Search Orders – Independent Solicitors Expressions of Interest
Under harmonised Rules and Practice Notes, State Courts of Appeal, Supreme Courts, the Federal Court and Federal Circuit Court have the power to make urgent, ex-parte orders for search and removal of material for the purpose of securing or preserving evidence. These are known as Search Orders (formerly known as Anton Piller Orders).
The harmonised Search Order Practice Note states that the NSW Law Society has been requested to maintain a list of solicitors “who have indicated willingness to be appointed as an independent solicitor for the purpose of executing search orders, but it is not only persons on such a list who may be appointed” (Supreme Court of NSW, Practice Note SC Gen 13, ; Federal Court of Australia, Practice Note GPN-SRCH, [2.11]).
The Law Society is seeking expressions of interest from eligible solicitors willing to be appointed as an independent solicitor for the purpose of supervising the execution of a Search Order. Successful applicants will be required to attend a familiarisation course in early 2019.
Registrations close at 5pm on 14 December 2018.
For more information and registration see here.
Announcement: 31 October 2018
Online Court in the District Court
On 31 October 2018, the Online Court service commenced for use in matters in the District Court Judicial Registrar’s General List at Sydney. All legal practitioners appearing in matters in the Judicial Registrar’s General List at Sydney must be registered users of the online registry. For more information, see the District Court’s resources here.
Courts and Litigation
The Litigation Law and Practice Committee analyses the law, court procedures and practices, and the conduct of civil litigation in all jurisdictions.
The Committee provides the following resources for solicitors.
District Court General Division Civil List, Sydney: Online Court
The Online Court commences on 31 October 2018 for matters in the District Court General Division Civil List, Sydney.
Eligible cases will be required to use the Online Court unless exceptional reasons are demonstrated, or the Court otherwise directs.
Download District Court announcement
Download District Court brochure
General federal law cases can now be conducted in the Parramatta registry of the Federal Circuit Court of Australia
The Federal Circuit Court of Australia has announced that it will commence a General Federal Law list in the Parramatta registry from 1 January 2019.
All of these matters will be docketed to Judge Obradovic who will conduct between 8-10 weeks of sittings to hear general federal law cases in Parramatta.
There will be no changes to the existing practice of filing all general federal law matters in the Sydney registry (Queens Square).
Allocation of matters to Parramatta
A limited number of matters with an address for service of the applicant (whether represented or unrepresented) that is closer in geographical proximity to the Parramatta Registry than to the Sydney Registry will be allocated to the Parramatta list.
It is anticipated that matters such as migration, industrial and human rights cases will form part of this list.
For further enquiries, please send your email to: firstname.lastname@example.org
Working with Barristers
Working with Barristers is a publication for solicitors that provides information about the relevant law and established practices governing the relationship between barristers and solicitors in NSW. The Law Society is pleased to publish the third edition of this guide.
Download the revised version of Working with Barristers
Case management options in Federal Court matters
Practitioners with matters in the Federal Court are required to consider how they can best work with the court and other parties to facilitate the just resolution of disputes according to law as quickly, inexpensively and effectively as possible. The Law Society has provided guidance for practitioners on options for achieving this.
Download the information on case management options in Federal Court matters
Information Barrier Guidelines
The Guidelines aim to assist law firms to guard against the risk of a breach of the duty of confidentiality owed to former clients. The document was updated by the Committee in 2015.
Download the Information Barrier Guidelines
Communicating with the Federal Circuit Court
The Federal Circuit Court resource for practitioners about communicating with judges' chambers is available here.
Local Court - Case management
The Local Court Practice Note that applies to the case management of civil proceedings is available here.
Providing for the costs of mediation when no agreement is reached and litigation continues
When parties go to mediation they do not always specify with precision what is to happen with the costs of the mediation if it is unsuccessful and the litigation proceeds. This informative paper outlines the outcome of two recent cases in this area.
Download the paper
Court Attire Policy: Supreme Court
The Chief Justice published a Court Attire Policy for barristers on 20 September 2007.
Information about transcript order forms and fees is available here.