Refresher


In common law jurisdictions, a refresher or refresher fee is a type of legal costs and can refer to one of two things:
an additional fee paid to counsel if a court case lasts more than one day ; or
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. In the Australian Capital Territory, refresher fees of no more than 2/3rds the brief fee might be allowed if a hearing lasted more than 5 hours. In the Federal courts, refresher fees could be allowed if a hearing lasted more than 4.5 hours.

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. Refresher fees are the fees charged for every subsequent day of trial and might also be referred to as "daily fees".
Refresher fees had become fairly established by the 1880s although the amount charged was often controversial. Refreshers were first provided for formally in the Rules of the Supreme Court in 1893. 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. 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.

Hong Kong

Refreshers are payable in Hong Kong, 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.

Trinidad and Tobago

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