Advocacy Notes newsletter out now!

Posted 28 April 2020  

The latest edition of Advocacy Notes summarises the key issues the Society has been working on to support and advocate on behalf of the profession with regards to delivering legal services during COVID-19 (and other issues). Read about the Society's push for audio-visual witnessing, its advocacy to minimise the impact of COVID-19 on personal injury claimants, and making recommendations as to the classification of the law as an essential service.  Read the April edition of Advocacy Notes

 

Update on temporary cessation of work injury assessments

Posted 24 April 2020 

Return to Work SA has responded to the Society’s letter with regards to concerns about referrals for whole person impairment (WPI) assessments being temporarily suspended due to COVID-19.  RTWSA had advised that the assessments for physical injuries are likely to resume “in the next few weeks” and assessments for mental injury will resume shortly via remote technology. Read the Society’s letter to RTWSA | Read RTWSA’s response to the Society

Further advice on witnessing Statutory Declarations during COVID-19

Posted 24 April 2020 

The Attorney General of SA has provided further advice regarding recent regulations which expand the classes of persons who may take statutory declarations. clarifying that the regulations do not apply to affidavits or Enduring Powers of Attorney, nor do they amend the manner in with statutory declarations are to be taken. Read the advice from the Attorney General regarding Statutory Declarations. 

 

Delay in the commencement of the Uniform Court Civil Rules and CourtSA Civil

Posted 23 April 2020 

The Courts Administration Authority advised on 22 April 2020 that the commencement of the Uniform Court Civil Rules and the CourtSA Civil electronic management system has been delayed until 18 May 2020.   

The Rules and CourtSA Civil have been delayed due to problems experienced by the CAA’s specialist IT workforce due to COVID 19 restrictions.   The CAA’s media release is available here. 

The Society understands there will be a transitional period post 18 May 2020 during which documents can be emailed to the CAA.  Details will be advised, once published by the CAA.

The CourtSA portal contains a range of videos and information, and answers to Frequently Asked Questions. 

Support for commercial tenancies 

Posted 20 April 2020 

Regulations have been passed to assist commercial tenancies affected by COVID-19. If a lessee has suffered financial hardship as a result of COVID-19, a lessor cannot take action on the grounds of a breach of the lease for a prescribed period.  For more information read “Essential Information for Lessees and Lessors dealing with COVID-19” on the Small Business Commissioner’s website.  View the COVID-19 Emergency Response (Commercial Leases) Regulations 2020.

Guide to use of Video-Link under the Evidence Convention

Posted 20 April 2020 

The Hague Conference of Private International Law has made its Guide to Good Practice on the Use of Video-Link under the Evidence Convention available free of charge. Download the guide.

New COVID-19 laws include measures to continue legal services

Posted 9 April 2020 

The Society has been working actively to ensure the people can access legal services in the face of current and any further restrictions imposed in response to the COVID-19 pandemic. The State Government’s COVID-19 Emergency Response Bill 2020, which passed the Parliament on 8 April 2020, includes a number of measures which were sought by the Society in a letter to the Attorney General.

These measures:

• provide regulation making powers to modify the requirements relating to documents including the preparation, signing, witnessing, attestation, certification, stamping etc;
• allow for any legislative requirements that a meeting occur or that some transaction take place that requires 2 or more people to be physically present, to be taken to be satisfied if the meeting or transaction takes place remotely (i.e. via audio visual or other means of communication);
• amend service of documents requirements to include additional methods such as electronic means; and
• includes an ability to extend of statutory time limits/requirements where required due to COVID-19.

Now that these regulation making powers and other arrangements are in place, the Society will be working closely with the Attorney-General to ensure appropriate modifications can be made and relevant impediments addressed, to ensure that the profession can provide important services to the public to operate both safely and effectively throughout the COVID-19 pandemic.

Amendments to the Legal Services Award 

Posted 9 April 2020 

The Fair Work Commission has confirmed that the Legal Services Award (among other Modern Awards) has been amended in response to the COVID-19 pandemic. Read More (Members Only)...

Magistrates Court new COVID-19 Listing Arrangements and hearing procedures from 6 April 2020

Posted 6 April 2020 

The Society has been working with the Magistrates Court with respect to measures to deal with COVID-19. New procedures and arrangements have been put in place as of 6 April 2020 across the various Magistrates Courts. 

Clerks – Private Sector Award determination

Posted 3 April 2020   
The Fair Work Commission made a determination on 28 March to vary the Clerks - Private Sector Award 2010 to provide to provide greater flexibility regarding employees’ classifications and duties, minimum engagement/pay for part-time and casual employees, span of hours changes while working at home, full-time and part-time employees' hours of work and the taking of annual leave.

Standard Property Documents - COVID 19 Annexures

Posted 2 April 2020

The Property Committee has prepared COVID 19 Annexures for each of the residential and non-residential Contracts of the Sale and Purchase of Land, which are available to those who subscribe to the Society’s suite of Standard Property Documents. Visit the Standard Property Documents page to subscribe and access the annexures.

Law Society releases COVID-19 practice management guide

Posted 31 March 2020

In recognition of the COVID-19 crisis the Ethics and Practice Unit of the Society has prepared a COVID 19 – Practice Management Information and Strategies guide which references State and Federal Government business initiatives particularly relevant to small to medium law practices, and provides advice on the observance  of certain regulatory and ethical matters in the current circumstances that will be relevant to all law practices. Please email any questions to ethicsandpractice@lawsocietysa.asn.au

Providing an essential service during a pandemic 

Posted 30 March 2020 

The Law Society has been in regular contact with Government representatives and heads of jurisdiction to ensure that the provision of legal services can be maintained and conducted in a safe manner amid the COVID-19 crisis.

Practice of law as an essential service

The Society has written to the Attorney-General to seek confirmation and guidance as to whether legal services will be considered an “essential service” in the event of further restrictions. The Society suggested that legal services would be required during an emergency period and that some processes that have typically involved face-to face interaction, such as verification of identity procedures, may need to be amended during an emergency period. The Society will inform Members of any response provided by the Attorney-General.

Strategies to mitigate COVID-19 impact on lawyers

The Society is seeking the views of its Special Interest Committees as to the impact of COVID-19 on legal practice and services. The Society will be raising these issues with the relevant heads of jurisdiction and the Attorney-General and will be providing suggested solutions and temporary measures (as informed by its Special Interest Committees) to ensure the profession can continue to provide legal services to the community.

Advocating for modified practices to maintain provision of legal services

The Society has sought to address a number of issues raised by Members in response to the COVID-19 emergency. These include but are not limited to, matters arising in the Magistrates Court and the increased use of technology to facilitate remote access/attendance and ensure that the justice system can continue to operate safely and effectively.

Health & safety in correctional facilities  

The Society is in regular contact with the Department of Corrections to seek updates as to prisoner health and measures taken to prevent the spread of COVID-19 in correctional facilities and beyond. The Society has written to the Department on a number of occasions on behalf of its Criminal Law Committee, including with suggestions as to how increased use of technology and telephone services can ensure practitioners are able to access clients safely. The Society has also written to the Minister for Correctional Services, asking him to consider the early release of low-risk prisoners in light of growing fears of a COVID-19 outbreak occurring in a correctional facility. 

Law Society's $1.8 million COVID 19 package to support practitioners

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The Law Society is proud to announce a once-off $1.8 million rebate support package to help Members and insureds during the COVID-19 crisis. 

Click here for full details of the support package

Guide to use of Video-Link under the Evidence Convention

Posted 20 April 2020 

The Hague Conference of Private International Law has made its Guide to Good Practice on the Use of Video-Link under the Evidence Convention available free of charge. Download the guide.

Practice Management Information and Strategies 

Posted 31 March 2020  Practice Management Support

Law practice management is difficult at the best of times. In the current circumstances it is overwhelming.

In recognition of this the Ethics and Practice Unit of the Society has prepared a COVID 19 – Practice Management Information and Strategies guide which references State and Federal Government business initiatives particularly relevant to small to medium law practices, and provides advice on the observance  of certain regulatory and ethical matters in the current circumstances that will be relevant to all law practices.

Please email any questions to ethicsandpractice@lawsocietysa.asn.au.

