Daily Update

26 March

 
Local Court
The Chief Magistrate of the Local Court, the Hon Graeme Henson AM, has issued the following addendum to operational arrangements during COVID-19 pandemic (no 6).
Read here.
Administrative Appeals Tribunal closed
The Administrative Appeals Tribunal is closed to all visitors from Thursday 26 March 2020 until further notice. Services remain available to tribunal users and you are encouraged to monitor the AAT website for further updates.
Federal Court

The Federal Court is conducting hearings using Microsoft Teams technology and has released a practitioners' guide for the use of this technology.

District Court procedures

There is an updated Notice of Procedural Changes in the District Court issued by the Chief Judge, as well as an Arraignment List with time frames and Guidelines for the Friday Arraignment List at the Downing Centre.

Family Court and Federal Circuit Court

The FCA and FCC are aware the pandemic is having an enormous impact on families and the community. Parents are concerned about the safety of their children and how the virus will affect their lives. 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 expected of them by the courts in these times. This statement clarifies that the courts remain open to assist parties and provide parents with general guidance. However, every family’s circumstances are different. Read more here.

Supervision of legal practitioners subject to supervised legal practice (condition 2)

The requirement to complete supervised legal practice is a statutory condition imposed under s 49 the Legal Profession Uniform Law (NSW). However, due to unprecedented office closures and remote working arrangements, and to ensure there is ongoing and adequate supervision of legal practitioners, the Law Society’s Licensing Committee has provided the following information and guidelines for remote supervision.

Legal Aid NSW

All Legal Aid office doors remain closed to the public as of 24 March 2020. They are still answering phone calls and emails. At this stage the doors will remain closed for two months unless the situation changes. They will be continually reassessing the situation and staff will only appear in person where it's absolutely essential to the personal liberty or safety of clients.

Courtesy amid the pandemic – what are the rules?

The pandemic is forcing solicitors to adapt to new ways of working, but some things remain the same, whatever the circumstances. Courtesy, for instance. We must be courteous, for example, when there is a delayed response from another solicitor having internet problems. It might be that we have to conduct a hearing via AV link. We must treat it the same way as we would a “normal” hearing in court (Rule 18). All participants must be assured that justice is being properly delivered, despite the circumstances. Some hints: Greetings and language to be formal and professional; Connections to be with solicitors not reception staff; Use mute to avoid background noise; Appropriate visuals to reinforce professionalism; For court affidavits, you or your staff need to be aware if a call is incoming. The conduct rules stay the same, whatever the circumstances.

Expansion of coronavirus testing criteria

National Cabinet has overnight agreed on: expansion of coronavirus testing criteria; temporary suspension of all semi-urgent elective surgery (extended deadline for private hospitals); and nationally consistent public directions on self-isolation for individuals. Read more here.

National COVID-19 Coordination Commission

The Prime Minister has announced the creation of a National COVID-19 Coordination Commission (NCCC) to coordinate advice to the Australian Government on actions to anticipate and mitigate the economic and social effects of the global coronavirus pandemic. Read more here.

Leases and the COVID-19 emergency measures

Before passing, Schedule 2 of the Legislation Amendment (Emergency Measures) Bill 2020 was amended to include additional regulatory powers in relation to the Residential Tenancies Act 2010 (Item 2.17) and the Retail Leases Act 1994 (Item 2.18). Note also the broad definition of relevant Act in in Item 2.18, clause 87(5)(c), to include any other Act relating to the leasing of premises or land for commercial purposes.

LSJ printing as usual

Law Society members and LSJ subscribers are assured that LSJ will arrive in print as per usual at registered mailing addresses. Ensure your mail is redirected if working remotely or log on to lsj.com.au to access online.

Virtual Sydney Law Careers Fair – 3 April 2020

With current government regulations relating to COVID-19 now in place, the Sydney Law Careers Fair run by the Law Society of NSW will run as a virtual careers fair this year. This event is free to all exhibitors and students. The Law Society is now inviting all students from across the state through social media platforms, law faculties and careers teams. Date: 3 April 2020, 11am – 2pm