines of argument, preparing questions for cross-examination, preparing chronologies or reading guides for the court, briefing counsel and providing documents, and preparing witness statements and affidavits.

Each of these should be a separate billing entry, not bundled into a single "preparation for hearing" entry. Separate entries make it clear to the client (and any costs assessor) exactly what preparation was required and how long each element took. A single entry reading "Preparation for hearing — 12 hours" invites scrutiny and reduction; twelve separate entries totalling 12 hours, each describing specific preparation tasks, are far more defensible.

Interlocutory Applications

Interlocutory applications (applications made during the course of proceedings, rather than at final hearing) require their own billing treatment. Common examples include applications for discovery, applications to amend pleadings, strike-out applications, applications for injunctive relief, and subpoena applications.

For each interlocutory application, you should separately record the time spent drafting the application or response, preparing any supporting affidavit, reviewing the opposing party's material, preparing submissions, attending the hearing, and attending to any orders or directions made.

Travel Time

Travel to and from court is generally billable, though some firms charge at a reduced rate (for example, 50 percent of the standard hourly rate) for travel time. Your cost agreement should specify how travel time is charged.

When billing for travel, record it as a separate entry from the court attendance itself. If you use travel time productively — reviewing documents on the train or making phone calls in the car — you can bill for that time at your full rate as the substantive work it represents, rather than as travel.

Mediation and Alternative Dispute Resolution

Mediations generate substantial billing entries because they typically involve a full day (or multiple days) of work. The billing should be structured similarly to a court day: preparation, attendance at the mediation, and post-mediation follow-up.

For mediations, the preparation phase often includes drafting or reviewing a mediation statement, preparing a chronology, preparing the client for the mediation process, and reviewing the opposing party's mediation statement. The mediation itself should be billed in segments — opening session, private sessions, negotiation rounds — rather than as a single block entry.

Costs Assessment Considerations for Litigation

Litigation billing is the area most likely to face costs assessment. If your matter proceeds to assessment, the assessor will scrutinise every entry against the standard of "fair and reasonable". Common reductions in litigation billing include excessive time claimed for routine procedural tasks, duplicated work between solicitor and counsel, vague descriptions that do not specify what was done, and preparation time that appears disproportionate to the complexity of the hearing.

The best protection against assessment reductions is detailed, specific billing descriptions that communicate the nature and purpose of each piece of work. Every entry should answer: what did you do, why was it necessary, and how long did it reasonably take?

Frequently Asked Questions

Can I bill for waiting time at court?

Yes, provided you are required to be present. Waiting time when your matter is in a call-over list or when the court is running behind schedule is billable. Record it as a separate entry from the hearing itself, and describe the circumstances so the client understands why the time was spent.

Should I bill travel to court at my full rate?

This depends on your cost agreement. Some firms bill travel at full rate, others at a reduced rate (commonly 50 percent). Whatever rate you use, specify it in the cost agreement and bill travel as a separate entry. If you do substantive work during travel (reviewing documents, making calls), bill that time at your full rate as the work itself.

How do I bill for a multi-day hearing?

Bill each day separately with its own set of entries: preparation (if applicable), attendance at hearing, any conferences with counsel or client, and follow-up work. Describe the specific evidence or submissions dealt with each day rather than using generic descriptions across all hearing days.

Last updated: April 2026. This guide is for general informational purposes and does not constitute legal advice.