Regulation 33(3)(b) Waiver

Regulation 33(3)(b) of the Legal Practitioners Regulations 2014 states that, during April of each year, all law practices with trust accounts must give the Society written notice of the associates of the practice (including their full name and residential addresses) who are authorised, as at 31 March of that year –

 

1. to sign cheques drawn on a general trust account of the practice; or
2. otherwise to effect, direct or give authority for the withdrawal of money from a general trust account of the practice,

 

Given the difficult circumstances the Council of the Society has resolved as follows:

        That, pursuant to Regulation 56, the Society waives the notification requirements under Regulation 33(3)(b) with respect to April 2020 on the proviso that practitioners respond to specific requests by Society officers for such information in a timely manner.

Please note that the waiver only relates to the requirement to notify the Society.

Combined Trust Account

The current Combined Trust Account (CTA) period will end on 31 May 2020 with deposits or notices of withholding due by 14 June 2020.

To assist the profession the Society has decided to make its online CTA calculator available to all members of the profession on a temporary basis. The CTA calculator is a member service funded by and usually restricted to Society members. The calculator is being made available on a temporary basis to the wider profession as a result of the COVID 19 emergency but will revert to being a member service only when restrictions are relaxed.

The Society reassures the profession that it will be taking a proportionate and pragmatic approach with respect to the imposition of penalty interest in the event of CTA non-compliance and, where it is appropriate to do so, will be remitting interest in part or in whole (in accordance with its internal policies).

If you have any questions or concerns with respect to any of the information in this Practitioner Alert please send an email to ethicsandpractice@lawsocietysa.asn.au.

How are you? No, how are you really?

THE QUESTION:

How are you? No, how are you really?

Exhausted? Agitated? A bit down? Are you finding it hard to get to sleep or to switch off from work? Read More (Members Only)...

An important message about Wellbeing & Resilience 

Posted 25 March 2020 
 

We are hearing a lot about handwashing and social distancing at the moment (and rightly so) – but what about the other things we need to be doing to look after ourselves and our family, friends and colleagues?

Lawyers right across SA are facing uncertainty, disrupted income, health issues, worry about their loved ones, and so on… These challenges can produce effects such as exhaustion, detachment from others, insomnia, poor eating habits and irritability. And, of course, an increased risk of experiencing anxiety and depression.

Some of the usual recommendations for keeping ourselves mentally healthy and resilient aren’t very helpful at a time like this where social isolation is mandated for the foreseeable future.   The isolation of working remotely without the usual day to day interactions with your colleagues will likely take its toll. 

The gym is no longer an option. Connecting with friends and family over dinner has been ruled out. Even getting some quiet time on your own at home might be difficult now if everyone in the household is working or studying from home.

The Law Society’s Wellbeing and Resilience Committee wants to remind you that there are a range of services still available to support you at this difficult time and there is a lot you can do to take care of yourself despite the restrictions on movement and interaction.

Our top five tips for your wellbeing and resilience:

1.     Stay connected – there are so many ways to do this online now. Share a Spotify playlist, have a video call through Skype or FB Messenger, play games against colleagues or friends online… This is particularly important for people who are working from home and are therefore physically isolated from colleagues as well as their family and friends. For more inspiration, click here.

2.      Keep physically active – use this as an opportunity to work on your (solo) running or explore the millions of free exercise videos online. Chris Hemsworth is offering a free trial of his fitness/lifestyle app, Centr, and there are lots of other free options to choose from as well. Your gym might even be offering some free online content. Even if you are only working out in your lounge room – you will still get the same boost to your physical and mental health.

3.      Focus on what you can control – there is a lot that we can’t control, predict or even understand at the moment. Taking charge where we can will help us to combat anxiety. So create a new daily routine for yourself, decide on some projects you want to spend your weekends at home working on, and make sure you get enough sleep.

4.      Practice meditation and mindfulness – much of the anxiety we feel comes from rehashing what we have already lived through and obsessing over what might happen next. That is a normal response to a situation like this but meditation and mindfulness can bring us back to the present moment and therefore help us to keep anxiety at bay. There are lots of apps which make this really easy, such as HeadSpace and InsightTimer.

5.      Give yourself some enjoyable distractions – don’t just work and scroll through news feeds. Here is one of the many central resources for suggestions about podcasts, books, TV shows, movies and much more to keep the whole household amused. 

Our top three resources if you need some support:

1.       Lifeline is still available to you 24/7. They offer phone, text and online chat services. They also have some suggestions about getting through this period.

2.       BeyondBlue services are also still available via phone and chat.

3.       LawCare Counselling service remains available via phone and face-to-face.

If you are interested in learning more, click here for more apps, fact sheets and websites. You can also access our free Online Wellbeing and Resilience Program (for which you can claim 1 CPD point) and a Wellbeing and Resilience Guide.

Wellbeing & Resilience Committee 

Practitioner Support Links 

LawCare and support groups 

Ethics Enquiry Service 

Wellbeing & Resilience Resources

Bullying and Harassment in the Workplace

Equality, Diversity and Inclusion

Court Updates and Information webpages 

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Courts Administration Authority Coronavirus COVID-19 Information

South Australian Employment Tribunal website

South Australian Civil and Administrative Tribunal website

Environment, Resources and Development Court

 Posted 26 June 2020 

The Senior Judge of the Environment, Resources and Development Court has advised by general news release of 22 June 2020 that forthwith, all listing practices in the ERD Court, will return to normal including conferences. All matters will be heard in Court, unless other arrangements are made by or with chambers approval prior to the hearing or conference.

Requests for administrative adjournments and other requests must be received at least two business days prior to any hearing or conference.

All matters before the Adelaide Magistrates Court - from 22 June 2020

Posted 22 June 2020

In response to the COVID-19 emergency the Chief Magistrates has advised the following updated arrangements will be implemented as of today.

General - in Court:

Parties and practitioners are not to come to the Court, if they have:

• fever
• flu-like symptoms such as coughing, sore throat and fatigue
• shortness of breath
• travelled from the ACT, New South Wales, Victoria or overseas in the last 14 days and/or
• had close contact with someone diagnosed with or suspected of having coronavirus (COVID-19) in the last 14 days

If a party or practitioner has a condition that makes them vulnerable to infection and for that reason does not feel safe attending at the Court, they should advise Registry at least 24 hours prior to the hearing and provide a direct contact phone number for the purpose of appearing at the hearing by phone.

At the Court, parties and practitioners are not to approach Court staff and must always maintain a distance from others that is greater than 1.5 metres.

No documents are to be handed up in Court. Documents of less than 10 pages may be lodged electronically on the CourtSA website (Portal, see details below) the day prior to the hearing.

Parties and practitioners are reminded of the requirement that all parties must be copied in to any email communication with the Court.

Communication with the Court is required to be via the CourtSA website (Portal) https://courtsa.courts.sa.gov.au or amcregistry@courts.sa.gov.au

These measures will be in operation until further notice. They may be revised as new public health announcements are made. 

All matters before Adelaide Magistrates Court - Civil - from 15 June 2020

Posted 12 June 2020

Please find attached an announcement from the Chief Magistrate advising updated COVID-19 arrangements which will be implemented as of 15 June 2020 with respect to all civil matters before the Court. These measures will operate until further notice. 

Matters before Supreme Court Masters to return to normal from 9 June 2020

Posted 27 May 2020 

The Masters of the Supreme Court have today advised that, from Tuesday 9 June 2020, all listing practices, including mediations, will return to normal. All matters will be heard in court, unless other arrangements are made with chambers prior to the hearing. 

For matters up to and including 5 June 2020, the current protocols will continue to apply, except where they have been modified in consultation with chambers.

All inquiries should be directed to Ms Giles at chambers.dart@courts.sa.gov.au or Mrs Palmer, at chambers.bochner@courts.sa.gov.au.

All matters before District Court Masters from 1 June 2020

Posted 26 May 2020 

The District Court Masters have today advised that, from Monday 1 June 2020, all listing practices, including settlement conferences, will return to normal. All matters will be heard in court, unless other arrangements are made with chambers prior to the hearing.

Parties and practitioners are expected to observe social distancing requirements.

Parties are not to physically approach court staff in the court.

Requests for administrative adjournments must be received at least 2 business days prior to the directions hearing.

