The Victorian Bar has condemned the state government’s move to limit fees for barristers handling government-related cases. President Fiona Ryan SC argues the new cap will hit female barristers hardest and may weaken legal outcomes for Victoria.

Government work is concentrated among women barristers, particularly junior counsel, who are already paid below private-sector rates. The cap will push those rates lower, affecting barristers who rely heavily on government briefs.

The decision conflicts with the government’s equitable briefing policies, which aim to support women’s advancement at the bar. In January 2023, the Victorian government announced a new Legal Services Panel requiring law firms to increase briefs and counsel fees allocated to women barristers.

The policy established a target of at least 50 percent of briefs going to women barristers. Women make up 35 percent of the Victorian Bar’s membership, and state government entities brief junior women barristers 43 percent of the time.

Additionally, Government entities also briefed senior women barristers 36 percent of the time, although women account for only 25 percent of silks at the Victorian Bar, further highlighting the importance of government work for women barristers. This briefing pattern demonstrates the government’s existing efforts to promote equal opportunity, which the fee cap may undermine.

Ryan expressed disappointment that the government had not consulted the Victorian Bar before announcing the fee cap. She warned that many experienced barristers would likely decline government briefs, affecting cases conducted on behalf of the state and ultimately the Victorian community.

Ryan also argued that the estimated savings are questionable, as experienced counsel can narrow issues, shorten hearings, and resolve cases early. A single adverse result in significant litigation could cost the state more than the cap would save, she said.