In Brief Issue #1114

The Commonwealth Attorney-General, the Hon Mark Dreyfus KC MP, seeks expressions of interest from suitably qualified persons for appointment to the Federal Court and the FCFCOA. The Attorney-General advised that, whilst EOIs are sought across all Registries, the NSW and Victorian Registries of the Federal Court are particularly seeking appointees. Judges of the Federal Court and the FCFCOA are appointed by the Governor-General for a term that expires on the appointee attaining the age of 70.

Expressions of interest are sought from people with substantial legal experience and knowledge of the jurisdiction of the two jurisdictions, who have demonstrated a high level of integrity, sound judgement, interpersonal skills and communication skills, and the ability to conduct hearings.

Potential applicants are encouraged to consider the statutory requirements under s 6(2) of the Federal Court of Australia Act 1976 (Cth) and s 11 and s 111 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).

Further information relating to the remuneration and terms and conditions of judicial officers can be found in the Judicial and Related Offices – Remuneration and Allowances Determination on the Remuneration Tribunal website.

To be eligible for appointment, applicants must be willing to disclose all interest, pecuniary or otherwise, that may conflict with the performance of duties.

Those wishing to submit an expression of interest should complete the ‘Expression of Interest form’, which is accessible by clicking here. Candidates are required to provide their curriculum vitae details using the official format required by the Government.

Further information about the positions can be found here, whilst direct enquiries can be sent to JudicialAppointments@ag.gov.au. Kindly note that applications are due by 11:59pm (AEST) on Friday, 4 August 2023.

The Attorney-General’s Department is currently seeking nominations for suitably qualified candidates for appointment as Commissioners of the Australian Reform Commission to conduct the national inquiry into justice response to sexual violence. Two part-time Commissioners will be appointed to conduct the recently announced national inquiry into justice responses to sexual violence.

The advertisement and candidate information pack for the positions is accessible here.

Information about the position, including remuneration, eligibility and selection criteria, and details on how to apply is available on the Attorney-General’s Department website Careers page accessible here.

Applicants will be initially assessed by a panel on their written application and shortlisted applications will be further assessed by the panel at interview. Please note that applications should be emailed to Sexual.Violence.Responses@ag.gov.au by 11:59pm (AEST) on Sunday, 6 August 2023.

• Dropbox Enterprise is now available through the BCL Technology Subscription Portal. Click here to see our recent communication.

• Why Take Chambers with BCL?  As a wholly owned subsidiary of the Victorian Bar, BCL provides a flexible and unique solution of chamber and technology support only available to members of the Bar. Click here to view our current vacancies.

Hilton Melbourne Little Queen Street is offering Bar members an exclusive discount on accommodation, as well as on food and beverages.

This exclusive accommodation discount of 15%, also includes 15% discount on food and beverages, and is available by clicking the link here.

Enter the code VICBAR to get a 15% off when dining in.

T&C's apply. Discounts are not to be used in conjunction with any other offer. Percentage o­ff is valid for a maximum discount of $150 per bill. Blackout dates apply.

Offer is valid until 31 August 2023.

Dear Essoign Club Members,

We are open daily from 7:30am – till late

Breakfast - for dine-in or takeaway.

Lunch – Daily Café Menu take away or delivery.

Lunch Dine-In – A La Carte from midday.

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Email us at essoign@vicbar.com.au

Introducing eFiling for subpoenas for production only in family law 

The Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) are pleased to advise that in response to feedback from the profession, and as part of the Courts’ commitment to modernising court processes, we are introducing eFiling for family law 'Requests to issue a subpoena'. Initially, eFiling will only be available for subpoenas seeking the production of documents where there is an ongoing family law final orders application. 

From Monday, 31 July 2023, the new ‘Request to Issue a Subpoena’ option is available on family law final orders applications in the Commonwealth Courts Portal. 

As part of this change, a new ‘Subpoena (Family Law) Cover Sheet’ will be applied by the Court to each family law subpoena, once it has been issued. The cover sheet outlines the last date for service, the date for production and how/where to produce the documents requested under subpoena. A cover sheet will be applied to all family law subpoenas, including those that are not eFiled or cannot be eFiled (I.e. subpoenas requiring attendance and subpoenas requiring attendance and production).  

There are plans to introduce eFiling for all family law subpoena types in the future, however at this stage, eFiling will not be available for subpoena against applications other than final order applications (e.g. interim applications, contravention applications) or subpoena for attendance / attendance and production of documents. 

New subpoena forms 

Separate subpoena forms are being released for family law and general federal law/migration. The Notice of objection – Subpoena is also being updated and removed from the end of the subpoena forms. It will be available separately on the Courts’ website.  

From Saturday 29 July 2023, the following new subpoena forms are available here: 

• Subpoena – Family Law 
• Subpoena – General Federal Law and Migration  
• Notice of objection – Subpoena  

A grace period for the use of the old forms will extend until close of filing on Friday, 29 September 2023. 