For matters up to and including 29 May 2020, the current protocols will continue to apply, except where they have been modified in consultation with chambers.

Practitioners are reminded that if they are in self-isolation, quarantine, are in any way unwell, or have been in contact with someone who has returned from overseas or interstate within the last 14 days, they are NOT to enter the Sir Samuel Way Building.

If a practitioner has a condition that makes them vulnerable to infection or they are generally concerned and do not wish to come into Court they should advise Chambers at least 24 hours prior to the hearing and make alternative satisfactory arrangements.

All enquiries should be directed to dcmastersjso@courts.sa.gov.au. 

Jury trials to recommence soon

Posted 18 May 2020

The District Court advised on 18 May 2020 that it will bring forward the recommencement of jury trials, for a small number of matters, to the second week in May. The Court is intending to have one matter run in each of the second, third and fourth weeks of July, as a controlled step up, to the previously announced staged resumption of jury trials from 1 August 2020.

The Court will communicate with the parties of those jury trials identified to commence in July; any queries in relation to the listing of matters should be directed at first instance to the Criminal Registry.

All other matters are to proceed in accordance with the Court’s previous announcement of 8 May 2020; namely, the Mount Gambier Circuit in July will proceed as a normal circuit with jury trials. Country circuits thereafter will also proceed as normal circuits with jury trials. The Court will be seeking advice from SA Health with regards to re-introducing jury trials, and will ensure any social distancing or other health guidelines are followed. This may require two courtrooms to be set aside for each jury trial, which would impact the listing of trials. Read the full statement from the Courts Administration Authority

All matters before District Court Masters from 11 May 2020

Updated 26 May 2020 

Please find attached information from the District Court Masters which details measures to be taken in relation to all matters before the Masters, commencing 11 May 2020 and operating until 29 May 2020, after which time all listing practices, including settlement conferences, will return to normal. The notice advises, among other things:

• all non-contentious directions hearings will be conducted via email
• Master Olsson will continue to hear contentious directions hearings and arguments via WebEx
• Master Blumberg will continue to hear arguments in person with appropriate social distancing
• Settlement conferences currently listed will be held between the parties, by telephone or some other method agreed between them, without court involvement. After a settlement conference has been held, parties are asked to advise chambers of the outcome and of any orders sought.

SAET - Witnessing of affidavits

Posted 30 April 2020

Please find attached a Practice Direction of 28 April 2020 regarding the witnessing of affidavits during the COVID-19 pandemic. It clarifies the Tribunal's expectations in relation to the acceptance of unsworn affidavits and in doing so advises the Tribunal will adopt the Practice Note of the Supreme Court and District Court of 16 April 2020. 

SACAT Update

Posted 29 April 2020

SACAT has issued Practice Directions to acknowledge that hearings may take place without the public in attendance and to ensure that documents are provided electronically. You can read the new practice directions here.

Following enactment of the COVID-19 Emergency Response Act 2020, SACAT has new responsibilities in the housing and guardianship areas. You can find further information on the changes to housing here and guardianship here.

At present SACAT is:

• Operating with the public reception desks closed to face-to-face service
• Providing reception services via telephone and email
• Requiring documents to be provided electronically
• Suspending the requirement for physical attendance at hearings
• Conducting the majority of hearings by telephone or video.
• In a some cases, only in accordance with public health information and if social distancing is available, determining that it will be preferable for there to be physical attendance at SACAT.
• Deferring matters only if that is the most suitable approach at this time
• Conducting all non-essential meetings, presentations and training by video conference, telephone conference, email correspondence or deferring, as appropriate.

If you have documents to submit, please email the documents to sacat@sacat.sa.gov and include the case reference number.

For assistance to lodge an online application please call 1800 723 767 and SACAT staff will assist over the telephone.

Delay in the commencement of the Uniform Court Civil Rules and CourtSA Civil

Posted 23 April 2020 

The Courts Administration Authority advised on 22 April 2020 that the commencement of the Uniform Court Civil Rules and the CourtSA Civil electronic management system has been delayed until 18 May 2020.   

The Rules and CourtSA Civil have been delayed due to problems experienced by the CAA’s specialist IT workforce due to COVID 19 restrictions.   The CAA’s media release is available here. 

The Society understands there will be a transitional period post 18 May 2020 during which documents can be emailed to the CAA.  Details will be advised, once published by the CAA.

The CourtSA portal contains a range of videos and information, and answers to Frequently Asked Questions. 

Applications to the Probate Registry 

Posted 20 April 2020 

The Courts Administration Authority has advised that the recent Practice Note with regards to the  Witnessing of Affidavits during COVID-19 does not apply to the Probate Registry. The notice reads: Applications to the Probate Registry are not included in the Practice Note released by the Supreme Court and District Court on 16 April 2020 titled Witnessing of Affidavits during COVID-19.

Magistrates Court of South Australia - Administrative Adjournments 

Posted 9 April 2020 

Please find attached a letter of 8 April 2020 from the Chief Magistrate. It advises the scope for defence requests seeking an administrative adjournment has been widened to enable the Registry to action requests without the requirement to seek Magistrate approval for each matter. 

Environment Resources and Development Court Hearings 

Posted 9 April 2020 

Please find attached a General News Release of 6 April 2020 from the Courts Administration Authority. It advises arrangements, effectively immediately, relating to the hearing of matters and filing of documents. 

Magistrates Court new COVID-19 Listing Arrangements and hearing procedures from 6 April 2020

Posted 6 April 2020 

The Society has been working with the Magistrates Court with respect to measures to deal with COVID-19.New procedures and arrangements have been put in place as of 6 April 2020 across the various Magistrates Courts. 

District Court civil and criminal matters

Posted 30 March 2020

Please find attached an announcement (27 March 2020) of the District Court of South Australia which details a number of arrangements implemented by the Court. It advises the suspension of new jury trials will be extended so that no new jury trial will commence in the District Court of South Australia prior to 1 July 2020.

South Australian Employment Tribunal

Posted 26 March 2020 

Please find attached an announcement of 25 March 2020 from the Hon Justice President Steven Dolphin, President of the SAET. It advises procedures for urgent hearings to take the plaintiff’s evidence in Dust Disease cases.

Supreme Court - practice changes 

Posted 24 March 2020 

Please find attached a memorandum from the Chief Justice. The memorandum records the resolution of the Judges and Masters of the Supreme Court made at a special meeting held on Friday, 20 March 2020, to modify the practice and procedure of the Court to address the risk to public health caused by the Covid-19 virus pandemic.

The proceduresin relation to matters before Supreme Court Masters were reviewed on 27 May 2020 and will take effect from 9 June 2020. 

South Australian Employment Tribunal 

Posted 18 March 2020 

Please find attached a media release of 18 March 2020 from the Honourable President Justice Dolphin advising a number of measures which were implemented as of Thursday 19 March 2020. 

Some practices of the SAET have been revised as of Monday 15 June 2020. 

Court Updates and Information webpages 

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Federal Circuit Court COVID-19 Updates and Information

Family Court of Australia COVID-19 Updates and Information

Family Court and Federal Circuit Court of Australia

Posted 26 June 2020

Please find attached an update of 24 June 2020 from the Family Court and Federal Circuit Court of Australia advising updated COVID-19 Registrar and Child Dispute Services listing measures and arrangements. The In-Person Interview Protocol to which it refers is also attached. 

 

Federal Court of Australia - Limited in-person hearings to commence

Posted 22 June 2020

Please find attached Update 24 (19 June 2020) from the Chief Justice of the Federal Court, Hon James Allsop, with its attachment Special Measures Information Notice SMIN-4. It advises that as infection rates and government restrictions ease, the opportunities for a limited return to in-person attendance in Court will increase for matters that are essential to be heard in person.

Limits on the number of people within the Court precinct are in place and all of the Court’s buildings have been assessed and prepared to ensure appropriate physical distancing can be maintained. 

 

Gradual resumption of face-to-face hearings in the Family Court of Australia and Federal Circuit Court of Australia from 15 June 2020

Posted 15 June 2020

The Chief Justice of the Family Court of Australia, the Hon Justice Alstergren has advised the Family Court of Australia and the Federal Circuit Court of Australia are extending the face-to-face protocols currently in place to allow urgent trials and urgent hearings of applications that cannot be conducted by Microsoft Teams to be heard in face-to-face hearings commencing 15 June 2020.

