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2. Legislation, Rules and Practice Notes
A. Legislation
Victoria:
County Court Act 1958 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Court Security Act 1980 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Magistrates' Court Act 1989 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Supreme Court Act 1986 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Victorian Civil and Administrative Tribunal Act 1998 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
New South Wales:
COVID-19 Emergency Response Act 2020 (NSW):
Queensland:
Made under the Supreme Court of Queensland Act 1991 (Qld):
South Australia:
Made under the Magistrates Court Act 1991 (SA):
Made under the District Court Act 1991 (SA):
Made under the Supreme Court Act 1935 (SA):
Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
Australian Capital Territory:
Court Procedures Act 2004 (ACT) amended by the COVID-19 Emergency Response Legislation Amendment Act 2020 (ACT).
Northern Territory:
Local Court Act 2015 (NT) amended by the Courts Legislation Amendment Act 2020 (NT).
Supreme Court Act 1979 (NT) amended by the Courts Legislation Amendment Act 2020 (NT).
B. Court Rules and Practice Notes
The various Commonwealth, State and Territory courts and administrative tribunals around Australia have issued a range of rules, practice notes and guidelines dealing with the conduct of proceedings in light of COVID-19 and the responses to it. Listing these, and keeping them up to date, is beyond the scope of this service. Most of the courts and tribunals have useful and up-to-date information on either their main webpage, or a dedicated COVID-19 page, from which it should be easy to locate the relevant practice directions.
Some, but by no means all, are given here:
The Victorian Bar Inc produces, and regularly updates, the Consolidated Guide to Victorian and Commonwealth Court and Tribunal Responses to COVID-19. It can be downloaded here.
The New South Wales Bar Association produces, and regularly updates, a consolidated guide to the practices and procedures of the Federal and NSW courts and tribunals, titled COVID-19: Information for Attending Court, which also includes practical guidance on using the relevant technology. It can be downloaded here.
The Law Society of Western Australia also produces a list of Communications from Courts, Legal and Other Organisations that can be accessed here.
C. Case law
Cases concerning court and tribunal practice and procedure in the context of the COVID-19 pandemic are dealt with in the following sections of this Chapter:
1. Open Justice.
3. Evidence.
4. Criminal Procedure.
5. Civil Procedure.
D. Further resources
A. Legislation
Victoria:
County Court Act 1958 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Court Security Act 1980 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Magistrates' Court Act 1989 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Supreme Court Act 1986 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
Victorian Civil and Administrative Tribunal Act 1998 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
New South Wales:
COVID-19 Emergency Response Act 2020 (NSW):
- Part 5: Proceedings.
Queensland:
Made under the Supreme Court of Queensland Act 1991 (Qld):
South Australia:
Made under the Magistrates Court Act 1991 (SA):
- Magistrates Court Rules 1992 amended by Amendment 81 to the Magistrates Court Rules 1992, in relation to filing of documents by prosecuting authorities.
- Magistrates Court (Fees) Regulations 2019 amended by the Magistrates Court (Fees) (Miscellaneous) Variation Regulations 2020 (p 645).
Made under the District Court Act 1991 (SA):
- District Court Regulations 2018 amended by the District Court (Fees) Variation Regulations 2020 (p 639).
Made under the Supreme Court Act 1935 (SA):
- Supreme Court Regulations 2018 amended by the Supreme Court (Fees) Variation Regulations 2020 (p 633).
Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
- Notice under Section 20 (Proceedings of courts, Tribunals, &c., may be authorised to not be required to be held in public) – Magistrates Court.
- Notice under Section 20 (Proceedings of courts, Tribunals, &c., may be authorised to not be required to be held in public) – Supreme Court.
Australian Capital Territory:
Court Procedures Act 2004 (ACT) amended by the COVID-19 Emergency Response Legislation Amendment Act 2020 (ACT).
Northern Territory:
Local Court Act 2015 (NT) amended by the Courts Legislation Amendment Act 2020 (NT).
Supreme Court Act 1979 (NT) amended by the Courts Legislation Amendment Act 2020 (NT).
B. Court Rules and Practice Notes
The various Commonwealth, State and Territory courts and administrative tribunals around Australia have issued a range of rules, practice notes and guidelines dealing with the conduct of proceedings in light of COVID-19 and the responses to it. Listing these, and keeping them up to date, is beyond the scope of this service. Most of the courts and tribunals have useful and up-to-date information on either their main webpage, or a dedicated COVID-19 page, from which it should be easy to locate the relevant practice directions.
Some, but by no means all, are given here:
- The High Court of Australia.
- The Federal Court of Australia.
- The Family Court of Australia.
- The Federal Circuit Court of Australia.
- The Supreme Court of Victoria.
- The Supreme Court of New South Wales.
- The Supreme Court of Tasmania.
- The South Australian courts.
- The Queensland courts.
- The Supreme Court of the ACT.
- The Supreme Court of the NT.
The Victorian Bar Inc produces, and regularly updates, the Consolidated Guide to Victorian and Commonwealth Court and Tribunal Responses to COVID-19. It can be downloaded here.
The New South Wales Bar Association produces, and regularly updates, a consolidated guide to the practices and procedures of the Federal and NSW courts and tribunals, titled COVID-19: Information for Attending Court, which also includes practical guidance on using the relevant technology. It can be downloaded here.
The Law Society of Western Australia also produces a list of Communications from Courts, Legal and Other Organisations that can be accessed here.
C. Case law
Cases concerning court and tribunal practice and procedure in the context of the COVID-19 pandemic are dealt with in the following sections of this Chapter:
1. Open Justice.
3. Evidence.
4. Criminal Procedure.
5. Civil Procedure.
D. Further resources
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