Daily Update

3 April

 
District Court practice notes

District Court Practice Criminal Practice Notes 18 and 19 commence on Monday 6 April 2020 and are available on the court website as is the revised District Court Practice Civil Practice Note 1 (also commencing 6 April). Read more here.

Changes to Children’s Court operations

The President of the Children’s Court has now issued Public Notice no. 3 specifically dealing with the management of care proceedings during the COVID-19 pandemic with a view to limiting the need for legal practitioners to appear in care proceedings. More information can now be found in one location on the court’s website.   

Family Court of Australia and Federal Circuit Court of Australia

As with all areas of the Court, Child Dispute Services (CDS) are endeavouring to find ways of conducting its work that ensures that assessments retain their value for litigants and the Court, while also minimising the risks to families and staff in the context of COVID-19.  Interviews with adults are now being conducted by telephone or video.  For assessments that have a child inclusive element, Family Consultants will consider whether this can also be done remotely.  Where a remote interview is not possible or appropriate, and the assessment of children is considered to be critical and urgent, an in-person child interview and observation will still be conducted if the family is in a position to attend the registry.  When this occurs the CDS In-person Interview Protocol will be followed.

Regulations: release of inmates

Under s 276 of the Crimes (Administration of Sentences) Act 1999 the Commissioner of Corrective Services may release an inmate on parole if the inmate belongs to a class specified in the Crimes (Administration Of Sentences) Amendment (Covid-19) Regulation 2020 (NSW) and if the Commissioner is satisfied it is reasonably necessary because of the risk to public health or to the good order and security of correctional premises arising from the COVID-19 pandemic. Read more here.

Regulations: evidence of accused persons

The object of the Evidence (Audio and Audio Visual Links) Amendment (Emergency Measures-COVID-19) Regulation 2020 is to prescribe proceedings on indictment as proceedings to which a special provision enacted in response to the COVID-19 pandemic, that enables a court to direct that accused persons may appear in physical appearance proceedings by way of audio visual link, does not apply. Read more here.

Regulations: transfer of young offenders

The object of the Children (Interstate Transfer of Offenders) Regulation 2020 (NSW) is to repeal and remake, with minor amendments, the Children (Interstate Transfer of Offenders) Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989. Read more here.

Workers Compensation Commission

The Hon Judge Gerard Phillips, President, Workers Compensation Commission, has issued the following bulletin in relation to COVID-19 arrangements. Read here.

SIRA Dispute Resolution Service

The State Insurance Regulatory Authority’s DRS has been consulting with stakeholders regarding how to resolve medical disputes, including proceeding with medical examinations under changed conditions. The DRS will continue to adapt arrangements to align with NSW Government policy, public health advice, and legal requirements. Read more here.

NSW Fair Trading FAQs

NSW Fair Trading has a new section on its website: COVID-19 (Coronavirus) FAQs. It deals with a number of issues including auctions, strata meetings, residential tenancy issues and event cancellation refunds.

E-Conveyancing FAQs

The Law Society’s Property Law Committee has prepared some FAQs regarding conveyancing services in the context of the current COVID 19 restrictions. The Office of the Registrar General has established a dedicated COVID-19: Guide for eConveyancing webpage. For questions about verification of identity and execution of the client authorisation look at the Australian Registrars' National Electronic Conveyancing Council guidance for eConveyancing. NSW Land Registry Services also has helpful information on their website.

Law Society membership fees reduced for 2020-21

The Law Society has reduced 2020-21 membership fees to $10 + GST for all practitioners in order to alleviate financial stress during this time. The date for renewal of practising certificates and membership has moved to 7 April 2020. Please be aware that the membership fee is separate to fees associated with your entitlement to practise, such as your practising certificate (PC) fee. Some media articles on this issue referred to a drop in PC fees – they should have referred to a drop in membership fees.

Work of the National Redress Scheme

The Joint Select Committee on Implementation of the National Redress Scheme will continue with its scheduled public hearings scheduled for Monday 6 April and Wednesday 15 April via teleconference. The programs for these public hearings will be available on the Committee's website prior to each hearing. Read more here.

COVID-19 childcare package

Around one million families will receive free child care during the coronavirus pandemic under a new plan from the Federal Government, which will pay 50 per cent of the childcare sector’s fee revenue. The funding will apply from 6 April. Find details here.

Update from Federal Government

Prime Minister Scott Morrison today said Australia will be living with the coronavirus for at least six months, so social distancing measures to slow the spread of this virus must be sustainable for at least that long to protect Australian lives. Chief Medical Officer Dr Brendan Murphy said there are more than 5,315 confirmed cases in Australia and 27 people have died. Read more here.