Whilst the Courts have been able to conduct over 80% of their work via electronic hearings since March 2020, it is recognised that there are some proceedings that require a hearing in person. Given the health concerns and social distancing requirements, a full utilisation of courtrooms may take some months as restrictions are eased. However, the Courts will open 4 courtrooms in each major registry starting today. This will be increased as soon as the Courts are are able to.

Strict social distancing and capacity requirements will have to be met not only in respect to space within courtrooms but also in respect to people queuing at security and waiting to use an elevator. An updated In Court Face-to-Face Protocol is attached and will be on each Court’s website.

The salient features of the protocol are:

• Hearing times will be staggered;
• There will be strict social distancing requirements implemented in all common areas and courtrooms;
• In courtrooms, no written appearances are to be provided to Associates. Appearances are to be orally announced at the start of the hearing;
• No hardcopy documents are to be passed up during the hearing; an electronic court book is to be used where possible;
• No more than 8 people plus court staff and a judicial officer are allow in the courtroom at any one time without leave of the judge;
• Witnesses who are not parties will be required to leave the courtroom after giving evidence;
• All present are encouraged to download and activate the COVID-19 app. Those who choose not to will be requested (not required) to provide their names and contact details for contact tracing requirements only if the Courts are required to provide that information to the health authorities if an outbreak occurs;
• Practitioners and parties will not be able to go to other floors in the Court Registry save for the entrance and the floor their courtroom is located on, and should exit the Registry building promptly after the conclusion of their hearing.

This protocol will be updated from time to time and be sent to the Society for provision to practitioners prior to its implementation. 

 

Federal Court of Australia

 Posted 7 May 2020

Please find attached Update 22 (4 May 2020) from the Chief Justice of the Federal Court, Hon James Allsop. It provides updates as to the triaging of incoming work and migration matters.

It also announces an independent review by Mr John McMillan AO into the issues surrounding potential non-compliance with section 91X of the Migration Act 1958 (Cth) (the Migration Act) relating to the Commonwealth Courts Portal and Federal Law Search.

 

Family Court of Australia and Federal Circuit Court of Australia launch new urgent COVID-19 Lists

Posted 29 April 2020

The Family Court of Australia and the Federal Circuit Court of Australia (‘the Courts’) have seen a significant increase in urgent applications filed since restrictions have been imposed as a result of the outbreak of the COVID-19 pandemic.

These increases have the potential to overload particular Registries and Duty Lists and, if not properly managed, may lead to increased risks for children and vulnerable parties.

As a result, the Courts have established two dedicated, national specialist lists named the COVID-19 Lists. The Lists are aimed at dealing with urgent applications caused directly by the COVID-19 pandemic.

The Lists will commence operation today.

A streamlined filing process has been established. Two National COVID-19 List Registrars have been appointed to oversee the Lists on a national basis, assessing the cases filed and, if they meet the criteria, allocating a first Court date within 3 business days. If the application is part of an existing proceeding and assigned to a Judge, the docketed Judge will be consulted prior to listing and may hear the application. Otherwise, it will be assigned to a Judge or Registrar nationally to be heard electronically.

Both the Chief Justice and Deputy Chief Justice will be overseeing and monitoring the performance of the Lists.

If applications do not meet the criteria, but they are urgent they will go into the normal abridgement list. If they are not urgent they will be treated like any other application and be referred to the Duty Lists.

Please see the attached the Joint Practice Direction 3 of 2020 – The COVID-19 List for more information. The JPD will is available on a dedicated page on each Court’s Website as well as a template affidavit for each Court and a covering letter for urgency. See http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/about/news/jpd032020.

Family Court of Australia and Federal Circuit Court of Australia 
Guide for Practitioners and Litigants to Virtual Hearings and Microsoft Teams (and other MS Teams tips)

 Posted 28 April 2020

The vast majority of appearances in the Family Court of Australia and the Federal Circuit Court of Australia are currently being conducted electronically. To assist practitioners and litigants with the technical aspects of these appearances, the Courts have developed a Guide for Practitioners and Litigants to Virtual Hearings and Microsoft Teams. Please click here to view the Guide.

Administrative Appeals Tribunal 
Special Measures Practice Directions

Posted 28 April 2020 

The President of the AAT has advised measures being taken by the AAT as a result of the restrictions associated with the COVID-19 pandemic.

The President has issued five Special Measures Practice Directions that set out how the AAT will operate while COVID-19 impacts our services. These are in effect from 29 April 2020 for the following divisions:

• General, Freedom of Information and Veterans’ Appeals
• Migration & Refugee
• National Disability Insurance Scheme
• Small Business Taxation and Taxation & Commercial
• Social Services & Child Support

Read the President’s letter here. 

Federal Court of Australia

Posted 21 April 2020 

Update 21 (20 April 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It provides an update as to the use of Microsoft Teams and advises a revised course of action in relation to less urgent migration matters which had been “parked”.  

Federal Court of Australia

Posted 16 April 2020 

Update 18 (15 April 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It reminds practitioners and litigants that the same formal etiquette and protocol of a physical Court is expected in the Virtual Court.

Family Court of Australia

Posted 15 April 2020 

Please find attached Special Measures Information Note (SMIN-1) of the Family Court of Australia which sets out arrangements for the continued operation of the Appellate Division of the Family Court of Australia during the COVID-19 outbreak in Australia. The Note sets out guidance on:

• registry operations;
• electronic filing;
• signatures on documents and affidavits;
• arrangements for court listing;
• contact details for each Regional Appeal Registry, and
• open justice considerations.

Federal Court of Australia 

Posted 8 April 2020 

Please find attached Special Measures Information Note 3 (SMIN-3) which sets out arrangements for the conduct and management of appeals and Full Court hearings during the COVID-19 outbreak in Australia. All matters before the Full Court will be conducted as electronic appeals with the use of video-conferencing technology. SMIN-3 provides guidance for the preparation of electronic documents, including Appeal Books and Lists of Authorities, and other related requirements.

Update 16 (7 April 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It provides an update as to the Court’s capacity to conduct hearings via Microsoft Teams. It also advises the daily court lists will soon contain the listed hearings for a period of time (hopefully one to two weeks) in the future so as to enable people to choose which hearings to join electronically. 

Federal Circuit Court of Australia

Posted 6 April 2020

Due to the evolving nature of the Coronavirus and the necessity of promoting the health and safety of the community, all proceedings in the Federal Circuit Court will be conducted by teleconference through AAPT GlobalMeet, unless advised of alternative arrangements directly by chambers.

Please find attached the directions to dial in for members of the profession practising in general federal law  and for those practising in family law matters.

Federal Court of Australia

Posted 6 April 2020

The Special Measures Information Notice issued on 23 March 2020 has been updated to provide further detail in respect of the Courts endeavours to keep registries open and operational through telephone and other online services,  the allocation of matters with a view to operating at about 50-60% capacity by remote means, the addition of information concerning communications with the Court and among parties, and further  detail in respect of the Court’s use of remote technology as well considerations taken by the Court in respect of self-represented litigants. The updated version (31 March 2020) is attached. The Guide to Virtual Hearings and Microsoft Teams in conjunction with which it should be read is also attached. 

Please find attached the Special Measures Information Note (SMIN-2) Admiralty and Maritime which sets out arrangements for the issue of a warrant for the arrest of a ship during the COVID-19 pandemic and the considerations that parties and practitioners should consider when making an application for the issue of such a warrant.  These considerations include the availability of marshals, or their access, to effect arrests in the usual ways, particularly in light of public health and logistical restrictions.  It also highlights that parties and practitioners should be alert to the financial and legal implications of quarantine requirements for vessels which harbour the COVID-19 virus because a person suffering from COVID-19, or a person with symptoms of COVID-19, is, or was, on board, or because the vessel, or a person on the vessel, left a site of contamination. Lastly, the special measures information note outlines requirements for the payment of a deposit in advance, and if necessary from time to time, to enable the marshal to undertake the arrest and ongoing custody of a ship. 

Federal Court of Australia

Posted 2 April 2020 

Update 14 (1 April 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It advises updates in relation to the s91X data breach. The public Federal Law search portal has now been closed to the public. However, the secure portal for registered users remains open. 

