They aren’t negotiated, they are prescribed in advance.
Not quite true. The Legal Aid Grant amounts in the Ivan Milat matter in NSW were the subject of much debate and negotiation. Milat actually found himself unrepresented at one point because Martin QC and the Legal Aid Commission couldn't agree on the fee to be paid. It was negotiated and an appropriate fee was agreed on.
http://www.legalaid.wa.gov.au/Infor...Pages/CostRules.aspx#payment_for_exceptional_
work
4.
Application of Schedule 1 - assigned practitioners
Where the fees set out in Schedule 1 designate a range between a minimum and maximum fee, the fee payable to an assigned practitioner shall be an amount within the range as approved.
Where the fees set out in Schedule 1 do not designate a range between a minimum and maximum fee, the fee specified is the maximum fee and in determining the fee payable to an assigned practitioner, the Director, an authorized officer or the committee shall consider all relevant factors including -
aa. rule 9 of the Legal Aid Commission Rules 1990;
a. time spent in rendering the service;
b. the complexity of the service;
c. the seniority of the practitioner;
d. the jurisdiction in which the service is provided; and
e. the number of assisted persons represented by the practitioner at the same time.
[Rule 4 amended in Gazette 30 October 1992 p.5333.]