In Brief Issue #1039

The Governor-General in Council has appointed the following members as judges of the Federal Circuit and Family Court of Australia.

The Honourable Justice Andrew Strum – (Division 1) Melbourne registry

Her Honour Judge Anna Parker – (Division 2) Adelaide registry

The appointments were effective from Friday, 26 November 2021.

Yesterday, Victorian Bar members will have received an email regarding providing feedback on the Bar’s IT systems and website.

The Bar Council has decided to undertake a necessary redevelopment of the Bar’s IT systems and website. This is a substantial project affecting all aspects of the Bar’s operations including subscriptions, membership records, barrister profiles, news, CPD and Bar associations. This is separate from services provided by BCL. An IT Steering Group, chaired by Michael Shand AM QC, has been established to oversee the project.

We encourage all members to click the link in the email to provide us feedback.

The Victorian Bar has been invited to nominate a member of counsel for appointment to the Victoria Legal Aid Collaborative Planning Committee established in 2019 to provide evidence-based advice and recommendations to VLA’s Board in relation to:

• legal and related needs of the community;
• the provision of legal aid; and
• VLA’s strategic planning and legal assistance functions under section 6(1)(ab) and (ac) of the Act.

Membership of this Committee includes representatives of VLA, the Law Institute of Victoria, Victorian Bar, Victorian Law Foundation, Department of Justice and Community Safety, the Federation of Community Legal Centres, the Victorian Aboriginal Legal Service and Djirra. Members are usually CEOs of the organisations or alternatively a senior member representative.

Appointments are generally for a three-year period and there are four meetings per year.

The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.

To assist the Bar Council in selecting the best candidate for the position, your expression of interest should identify any relevant areas of experience or expertise.

Please submit your expression of interest to Denise Bennett at denise.bennett@vicbar.com.au.

The closing date for expressions of interest is 5:00pm, Thursday 9 December 2021.

As we have throughout the pandemic, Barristers’ Chambers Limited and The Victorian Bar remain focused on safeguarding the health, safety and wellbeing of the Bar, our people, our contractors and the community.

All buildings and a large proportion of individual floors remain on restricted access as we have done throughout lockdowns.  As we come out of restrictions and are living with the virus it is important to continue to reiterate the importance of us all (barristers, clerks, all occupants, BCL employees, contractors and public visitors) having responsibility in doing their part.

One small part of this is to ensure we are minimising the spread of COVID-19 as we increasingly return to chambers. Whilst most buildings and floors are already restricted and group representatives have been informed, effective Monday 11 October swipe cards are again required until further notice. This includes all BCL buildings (including Owen Dixon Chambers East and West), lift lobbies, and individual floors (if this arrangement is not already in place). 

Please refer to Staying COVIDSafe at BCL for all information, communications, helpful links to COVID safe plans and restrictions as they happen, and what we all need to do.

Victorian Bar members are encouraged to use the Member Benefits online portal, where you can access a wide variety of discounts, special offers, and member-only deals as part of your Bar membership.

The exclusive benefits are available Australia-wide and are not generally open to the public.

To activate your account and access the benefits, please click here. You must log in using your vicbar.com.au login details.

Click here for the monthly best buys!

The Supreme Court of Victoria issued a Notice to the Profession outlining changes to in person hearings.

It is no longer necessary to make applications for in person hearings in any matter before the Court. The Court will operate on a series of default positions and exceptions set out in the Notice.

Additionally, the Court has published an update on operational changes in line with the easing of COVID-19 restrictions. Criminal jury trials have resumed as a priority, courtroom arrangements have returned to normal and the number of trials able to be run concurrently has increased.

For up-to-date information about the Courts’ responses, please visit their websites:

• Federal Court of Australia – see here.
• Federal Circuit and Family Court of Australia – see here.
• Supreme Court of Victoria – see here.
• County Court of Victoria – see here.
• Magistrates’ Court of Victoria – see here.

County Court of Victoria Criminal Division

Following a determination by the Juries Commissioner to exempt unvaccinated jurors (without a medical exemption) under new provisions of the Juries Act 2000, the County Court will recommence criminal jury trials from Friday 26 November 2021 in Melbourne and some circuit locations.

Please find below the following documents for your information:

Health and safety protocols

• Jury trial vaccination protocol
• Remote hearing and vaccination protocol
• Personal protective equipment (PPE), movement and testing protocol

These protocols outline arrangements for the orderly and safe conduct of matters heard at the Court over the ‘opening up’ phases of the State Government’s Roadmap, taking into account the vaccination status of legal practitioners and other court users.