Family Court and Federal Circuit Court of Australia

Posted 1 April 2020 

Please find attached Joint Practice Direction 2 of 2020. It advises special measures which have been implemented, effective today, in relation to electronic filing; viewing of subpoenas; annexures to affidavits; signatures on documents and affidavits; and fees.

This Joint Practice Direction supersedes Family Court of Australia Practice Direction 2 of 2020 and Federal Circuit Court of Australia Practice Direction 3 of 2020.

Please find attached a letter of 31 March 2020 from the Hon Will Alstergren, Chief Justice of the Family Court of Australia in relation to Alternative Dispute Resolution, settlement and mediation services. Organisations who are providing services (particularly those undertaking mediation, FDR and/or arbitration work) during the current crises are invited to provide details of those services, including a short explanatory paragraph, to the Court for publication on its website. 

Federal Court of Australia 

Posted 1 April 2020 

Update 13 (31 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It provides updates in relation to the Court’s capacity to hold remote hearings; allocations; the s91X data breach; and consideration for the profession. 

Family Court and Federal Circuit Court of Australia

Posted 31 March 2020

The Family Court of Australia and Federal Circuit Court of Australia have today published a series of Questions and Answers for parents who may have concerns relating to parenting arrangements amid the COVID-19 pandemic.

The Q&As are available from the Family Court of Australia website and the Federal Circuit Court of Australia website. 

Federal Court of Australia

Posted 30 March 2020

Update 12 (27 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It provides updates in relation to the hearing of matters on Microsoft Teams and a data breach in relation to s91X of the Migration Act. 

Family Court and Federal Circuit Court of Australia

Posted 26 March 2020

Please find attached a statement of 26 March 2020 from the Hon Will Alstergren, Chief Justice of the Family Court of Australia. It provides parents with some general guidance and assures that whilst changes to the Courts’ operations have been implemented in accordance with the necessary restrictions placed on our community by the Commonwealth Government, the Courts remain open to assist Australian families in these challenging times.

  

Federal Court of Australia

Posted 26 March 2020 

Update 10 (25 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It provides information as to the Court’s capability to deliver remote hearings. 

Federal Circuit Court and Family Court of Australia 

Posted 25 March 2020 

Members of the profession practising in family law are advised that the call-over of matters listed before Judge Heffernan on Tuesday 31^st March 2020 is cancelled. Parties will be advised as soon as possible of a new date for call-over of those matters, which will be on a date in August 2020. Parties are excused from filing further call-over documents at this time.

Please find attached an important announcement of 25 March 2020 from the Adelaide Federal Circuit Court Judges. Among other matters, it advises that the Court will not be holding any final hearings until 31 July 2020. Each such trial listing will be cancelled and in lieu of final hearing be allocated a directions hearing listing either on the day originally listed for trial or proximate to it. The Court will continue to deal with matters which require urgent attention and management during this period of national crisis.

An update of 23 March 2020 concerning measures and listing arrangements for Registrars and Child Dispute Services is attached. The principal basis upon which work will be conducted in the Courts in the near future will be by telephone, and when it becomes possible, by videoconferencing. Only urgent matters will be dealt with by face-to-face hearings or interviews, which will be conducted pursuant to the attached face-to-face in court protocol (and courtroom diagram) and the attached face-to-face interview protocol (below).

Please find attached a Media Release of 18 March 2020 which provides a summary of the new arrangements for family law and general federal law cases. The aim of the arrangements is to ensure that all urgent and priority matters are able to be dealt with safely by the courts, whilst at the same time, ensuring appropriate social distancing is adhered to.

Federal Court of Australia 

Posted 25 March 2020 

Update 9 (24 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It advises arrangements being made for migration matters where an interpreter is needed. 

Federal Court of Australia

Posted 24 March 2020 

Update 8 (23 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It attaches a Special Measures Information Note of 23 March 2020 setting out arrangements for the continued operation of the Court during the COVID-19 outbreak, including modified practices in order to minimise in person attendance on Court premises, including electronic lodgement and allowing (on a temporary basis) documents to be signed electronically.

It also attaches the current version of a guide for the use of the application presently being used by judges in the Court – Microsoft Teams. 

Federal Court of Australia - Advice for conducting electronic hearings 

Posted 23 March 2020 
 
The Hon Justice Perram has provided the following advice in relation to conducting electronic hearings on Microsoft Teams:

Please find attached a manual and frequently asked questions document for working with Microsoft Teams. My chambers have successfully run a trial in this mode and there is no reason it cannot be done from home during a lockdown. It is likely I will be conducting a trial in that manner on Thursday and Friday. I am conducting a hearing on Teams today with the parties remotely located (although I will be in the courtroom today).

The Court will be endeavouring to deal with as much business as it can subject to the circumstances. I can see no reason in principle why matters cannot be dealt with on Teams, or by phone or in writing. My understanding is that the Court is moving in the same direction.

Please do not hesitate to contact my associates if you have any queries. A big thanks to Ben Mee, James King and Rob Clark of counsel who on very short notice put together the documents and the list of counsel who would find it useful.

Please free to pass this communication on.

Kind regards

Nye Perram

Federal Court Update #5

Posted 20 March 2020 

Update 5 (19 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached. It advises measures the Court is taking with respect to organising the technical capacity to hear all trials to the extent necessary via videoconferencing facilities.
 
Chief Justice Allsop and the Chief Justice of the Family Court, Hon William Alstergren intend to produce video updates moving forward in order to inform the profession of what measures each court is implementing in response to the COVID-19 pandemic, and why.

Family Court and Federal Circuit Court 

Posted 20 March 2020 

Please find attached a notice to the profession of 19 March 2020 from the Family Court of Australia and the Federal Circuit Court of Australia. The Courts will continue to conduct court work within current parameters based on the advice of the Commonwealth Government Department of Health and the Chief Medical Officer. The notice contains an update as to the measures and listing arrangements that are being implemented by the Courts to address these challenges.
 
The principal basis upon which work will be conducted in the Courts in the near future will be by telephone, and when it becomes possible, by videoconferencing. Only urgent matters will be dealt with by in court face-to-face hearings, which will be conducted pursuant to the protocol listed within the notice.
 
The Courts have each released a Practice Direction detailing modified practices being implemented in order to minimise the attendance by legal practitioners and parties at registries.
 
Family Court of Australia Practice Direction 2 of 2020 - Electronic Filing, Annexures to Affidavits and Viewing of Subpoenas
 
Federal Circuit Court of Australia Practice Direction 3 of 2020 - Electronic Filing and Viewing of Subpoenas

Federal Circuit Court - Adelaide Registry 

Posted 18 March 2020 

Please find attached a notice of 18 March 2020 from the Judges of the Adelaide Registry of the Federal Circuit Court advising arrangements being put in place.

Federal Court Update #3

Posted 18 March 2020 
 
Update 3 (17 March 2020) from the Chief Justice of the Federal Court, Hon James Allsop is attached.  In light of the recent developments that led to the closure of the Lionel Bowen building in Sydney, the Federal Court is taking steps to reduce the risk to court users and court staff from in person attendance in court buildings, commencing Wednesday, 18 March 2020.
 
Unless specifically and individually excepted by the Court, all Federal Court of Australia listings that require in person attendance, including mediations and listings relying on video link from court premises listed up to 30 June 2020, are vacated. The Court is examining, as a matter of urgency, its capability to facilitate listings by remote access technology, without requiring in person attendance.   Further information of alternative arrangements that may be able to be put in place will be provided as soon as possible.
 
In the meantime, parties with listed hearings up to 30 June 2020 will be contacted by the Court directly about the need for the matter to proceed and possible options for achieving that where appropriate.
 
The decision as to whether the listing will proceed in the short term and, if so, when and in what manner, will be made by the relevant judge or registrar in consultation with the Chief Justice.
 
Court users should closely monitor the Daily Court Lists to check which listings are proposed to proceed.

Family and Federal Circuit Court 

Posted 18 March 2020 

Please find attached an announcement from the Family Court and Federal Circuit Court (16 March 2020) regarding measures that have been put in place in these courts.  Court enquiries can be directed to their National Enquiry Centre by email: enquiries@familylawcourts.gov.au or telephone: 1300 352 000.
 
