On the day Victoria was plunged back into Stage 4 Restrictions (for 7 days), the Victorian Bar put out the following email, to its barristers, about the impact of this ‘lockdown’, on the Courts and legal work. The email is set out below and gives some interesting insight into what lawyers can, and can’t, do. It also provides a number of useful links, such as to the statements put out by the various courts, about their Court’s work.
See below for further details.
Victoria will enter a seven-day circuit breaker lockdown from 11:59pm Thursday, 27 May to 11:59pm Thursday, 3 June 2021.
This means there will be five reasons to leave home: Food and supplies; Authorised work; Care and caregiving; Exercise, for up to two hours and with one other person, and Getting vaccinated. For more information on how restrictions will apply to Victorians, please click here.
Authorised Work – Chambers, Courts & Tribunals
If you can work from home, then you must work from home. This includes remote appearances.
Under the circuit breaker restrictions ‘Authorised Provider’ includes –
- court, tribunal, or commission services
‘Authorised Workers’ include –
- a person who performs work that is essential for the operation of an authorised provider
- services related to the administration of justice
- essential legal services
The circuit breaker restrictions introduced by the Victorian Government can be found here.
It is up to each individual barrister or clerk to satisfy themselves as to whether the work they are providing falls within that category.
If you attend Chambers, face masks will need to be worn inside and outdoors – this rule applies everywhere except your own home.
Front doors in all buildings will be locked – you will only be able to gain entry by swipe access.
For those that access Chambers during the circuit breaker period, meeting rooms and boardrooms are to remain closed, along with common area spaces such as lunchrooms.
Operation of Courts and VCAT
Today, the Chief Justice of the Supreme Court of Victoria and Chair of Courts Council, Anne Ferguson, issued an update on behalf of the Victorian courts and VCAT:
- In accordance with the public health advice, matters will be held in person only where it is not practicable for them to be held remotely and it is essential that they proceed.
- The courts and VCAT will continue to hear as many matters as possible remotely. Some matters may be adjourned for a period of time.
- Criminal jury trials which are already underway will continue, following COVID-safe plans, although a few may be adjourned. No new criminal jury trials will begin until restrictions ease. Every effort will be made to re-list any vacated trials as soon as possible.
For the full statement, please click here.
For up-to-date information about the Courts’ responses, please visit their websites:
- Federal Court of Australia – see here.
- Family Court of Australia – see here.
- Federal Circuit Court of Australia – see here.
- Supreme Court of Victoria – see here.
- County Court of Victoria – see here.
- Magistrates’ Court of Victoria – see here.
Public Safety
Please do not come to Chambers, and ensure you are self-isolating, if:
- You have any symptoms, no matter how mild, that are consistent with COVID-19. This includes fever, chills, cough, sore throat, shortness of breath, runny nose, loss of sense of smell or taste.
- You have been tested for COVID-19, until you receive a negative result. If you tested positive previously, you will also need to follow advice from the health department, or
- You have had close contact with someone who has tested positive or have attended any exposure sites listed here.
[Victorian Bar’s COVID Update broadcast email: 27 May 2021]