Refresher

In common law jurisdictions, a refresher or refresher fee is a type of legal costs and can refer to one of two things:

(i) an additional fee paid to counsel if a court case lasts more than one day (ie a daily fee for subsequent days); or

(ii) a fee for getting up to speed following an adjournment or delay.

Treatment

Australia

Refresher fees are payable in Australia, although the treatment differs by state. In Western Australia, a refresher fee might be payable when a trial does not go proceed as scheduled or is adjourned, for the additional work to prepare, or get back up to speed, for the hearing date.^[1] In the Australian Capital Territory (the ACT), refresher fees of no more than 2/3rds the brief fee might be allowed if a hearing lasted more than 5 hours.^[2] In the Federal courts, refresher fees could be allowed if a hearing lasted more than 4.5 hours.^[3]

England and Wales

When taking a case to court, barristers typically charge a brief fee, which includes pre-trial preparation and others and the fee for the first day of court.^[4] Refresher fees are the fees charged for every subsequent day of trial and might also be referred to as "daily fees".^[5]

Refresher fees had become fairly established by the 1880s although the amount charged was often controversial.^[6] Refreshers were first provided for formally in the Rules of the Supreme Court in 1893.^[7] Ten years after their introduction, the court still lamented the fact that the rules hadn't define the term and the meaning of a refresher was still uncertain.^[7][8] At the time, a refresher could be allowed if a court case lasted longer than anticipated by the brief and could be paid if the matter was delayed more than 5 hours.^[7]

Hong Kong

Refreshers are payable in Hong Kong,^[9][10] where the brief fee is for the first court day and any preparation, whereas the refresher is for subsequent days and at a lower rate.^[9]

Trinidad and Tobago

In Trinidad and Tobago, a brief fee covers preparation and attendance for the first day of trial.^[11] Refreshers are additional.^[11]