Jury trial guides

• Melbourne criminal jury trials where no physical distancing required – guide for the profession and court users – v 5
  • In-court empanelment process
• Circuit criminal jury trials where no physical distancing required – guide for the profession and court users – v 2
  • This Guide applies to Geelong, Latrobe Valley, Ballarat, Warrnambool, Wodonga, Mildura and Shepparton only
  • Semi-remote empanelment process.

The protocols and guides are available on the Court’s website.

Subject to any additional PPE requirements consistent with the vaccination protocols, the Court remains at mask setting 2 for both jury trials, and non-jury matters, requiring masks to be worn by non-speaking participants.

Please click here to download the High Court of Australia Robing Protocol November 2021.

Update to the profession: court forms

Grace period for forms ended

The three month grace period provided for filing old Family Court of Australia and Federal Circuit Court of Australia forms, after the commencement of the Federal Circuit and Family Court of Australia (FCFCOA) on 1 September 2021, has ended.

From Monday 29 November 2021 only the new, approved FCFCOA versions of court forms can be filed.

All FCFCOA forms are available from the website - www.fcfcoa.gov.au:

• Family law forms
• General federal law forms
• Migration forms

Work has continued to improve the new forms since they were first published, including minor amendments and corrections.

We always recommend accessing forms directly from the website, to ensure you are using the most up-to-date version.

Documents to be filed to initiate family law proceedings

The FCFCOA is currently considering the number of documents to be filed when initiating family law proceedings, balancing the need for judicial officers to have relevant details about the issues in dispute, including risk and safety concerns, with the overarching purpose of conducting family law proceedings as quickly, inexpensively and efficiently as possible.

The Court will provide further updates in this regard in due course.

Please note you are required to comply with pre-action procedures before you initiate Court proceedings. For more information about the Court’s expectations, pre-action procedures and dispute resolution, see the Court’s website.

This update is also available from the Court’s website:

Update to the profession: court forms | Federal Circuit and Family Court of Australia (fcfcoa.gov.au)

Lighthouse Project Monthly Update - November 2021

Please click here for the November 2021 edition of the Lighthouse Project newsletter.

This edition centres on the Lighthouse Project Evatt List and includes a Q & A with Evatt List Senior Judicial Registrars and Judicial Registrars. This will be the final newsletter for 2021 and contains information regarding Lighthouse Project operations over the Christmas/New Year period.

The Lighthouse Project Update newsletter will be recommencing in February 2022 and the Project looks forward to communicating all important updates, changes and developments in 2022.

If you have any feedback or questions on the project they can be sent via email to – LighthouseProject@fcfcoa.gov.au

The Magistrates' Court of Victoria have published a new Practice Direction regarding COVID Recovery.

This Practice Direction, No. 5 of 2021 - COVID Recovery, applies from 6 December 2021.

It revokes Practice Direction ‘X’ and Practice Direction 1 of 2021, effective 6 December 2021.

Click here for more information and to read the Practice Direction.

The National Brief #6

Please click here for the latest ABA National Brief.

ABA announces New Executive Team

The Australian Bar Association has announced the election of its executive team for 2021–22. Please click here to read the media release.

We are very pleased to announce the release of our report: Smarter Data: The use and utility of administrative data in Victorian Courts and Tribunals.

This is the second in our Data Mapping Project, which maps and analyses the administrative data in three areas: legal assistance, courts and tribunals, and dispute resolution bodies.

The aim is to examine the use and utility of administrative data in the civil justice system, a foundational step in understanding its availability, suitability and utility in answering access to justice questions.

Our findings in this report show that administrative data in Victorian courts and tribunals are used for many important operational purposes, however, less is known about the people involved in civil matters and their experience.

Routine collection of additional data would make it easier to see the people who use courts and tribunals, making the data smarter and offering operational and access to justice insights.

The report is available for download here.

Tuesday, 7 December 2021, 6:00pm (ADST) 7:00am (GMT)

In what manner does the law restrict investigative journalism and how do the Courts protect public interest stories? This event compares the position in the United Kingdom and Australia. Four experts will discuss these issues and then participate in a Q&A.  Mr Desmond Browne CBE QC, former Chairman of the Bar of England and Wales, Joint Head of 5 RB Chambers, will be the Chair.

Further information can be found on the flyer.

Please register for this event here.