The Courts will update their websites as new information comes to hand.

Family Court of Australia
Federal Circuit Court of Australia

Support for businesses and employees

Updated 4 May 2020

The Federal and SA Governments have announced a number of packages aimed at providing financial support to businesses (including sole traders, small business owners and companies) and employees affected by the COVID-19 crisis. 

The State Government’s Jobs Rescue Package 

Updated 22 April 2020 

The State Government’s Jobs Rescue Package includes: 

$10,000 Emergency cash grants for small businesses

Small businesses and not-for-profit entities that employ South Australians who have been highly impacted by the COVID-19 pandemic may be eligible to receive a $10,000 grant to support the operation of their business.

To be eligible, businesses and not-for-profits (including eligible sporting and community organisations) will need to:

• Have an Australian Business Number (ABN) and were operating a business and employing people in South Australia as at 1 March 2020
• Have an annual turnover of more than $75,000 (excluding GST)
• Have total Australian payroll of less than $1.5 million, and not be entitled to a payroll tax waiver under COVID-19 support measures introduced by the South Australian Government
• Have been subject to closure or highly adversely impacted by COVID 19 related restrictions

Visit the State Government’s $10,000 Emergency Cash Grants for Small Businesses page to start your application.

Payroll tax relief for business groups with annual Australian wages of up to $4million

Information is available at https://www.revenuesa.sa.gov.au/grants-and-concessions/covid19-relief and a list of Frequently asked questions is available here.

Business and Jobs Support Fund

The South Australian Government has expanded its “Economic and Business Growth Fund” to support businesses, jobs and the community impacted by COVID 19.

It aims to promote economic growth in South Australia by encouraging growth of existing industries, developing new industries, building international connections, and attracting foreign and national direct investment.

The Government is keen to ensure that the support it provides is tailored to the needs of each industry sector.  It is encouraging organisations to work with their representative bodies and associations to provide submissions that represent the needs of the industry as a whole.  This will enable the Government to consider how it can provide tailored support that is consistent across the sector, rather than dealing with companies individually.

Members are invited to suggest ideas for an initiative or project that would benefit the legal profession, that would have broad economic benefits.  Please send your suggestions to eoi@lawsocietysa.asn.au.

The Criteria for the Fund are included in the Economic and Business Growth Fund Guidelines

Find out more about eligibility and how SA businesses can access the above and other measures including land tax relief, and how employees affected by the pandemic can access financial support at the SA Government’s Economic Response Package site. 

 

Posted 28 April 2020

The ATO Commissioner has issued a determination providing alternative eligibility tests for businesses applying for JobKeeper payments.

The determination provides for alternative criteria for businesses that have been impacted by COVID-19 to claim JobKeeper payments where they do not meet the turnover test (30% decline in turnover or 50% decline in turnover for businesses with an annual turnover of $1 billion or more).

• The alternative turnover test applies in circumstances including:
• The business is less than 12 months old
• An acquisition or disposal event took place in the past 12 months
• A business restructure took place in the past 12 months
• The business’s turnover substantially increased but has still been impacted by COVID-19 (applies to businesses that have  50% growth in turnover in the 12 months leading up to the test period; 25% growth in turnover in six months, or 12.5% growth over three months).
• The business was affected by drought or other declared natural disaster during the relevant comparison period
• The business has a large irregular variance in their turnover for the quarters ending in the 12 months before the applicable test period
• A sole trader or partner has taken leave which had a negative impact on turnover during the period of leave

Read more about the alternative test from the ATO website
View the Alternative Decline in Turnover Test Rules
View information from the ATO about eligibility for JobKeeper

JobKeeper Q and A for eligible employees

The Victorian Employment Rights Legal Centre has developed a Q and A for eligible employees which provides a useful guide from an employee perspective (noting it is not specifically tailored to the South Australian employment conditions. http://jobwatch.org.au/jobkeeper-payment-scheme-qa/

Claiming working from home tax deductions

Posted 14 April 2020

The ATO has introduced a simplified method for claiming deductions for anyone working from home as a result of COVID-19.  Between 1 March and 30 June 2020, taxpayers will be able to claim 80 cents per work hour for all their additional running expenses, rather than needing to calculate costs for specific running expenses. This new method is designed to make tax returns simpler for anybody who has recently transitioned to working from home due to COVID-19, and ensures they are able to easily claim their relevant deductions

There are three ways that individuals can calculate their additional running expenses:

• claim a rate of 80 cents per work hour for all additional running expenses.
• claim a rate of 52 cents per work hour for heating, cooling, lighting, cleaning and the decline in value of office furniture, plus calculate the work-related portion of your phone and internet expenses, computer consumables, stationery and the decline in value of a computer, laptop or similar device
• claim the actual work-related portion of all your running expenses, which you need to calculate on a reasonable basis.

This information has been summarised into a Working from home media release. In addition to calculating your additional running expenses, information on expenses that can and can’t be claimed during this period is summarised into a Working from home guide. This was specifically designed due to the evolving nature of COVID-19 and the new temporary way of working that businesses have had to apply. 

Assistance available to businesses and Helpline 

Posted 23 March 2020 

Please find attached a Media Release of 22 March 2020 providing an update on the assistance available to businesses impacted by COVID-19 measures. It details the second stage of measures the Government has implemented to keep businesses in business and to keep workers in jobs.

A further  Media Release of 23 March 2020 advises the Federal Government’s business helpline for affected small and medium businesses. For information on what support is available to your business, visit the Australian Government’s Business website or contact the hotline on 13 28 46. 

Support for commercial tenancies

Regulations have been passed to assist commercial tenancies affected by COVID-19. If a lessee has suffered financial hardship as a result of COVID-19, a lessor cannot take action on the grounds of a breach of the lease for a prescribed period.  For more information read “Essential Information for Lessees and Lessors dealing with COVID-19” on the Small Business Commissioner’s website.  View the COVID-19 Emergency Response (Commercial Leases) Regulations 2020.

COVID-19 updates for personal injury lawyers

Pinned post

The Society has created a webpage which contains the latest COVID-19 updates relating to personal injury law, including workers compensation. Visit the webpage

Attendances at the South Australian Employment Tribunal

Posted 12 June 2020

Please find attached a letter of 11 June 2020 from the Hon President Justice Dolphin. It advises that from Monday 15 June 2020, the Tribunal will start a period of transition from some of the practices adopted as a result of the COVID-19 pandemic. Those practices are outlined in the letter.

In line with governmental guidelines, some of the practices previously adopted will remain in place as measures to reduce the need for personal attendances at the Tribunal and to ensure safe social distancing in the precincts, waiting areas, conference rooms and courtrooms of the Tribunal’s two floors.

 

Workers compensation timeframes for claims for medical expenses

Posted 8 May 2020

The Accident Compensation Committee has noted that practitioners in workers compensation may have been approached by clients who have had surgery arrangements postposed because of bans or restriction of elective surgery during the COVID-19 pandemic.

There is a strict time-frame within which medical expenses incurred in relation to work injuries can be claimed from compensating authorities. That time-frame appears in s33(20) of the Return To Work Act, 2014 (RTWA) – and is a twelve month period beyond the end of any entitlement to weekly payments.

If surgery cannot or may not be performed within that time frame – or post-surgical treatment and rehabilitation cannot be undertaken and concluded within that time frame, then application can be made pursuant to s33(21(b)(ii) of the RTWA for the timeframe to be extended. That application must be made before the end of the s33(20) period.

Practitioners should consider the Reasons for judgment of the Full Court in Return To Work v Karpathakis; Return To Work v Rudduck – [2018] SASCFC 45 and the Full Bench of the SAET in Soldi v Wesfarmers Ltd (Return To Work SA Intervening) – [2019] SAET 241.

Assessments for Motor vehicle injuries

Posted 1 May 2020 

The Society has been working with the CTP Regulator to ensure that the COVID-19 pandemic does not impact the rights of persons injured in motor vehicle accidents. The Society met with the CTP Regulator on 16 April to discuss its concerns with respect to medical and psychiatric assessments as well as receive an update as to what measures the Regulator has put in place to deal with COVID-19. The Society was consulted by the CTP Regulator with respect to the undertaking of Injury Scale Value (ISV) and Guide for the Evaluation of Psychiatric Impairment for Clinicians (GEPIC) assessments by psychiatrists using video conferencing/audio visual link.