Producing subpoenaed documents in family law

Subpoenaed material cannot be produced through the Commonwealth Courts Portal. Where possible, documents should be produced by sending an email to the court location set out on the ‘Subpoena (Family Law) Cover Sheet’. All family law registries now have a discrete generic subpoena email address e.g. [location].subpoena@fcfcoa.gov.au.  

Further information on issuing subpoenas in family law is available on the Courts’ website.

The County Court (Chapter I Service and Default Judgments Amendment) Rules 2023 have now been published: Service and Default Judgments Amendment Rules

As of 1 August 2023, r 21.02 is amended to provide that on a defendant’s failure to serve a defence within the time prescribed, the plaintiff may serve a Form 21A notice on the defendant (which informs the defendant that the plaintiff intends to enter or apply for default judgment against them). On the defendant’s failure to again serve a defence within seven days of this notice, the plaintiff is then entitled to enter or apply for default judgment. New Form 21A is contained in the Rules.

The Commercial Registry have reviewed and applied changes to processes to ensure compliance with the amendments.

The Registrar Enforcements will not entertain an application for default judgment defence or counterclaim unless the supporting affidavit proves;

(a) the defendant's failure to serve a defence within the time limited;

(b) the service on the defendant of the notice under paragraph (1); and

(c) the defendant's failure to serve a defence within seven days of service of that notice.

The Magistrates’ Court are providing an update arising from amendments contained in the Justice Legislation Amendment (Sex Offences and Other Matters) Act 2022, which come into force on 30 July 2023. The amendments implement several key recommendations from the Victorian Law Reform Commission’s 2021 report ‘Improving the Justice System Response to Sexual Offences.’

From 30 July 2023, it is mandatory to hold a ground rules hearing (GRH) under Part 8.2A of the Criminal Procedure Act 2009 for all complainants who give evidence in criminal proceedings for a sexual offence.

To support these amendments, the Court has published two Practice Directions, which take effect on 30 July 2023.

• Practice Direction No. 4 of 2023 (Ground Rules Hearings – Adult complainants); and
• Practice Direction No. 5 of 2023 (Ground Rules Hearings & Intermediaries – Witness under the age of 18 and adults who are cognitively impaired).

Practice Direction No. 5 of 2023 revokes Practice Directions No. 2 of 2015, No. 6 of 2018 and No. 23 of 2020.

The Judicial College of Victoria has updated its Victorian Sentencing Manual with two new and important chapters on Firearms offences and Terrorism offences.

The new chapters are a valuable resource for judicial officers, practitioners, and others involved in the sentencing process. They provide comprehensive and up-to-date guidance on the law and practice of sentencing for terrorism offences in Victoria and nationally, and for firearms offences in Victoria.

Find out more.

Institutional Liability: insights from the front lines.

The seminar will focus on this growing area of practice and provide practical guidance on communication and case management in both the Supreme Court and County Court of Victoria, and discussions will include practical tips of benefit for practitioners in the Common Law Divisions of both jurisdictions.

Justice Andrea Tsalamandris (Supreme Court) will chair this seminar, joined by Justice Stephen O’Meara (Supreme Court), Justice Katherine Bourke (County Court), Judicial Registrar Andrew Baker (Supreme Court) and Judicial Registrar Belinda Bales (County Court).

This hybrid event will be held online and in-person on Thursday, 24 August 2023 from 9:00-10:00am in the Banco Court (Court 1) of the Supreme Court, 210 William Street Melbourne.

Bookings close 5:00pm, Tuesday, 22 August 2023.

Registrations now open for Resolution Institute’s flagship mediation training with a 20% discount on membership.

Register here

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Our highly sought-after mediation training meets the requirements for the National Mediation Accreditation System in Australia and includes personalised coaching and feedback from highly skilled mediators. Upon completion of the course, you will receive 20% off your membership for your first year which will gain you exclusive access to a range of our membership benefits.

For more info & to register, please visit the link above. You can also write to us at learning@resolution.institute or call +61 2 9251 3366

The Melbourne Catholic Lawyers’ Association invites members of the Bar to its Annual Dinner on Thursday, 14 September.

Chris Uhlmann, who has had a 30-year career in journalism, and was political editor for the ABC and Nine News will be speaking on the topic "In Defence of Western Civilisation: Honouring our Cultural Heritage".

All are welcome to join us for this dinner. For more information and to book click here.

In 2023 the Legal Profession Board of Tasmania will be hosting CORO (Conference of Regulatory Officers) in Hobart on 24 & 25 October 2023 in Hobart.

The theme – Regulation: Dealing with BIG issues – is designed to stimulate thinking and engage with colleagues involved in legal regulation across the jurisdictions.

Speakers include - the Chief Justice of the Supreme Court of Tasmania, the Honourable Alan Blow AO. Professor Marie Bismark will be joining us from New Zealand to provide insights from her recent research. Martin Fletcher, the CEO of the Australian Health Practitioner Regulation Agency will provide perspectives on regulation from a different profession.

We also have Professor Gino Dal Pont, leading legal ethics author; a panel on 'Justice, equity, diversity and inclusion' led by Erfan Daliri from Kind Enterprises and another panel on 'Megatrends and AI'.

Early bird is available until 23 August 2023.

Click here for more information and to register.