Australia: Lawyers Weekly Updates, NSW Bar Association president waives membership fees, cancels examinations, Compliance with parenting orders may become ‘very difficult, if not impossible’, The Supreme Court of Queensland releases new protocols

Lawyers Weekly reports

The justice system is reacting quickly to the coronavirus pandemic to ensure the outbreak has little effect on the legal profession and their clients, including new processes to courts and innovative working practices. To avoid confusion, Lawyers Weekly has compiled the updates, information and commentary in one place – as they happen.

NSW Bar Association president waives membership fees, cancels examinations

The Bar Association of NSW president Tim Game SC has passed a number of measures aimed at assisting practitioners during the COVID-19 pandemic.

This includes waiving 2020-21 practicing certificate and membership fees for barristers of two years’ seniority or less. Barristers of between two to five years’ seniority will be able to apply for a waiver of practicing certificate and membership fees.

The Bar has also cancelled the May 2020 Bar Practice Course and the June 2020 Bar Examinations. It will consider, on a case by case basis, issuing candidates who have passed Bar Exams and intends to take part in the

May 2020 Bar Practice Course with a practicing certificate subject to appropriate limitations.

“Steps will now be taken to deliver an additional Bar Practice Course, in either August 2020 or, alternatively, October 2020, with the format to be determined,” Mr Game said.

4.20pm Thursday, 26 March

Compliance with parenting orders may become ‘very difficult, if not impossible’

Lawyers Weekly journalist Jerome Doraisamy expanded on the statement from the Chief Justice of the Family Court of Australia on the looming difficulties facing families.

You can read that complete update here.

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2.32pm Thursday, 26 March

The Supreme Court of Queensland releases new protocols

In light of the pandemic, the Supreme Court of Queensland has issued new protocol processes to ensure that hearings of matters listed in the applications jurisdiction take place “in a manner protective of the health and safety of all participants”.

Parties or practitioners appearing in applications should only be attending, in person, at court if the matter is urgent, and cannot practicably be dealt with by telephone or video.

“Any party or practitioner who does attend court in person is expected to follow the “social distancing” and other guidelines issued by the government, and keep up to date with those guidelines as they evolve,” it said.

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2.00pm Thursday, 26 March

LIV president reassures legal community that he is ‘advocating on your behalf’

Speaking through a video link, Law Institute of Victoria president Sam Pandya said he understands it is a “tricky time” for many practitioners.

“The courts, their processes are changing constantly. They’re looking after health and wellbeing, but it does affect their practices and our clients as well. We understand that we have to advocate on your behalf, and that’s exactly what we’re doing,” he said.

Please see my #Covid19 : https://t.co/4WibeEb9Kp in which I touch on the LIV’s advocacy efforts with the courts, the LIV’s COVID-19 information hub : https://t.co/sWHdA9Y5Px and how the LIV plans to stay (virtually) connected with each other. #auslaw pic.twitter.com/wmCFuET1Z7

— LIVPresident (@LIVPresident) March 26, 2020

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12.37 Thursday, 26 March

Honourable Will Alstergren assures parents and carers amid coronavirus court changes

The Honourable Will Alstergren has provided a statement on parenting orders amid virus panic. He said the community should be assured that the courts will continue to perform their duties during this time of crisis and while the courts’ operations may have changed, they will remain open to assist Australian families in this time.

“Parents are naturally deeply concerned about the safety of their children and how the COVID-19 virus will affect their lives,” said Justice Alstergren.

“Part of that concern in family law proceedings can extend to a parent’s or carer’s ability to comply with parenting orders and what should be properly expected of them by the courts in these unprecedented times.”

His instructions are:

1. It is imperative that parents and carers act in the best interests of the children, including safety and wellbeing
2. Parents and carers must still comply with court orders
3. There may be situations that arise that make strict compliance with courts orders difficult, if not impossible. If so, parents should communicate with each other.
4. If an agreement can be reached about new parenting arrangements, it should be in writing to each other
5. They can also mediate through their lawyers, if need be

“In the meantime, the community should be assured that the courts will continue to perform their duties during this time of crisis. Whilst changes to the courts’ operations have been implemented in accordance with the necessary restrictions placed on our community by the Commonwealth government, the courts remain open to assist Australian families in these challenging times,” Justice Alstergren added.

“Judges, registrars and staff are committed to providing access to justice when called upon to do so. This includes conducting hearings both via videoconferencing through the use of Microsoft Teams or other platforms, or by telephone. The courts are also conducting mediations electronically and through other safe means.”

More to come.

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12.05pm Thursday, 26 March

ACT Supreme Court no longer accepting bar admissions

Last Wednesday, Lawyers Weekly reported that admission ceremonies across Australia were being put on hold amid the coronavirus court changes.

In that time, we received a tip that the ACT Supreme Court was no longer accepting any admissions either, despite announcing that only the ceremonies were cancelled.

Lawyers Weekly reached out to the ACT Supreme Court and received this response:

“Due to the resourcing impacts of COVID 19, the court is currently prioritising matters where accused are in custody and other criminal matters,” it said.

“We are highly aware of the impact that this postponement has on newly qualified graduates seeking to be admitted as practitioners and is deeply regretful that this course of action has had to be taken.”

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12.00pm Thursday, 26 March

Magistrates’ Court of Victoria fast tracks homicide cases to Supreme Court

The Magistrates’ Court of Victoria will fast track all homicide cases directly to the Supreme Court to relieve the workload pressure amid the coronavirus court changes.

“In the current COVID-19 circumstances, and having regard to the volume of matters that are before the Magistrates’ Court, the Supreme Court has agreed to assist by taking parts of that workload, where the parties wish to do so,” the Supreme Court announced.

This follows Magistrates’ Court’s four direction notes on COVID-19 civil jurisdiction, family violence protection, criminal proceedings and Victims of Crime Assistance Tribunal.

More to come.

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11.45am Thursday, 26 March

A week of coronavirus updates: In case you missed it

Take a look back at the coronavirus updates you might have missed:

For the courts:

25 March: Direction notes outline changes to Victoria’s Magistrates’ Court

24 March: Emergency laws proposed in NSW to help combat COVID-19

19 March: Family, Federal Circuit Courts prioritise ‘urgent and critical’ cases

18 March: Prime Minister announces human biosecurity emergency

For lawyers:

25 March: Frequently asked legal employment questions relating to COVID-19