Letter to the CTP Regulator: Psychiatric assessments conducted by AVL

RTWSA to recommence permanent impairment assessments

Posted 1 May 2020 

The Society is pleased to announce that RTWSA will be recommencing referring workers for permanent impairment assessments from Monday 4 May 2020. Workers who, for personal reasons, do not wish to proceed with an assessment of their permanent impairment at this time will suffer no adverse claim consequences. RTWSA has advised that it is its expectation that assessors will continue to ensure workers are appropriately screened before commencing any physical assessment. Read RTWSA's response to the Society | Read the Society’s letter to RTWSA

Amendments to the Legal Services Award 

Posted 9 April 2020 

The Fair Work Commission has confirmed that the Legal Services Award (among other Modern Awards) has been amended in response to the COVID-19 pandemic. Read More (Members Only)...

COVID-19 Emergency Response (Commercial Leases No.2) Regulations 2020; and
Changes to the Development Act 1993 within the COVID-19 Emergency Response (Further Measures) Amendment Act 2020

Posted 15 May 2020 

The COVID-19 Emergency Response (Commercial Leases No.2) Regulations 2020 and COVID-19 Emergency Response (Further Measures) Amendment Act 2020 which contains change to the Development Act 1993 were gazetted and came into effect on 15 May 2020.

The Society made two submissions to the Attorney-General in relation to the adoption of the National Cabinet Mandatory Code of Conduct regarding SME Commercial Leasing Principles During COVID-19 (“the Code”). Refer the submissions of 8 May 2020 and 12 May 2020.

The submissions were prepared at the instigation of and with the assistance of its Property Committee, which expressed concerns that the current measures did not make any provision for rent relief to a tenant suffering hardship due to the COVID-19 pandemic. In its submission of 12 May 2020 the Society noted the proposed regulations failed to adequately reflect the Code and address uncertainties for parties trying to negotiate commercial lease terms during the COVID-19 pandemic.  

The Regulations refer to the provisions of the National Cabinet Mandatory Code of Conduct – SMA Commercial Leasing Principles During COVIC-19 published on 7 April 2020 available here. The Small Business Commissioner (SBC) has summarised the import of the Regulations on the SBC website. The document includes a “COVID-19 Guidance Note – Commercial Information” produced by the SBC for parties to a lease in relation to the provision of financial information to assist negotiations.

GST at settlement - What to do during COVID-19 closedown 

Posted 7 April 2020 

The Australian Taxation Office has provided advice in relation to GST at settlement procedures during COVID-19 for buying or selling new residential property or land. Read More (Members Only)...

Standard Property Documents - COVID-19 Annexures

Posted 3 April 2020 

The Property Committee has prepared COVID 19 Annexures for each of the residential and non-residential Contracts of the Sale and Purchase of Land, which are available to those who subscribe to the Society’s suite of Standard Property Documents. Visit the Standard Property Documents page to subscribe and access the annexures.

 

Australian Registrars National Electronic Conveyancing Council

Posted 24 March 2020

Please find attached a statement from the Australian Registrars National Electronic Conveyancing Council. It provides guidance in relation to concerns regarding the face-to-face identity verification regime and signing of Client Authorisations. 

Land Services SA

Posted 23 March 2020 

The Registrar-General has advised that the Settlements Room and the overflow Room at Grenfell Street would close at 5pm today. Refer Customer Information Bulletin No 340, published today.
 
Land Services SA has subsequently released a Customer Bulletin, “Dealing with Residual Paper Settlements”, designed to assist in dealing with residual paper settlements.  It is reproduced below.
 
Earlier this morning a teleconference was facilitated by AICSA to work through the near-term logistical matters that have arisen as a consequence of the closure of the Settlements Room at 101 Grenfell Street Adelaide.
 
This meeting was attended by representatives from Land Services SA, the Office of the Registrar-General, conveyancers, lawyers, financial institutions, Electronic Lodgement Network Operators and broader market participants.
 
The below information is provided to assist in dealing with residual paper settlements over the coming weeks, however these arrangements may change with very little notice as the COVID-19 situation evolves. As such, where possible, clients should be converting settlements to the digital channel.
 
Settlements will be split across multiple locations to restrict the number of people gathering in accordance with Government and health guidelines. The agreed protocol will be to attend the premises of the Discharging Mortgagee or Vendor if the property is unencumbered.   Please CLICK HERE to view SAI Global’s customer notice.

For your own health and safety, it is strongly encouraged that where possible, all work in progress be converted and lodged electronically, and that you reconsider attending the residual paper settlements in person if you are feeling unwell.
 
We appreciate that there are many concerns around COVID-19 and we wish to reassure you that the maintenance of a healthy and safe environment and the protection of our employees and customers remain our priority. To maintain the safety of our staff, other customers and tenants of 101 Grenfell Street, we ask clients not to congregate in large groups in our foyer or other common areas of the 101 Grenfell Street tenancy.
 
Land Services SA continues to monitor the quickly evolving circumstances and will notify you of any changes to our services in response to COVID-19.

Registrar General – Closure of the Settlements Room – 5pm today!

Posted 20 March 2020 

The Registrar-General has advised today that the Settlements Room and the overflow Room at Grenfell Street will close at 5pm today.  At this stage, the Drop & Go and face-to-face lodgment services provided by Land Services remain unchanged.  Refer Customer Information Bulletin No 340, published today.

Conveyancing practices 

Posted 18 March 2020 

Practitioners who practise in conveyancing should keep in mind the potential for the spread of COVID-19 to disrupt the industry including Lands Titles dealings and the finance of these.  Any disruption to these processes may also lessen the client experience which may reflect badly upon the practitioner including his or her firm.  Given the potential for this disruption, the Society recommends practitioners consider remote electronic dealings with the land registry wherever this is possible.  Electronic lodgement provides a wide range of flexibility and is a worthwhile risk abatement measure as the practitioner, including his or her staff, will be able to avoid attendance in the LTO settlement room which is not only a constrained area but can be densely populated from time to time. 
 
Practitioners are referred to the web page of each of PEXA and Sympli in order to familiarise themselves with the range of online lodgement services that are available, and also, the procedure to subscribe to these services.  Furthermore, practitioners should be alert to any directions which may issue from the Office of the Registrar General or Land Services SA.  Customer Information Bulletin #339 from Land Services SA is attached.

COVIC-19 Emergency Response (Bail) Amendment Act 2020

Posted 8 May 2020

The COVID-19 Emergency Response (Bail) Amendment Act 2020, which amends the COVID-19 Emergency Response Act 2020, was assented to and commenced on 7 May 2020. View the Bill.

The Act expands the classes of offences where a presumption against bail exists via amendment of section 10A definition of the Bail Act 1985.   The new offences include serious criminal trespass in residential and non-residential premises and criminal trespass in a place of residence; and aggravated offences against those employed in prescribed occupations (such as emergency worker, medical or other health practitioners, passenger transport workers, police support workers, court security officers and bailiffs)

The provisions will expire at the earliest from six months from the commencement of the COVID-19 Emergency Response Act 2020 or when there is no longer an emergency declared.

The Society provided its views on the Bill to the Attorney-General on May 2020, concluding the Bill was not only likely to be ineffective in deterring the commission of offences but would have a number of unintended and negative consequences.  The Society noted the COVID-19 Emergency Response Act 2020 (and the Emergency Management Act 2004 (SA) generally) provides the State Coordinator with extremely broad and coercive powers to deal with matters arising from COVID-19.  In the Society’s view the use of emergency powers to interfere with bail laws is an inappropriate use of these powers. 

Director of Public Prosecutions - trial by judge alone 

Posted 24 March 2020

The Society has been advised by the DPP to encourage Members who currently have matters waiting to be heard by judge alone, to contact the DPP in order to bring such matters forward. The DPP currently has capacity to fast track such matters in the absence of jury trials. 

 

Department for Correctional Services - important information for visitors

Posted 23 March 2020 

The Department for Correctional Services has advised it will suspend all personal prison visits from Monday 23 March 2020.

