COVID-19 response: onsite attendance of the profession and other
court users
COVID-19 response
Onsite attendance of the profession and other court users
DOCUMENT CONTROL
Details
Document type
Emergency Protocol COVID-19
Authorised by
Chief Judge Kidd
Notes
This protocol provides for:
onsite attendance of the profession and court users (Criminal
Division)
onsite attendance of the profession and other court users
(Common Law and Commercial Divisions).
Release history
Version
Date
Author
Summary of changes
1.0
8/4/2021
Chief Judge Kidd
Document created
CONTENTS1.Background42.Procedural and transactional hearings
(all divisions)43.Substantive hearings: Commercial and Common Law
Divisions4Practitioners4Other court users4Discretion44.Substantive
hearings: Criminal Division4Practitioners4Other court
users5Discretion5
Background
Consistent with the easing of restrictions announced by the
Victorian Government, the Court has decided to allow for the
increased physical attendance of practitioners (and to some degree
other court users) as of 12 April 2021, subject to courtroom
availability.
Constraints in relation to onsite attendance will, however,
continue, as:
Social distancing remains in place (1.5m).
Quotient limits within all areas of the Court (1 person per 2
square meters) remain in place.
It is important that congregations of large groups still be
avoided, such as in the entrance foyer, lifts, and courtrooms.
There are now significant courtroom capacity pressures on the
Court. Up to 28 (of 54) courtrooms are now dedicated to the conduct
of criminal jury trials. This is the greatest challenge in getting
matters back into the courtroom.
Staggering listings across the day will assist in mitigating the
above challenges.
Procedural and transactional hearings (all divisions)
Across all divisions, procedural and transactional hearings such
as directions, mentions, summons, subpoena, short applications, and
matters by consent will continue to be conducted remotely.
Substantive hearings: Commercial and Common Law
DivisionsPractitioners
As of 12 April 2021, the default position is that practitioners
for any multiple day matter in Melbourne may attend in person.
Single day matters will remain remote.
Other court users
The attendance of other court users will be determined on a case
by case basis.
Discretion
Attendance at the Court is ultimately at the discretion of the
presiding judge. This will be guided by factors such as whether the
relevant physical attendance is necessary and appropriate in the
particular case, having regard to the capacity for remote
participation.
Substantive hearings: Criminal DivisionPractitioners
As of 12 April 2021, the default position is that practitioners
for all substantive matters at Melbourne, irrespective of length,
may attend in person. This includes all pleas, sentences, contested
bail applications and variations, contravention hearings, pre-trial
evidence, argument, conviction and sentence appeals, and judicial
monitoring.
Other court users
The attendance of other court users will be determined on a case
by case basis.
Discretion
Attendance at the Court is ultimately at the discretion of the
presiding judge. This will be guided by factors such as whether the
relevant physical attendance is necessary and appropriate in the
particular case, having regard to the capacity for remote
participation.
County Court of Victoria |