Professional visits booked from 8am today will be reduced to 50% with the following precautions:

• 1 adult visitor per prisoner
• Prisoner and visitor must sit opposite each other
• No ‘personal’ contact (handshakes, hugs, kissing etc)
• No sharing of food and water bottles.

Professional visitors who are feeling unwell, have been overseas or had contact with a person with confirmed COVID-19 within the last two weeks and are required to self-isolate, are not allowed to visit any DCS prisons.

 

ODPP Arrangements 

Posted 20 March 2020 

Please find attached a letter of 20 March 2020 from the Director of Public Prosecutions, Martin Hinton QC. It advises the working arrangements of the ODPP and assures that despite arrangements for legal staff to work from home, it will be ‘business as usual’ subject to controls implemented by the Courts Administration Authority.  

The Society is closely following the situation as the COVID-19 pandemic continues to escalate in Australia and around the world. We are continuing to take measures to accord with those recommended by the Australian and South Australian Governments.

Some Law Society staff have moved back to working in the office, with others still working from home until restrictions ease.  Email contact with Staff Members and services is preferred. The standard contact email addresses for key services are

Ethics Enquiry Service 

Member Services

Litigation Assistance Fund

Law Claims

Murray Law Library

The following measures are presently in place. It is “business as usual” for the services not identified below as having changed arrangements, until such time as we advise otherwise.
  
CPD, Conferences and training sessions

CPD sessions are being delivered by webinar only.  Please select the “Attend via webinar” option when registering, or if you were already registered your registration has been automatically transferred to webinar attendance and you will have received an email to advise this.  Should you be unable to attend via webinar please respond to the email in order to obtain a refund.   
 
Committee meetings

No Committee meetings will be held face-to-face, until further notice. Arrangements have been made for Committee meetings to be postponed, cancelled or held via email or teleconference. 
 
Member social events

All social events have been cancelled or postponed.  Registrants for the events have been contacted by email.
 
External room hire

All room hire bookings have been cancelled and no bookings will be taken until after the end of April (this date subject to review). 
 
Ethics and Practice visits and legal practice advice

Trust Account inspections have been postponed or are being completed remotely, eg via correspondence if appropriate.  The relevant law practices have been separately contacted.
 
Law practices should make arrangements to comply with Australian Government advice in relation to COVID-19 measures, which will depend upon their circumstances If legal practitioners have any concerns about practice arrangements as a result of the spread of COVID-19 please do not hesitate to contact the Ethics and Practice Unit of the Society by phone 8229 0200 or email for advice.
 
GDLP

The Society is following the practice adopted by the University of Adelaide in relation to the teaching of the GDLP Course.
 
Advisory Service

The Advisory Service has been suspended until further notice.

LPEAC Guidelines - Temporary amendments to MCPD requirements and Remote Supervision Arrangements for PLT Students and Category C (Restricted) PC Holders during COVID-19 Restrictions

Posted 2 April 2020 

As a result of COVID-19 personal contact restrictions the Legal Practitioners Education and Admissions Council (LPEAC) has both amended the MCPD Scheme requirements and also issued temporary guidelines for the remote supervision of PLT students and Category C (restricted) practising certificate holders as is set out below:

The temporary amendments to the MCPD Scheme include the following:

• extending the deadline for compliance with the Mandatory Continuing Professional Development requirements for the CPD year commencing on 1 April 2019 to 30 June 2020.

  
  

• removal of the 5 CPD unit maximum limit that ordinarily applies to the viewing or listening to material for, a multi-media, web-based or recorded program.

(Notwithstanding the extension of time practitioners are encouraged to complete their prescribed MCPD as soon as possible (noting that there is no limit on the number of units claimed for pre-recorded or web-based material which can be accessed from home) so as not to delay or impede the renewal of practising certificates on 1 July 2020)

Click here for the guidelines for Remote Supervision of PLT students.

Click here for the guidelines for Remote Supervision of Category C (Restricted) PC holders.

Please send an email to the Ethics and Practice Unit of the Society at ethicsandpractice@lawsocietysa.asn.au if you have any questions, for example if you may need to seek an intimation due to inability to complete MCPD points.   

CPD Webinars 

Posted 19 March 2020 

The Law Society is providing all upcoming CPD sessions by webinar.

Information and resources 

The Australian Government is continually updating its COVID-19 advice, information and resources, COVID-19. We advise Members to check for current information, including at :

• Australian Government Department of Home Affairs Travel Restrictions 
• Australian Government Department of Health Coronavirus (COVID-19) health alert (updated daily)
• Australian Government COVID-19 Essential Information 
• Australian Government Department of Health Isolation Guidance
• The National COVID-19 Coordination Commission online planning toolkit for COVIDSafe Business Plans
• The Australian Government’s National COVID-19 safe workplace principles
• The Safe Work Australia online hub, which provides a range of resources and guidance tailored to each state and territory jurisdiction.

or call the National Coronavirus Health Information Line on 1800 020 080. It operates 24 hours a day, seven days a week. If you have concerns about your health, speak to your doctor.

Video Conferencing 

Posted 8 April 2020 

With the move to remote working and physical distancing, the rise in the use of video conferencing software platforms such as Zoom, Microsoft Teams, WhatsApp, FaceTime and Skype has highlighted the potential cyber security challenges that organisations face in using these platforms securely. Zoom in particular Read More (Members Only)...

Cyber Security

It has been widely reported that cyber criminals have come up with new scams trying to take advantage of the Covid 19 situation, for example, by sending phishing/malware emails disguised as health updates and the like. Even though practitioners will have a myriad of things to do at the moment, it is no time to let your guard down with respect to cyber security, so all the usual warnings about checking and double checking before clicking on links etc still apply, with even more force at the moment.

In addition, with the expansion of remote working over the last few weeks, which no doubt will only continue, it is important to recognise that the device you use remotely (phone, tablet or laptop) might not have the same security as your main office computer. Before you conduct work on such a device you must ensure that it (as well as your office network of course) is secure. It is also important to be aware that wireless networks present their own security issues (ie public networks are generally not secure) so only use secure wireless networks.

Legal Services Commission Update  

Posted 2 April 2020 

The Legal Services Commission (LSC) has written to the Society to advise they have introduced a range of measures in the operation of the Commission. These include arrangements for staff of the LSC to work from home to enable the Commission to continue to provide services to clients and practitioners throughout this period.

The LSC will now aim to make EFT payment runs on a weekly basis. If you are able to submit invoices on a timely basis, via email grants@lsc.sa.gov.au they will be processed within seven working days.

Non-urgent enquiries should be made by email to lsc.correspondence@lsc.sa.gov.au. Urgent matters can be emailed to grants@lsc.sa.gov.au.

The lodgement of applications for legal aid should be online in all cases. A new online application form is now available on the Commission website.

Legal Services Commission arrangements 

Posted 26 March 2020 

The Legal Services Commission has updated its COVID-19 information relating to its services. Updates from the Legal Services Commission can be found on the Commission's website. 

Legal Services Commission arrangements 

Posted 23 March 2020 

The Legal Services Commission is continuing to provide legal assistance, advice, information and representation to the SA community. However, in response to the coronavirus, the Commission has implemented temporary changes to the way it delivers some services.

To reduce the potential transmission of the virus, the Commission is moving away from face-to-face meetings with clients wherever possible and instead providing assistance by phone and online. Information and assistance can be obtained in a number of ways:

• For free legal advice of a general nature, the Commission can be contacted on 1300 366 424 on workdays between 9am and 4:30pm.

• For non-urgent issues, general legal information and resources, please see the Commission’s website.

• To chat online with LSC lawyers during business hours, click the Legal Chat icon on the Commission’s website.

• The 24Legal service and Law Handbook also provide online answers to a range of common legal questions.

The Commission will continue to provide regular updates to its clients, staff, partners and the public about any significant changes to its services. 

Professional Standards Scheme 

Posted 24 March 2020

A reminder to all practitioners and firms participating in the Professional Standards Scheme – even if you are remote working you still need to meet the disclosure requirements for the Scheme. This means that all email and written correspondence needs to include the disclosure statement: “Liability limited by a scheme approved under professional standards legislation.” Please add this to your working from home protocols. As always, if you need assistance with this or any other aspect of the Professional Standards Scheme please ring Mia Bell on 8229 0225 or email mia.bell@lawsocietysa.asn.au.