this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

2020 LIV Council Elections

Nominations are open until 5pm, Wednesday 7 October.

Learn More

Information & Advice from the Courts

Joint Statement Victorian Courts and VCAT: Stage 4 Coronavirus (COVID-19) Restrictions (6 August 2020)

Important Health & Safety Measures: Face masks in Victorian courts and tribunals (15 July 2020)

Based on current health advice, anyone attending the Supreme Court, County Court, Magistrates' Court and tribunal buildings will be expected to wear face masks when they are moving around. If people are physically distanced and stationary (for example standing to address the Court) they can remove the mask. Disposable masks are available at entry points.

Administrative Appeals Tribunal

Letter from Justice D G Thomas to Bar and Law Society Presidents- Administrativer Appeals Tribunal Practice Directions (27 April 2020)

COVID-19: AAT Practice Direction (2 April 2020)

COVID-19: Temporary changes to our services (25 March 2020)

Children's Court

See the See the latest updates and information from the Children's Court of Victoria, HERE.

Through consultation between the Law Institute of Victoria, Victoria Legal Aid, Victoria Police and the Office of Public Prosecutions, the following processes have been agreed upon for the implementation of the ‘on the papers’ options set out in the Children’s Court Practice Directions 4 and 5 of 2020 for unopposed bail variations and diversions:

Practice Direction 2 of 2020 Issued (24 March 2020)
This Practice Direction is issued pursuant to Section 592 of the Children, Youth and Families Act 2005 and introduces temporary measures necessitated by the COVID-19 pandemic. This Practice Direction applies to all Criminal Division proceedings filed in the Children's Court throughout Victoria with effect from 25 March 2020.

Practice Direction 1 of 2020 Issued (23 March 2020)
This Practice Direction is issued pursuant to Section 592 of the Children, Youth and Families Act 2005 and introduces temporary measures necessitated by the COVID-19 pandemic. This Practice Direction applies to all Family Division - Child Protection proceedings filed in the Children's Court throughout Victoria with effect from 24 March 2020.

Public Notice: COVID-19 Measures (23 March 2020)

COVID-19 Response - media release - Children's Court (20 March 2020 - PDF)

County Court

See the latest updates and information from the County Court of Victoria HERE.

eCase

eCase allows subpoenaed addressees to respond to a subpoena, and lodge and withdraw objections. Parties can then use eCase to request to inspect subpoenaed material, lodge and withdraw objections, and view and download subpoenaed material. This allows subpoenaed addressees and parties to a matter to easily lodge and access important information to their case.

County Court Cells - Phones Process (2 Septmber 2020 - PDF)

Defence / appellant Webex notification form for pre-trial hearings and conviction appeals (2 September 2020 - DOC Download)

Prosecution/ respondent Webex notification form for pre-trial hearings and conviction appeals (2 September 2020 - DOC Download)

Term 4 Melbourne Criminial Jury Trials - County Court of Victoria (31 August 2020)

Alert - Resumption of County Koori Court (25 August 2020 - PDF)

Memorandum: Stage 4 Restrictions - Criminal Division (10 August 2020)

Trial by Judge Alone - Emergency Protocol COVID-19 (23 July 2020 - PDF)

Application for Indemnity Certificate - Notice (23 July 2020 - PDF)

Status of the County Koori Court (22 July 2020 - PDF)

Masks in Court - Based on current healh advice, anyone in Victoria's courts or VCAT buildings will be expected to wear face masks (15 July 2020)

Jury Trials - Statement from the Chief Justice of teh Supreme Court and Chief Judge of the County Court (8 July 2020 - PDF)

Emergency protocol COVID-19: emergency case management model protocol two (18 May 2020 - PDF)

Contravention of community correction order hearings: emergency protocol COVID-19 (12 May 2020 - PDF)

Emergency Protocol COVID-19 - Robing for Hearings (08 May 2020 - PDF)

Emergency protocol COVID-19: Relisting of Melbourne criminal trials (6 May 2020)

Circuit criminal and appeal listings protocol: COVID-19 response (6 May 2020)

County Court: Emergency Protocol - Trial by judge alone (1 May 2020 - PDF)

County Court: Commercial Division response to COVID-19 (1 May 2020 - PDF)

County Court Circuits: Appearances for criminal matters (COVID-19) (30 April 2020 - PDF)

Notice to Addressees: Electronic submission of subpoenaed material (23 April 2020 - PDF)

Notice to Parties and Solicitors: Electronic submission of subpoenaed material (23 April 2020 - PDF)

County Court Commercial Division response to COVID-19 (16 April 2020)

County Court: Arrangements and expectations of the Common Law Division (15 April 2020)

County Court Emergency Case Management Protocol (9 April 2020)

 

<a covid19="" data-cke-saved-href=" pdf=" href=" pdf=" professional-practice=" target=" _blank"="">County Koori Court Suspension Practice Direction (27 March 2020 - PDF)

Letter to County Koori Court Stakeholders re Suspension of County Koori Court (27 March 2020 - PDF)

County Court: Divisional and List Responses to COVID-19 - Version 1 (20 March 2020 - PDF)

COVID-19 Response - media release - County Court (20 March 2020 - PDF)

Major changes to operations (20 March 2020)

Practice Notes - Instructions for the use of videoconferencing:

Court Services Victoria

Court Services Victoria COVIDSafe Plan (13 August 2020)

Protocol for notification of COVID-19 cases (12 August 2020 - PDF)

Changes to the security entrance processes in response to COVID-19 - LIV Member Cards - Exemption from all Court Security Screenings (14 April 2020 - PDF)

To replace an expired LIV photo ID member card

Members who wish to receive a re-issue of their membership card due to their current card expiring at 30 June 2020, are required to send their request via email to membership@liv.asn.au once they have renewed their LIV membership for the 2020/21 year. Members are not required to resend photos however, must provide a preferred mailing address for distribution.

UPDATE 30 July 2020 - Due to COVID-19, and some positive cases identified at our offices at 140 William Street, we are currently unable to access our premisies to dispatch member cards. Current member cards that expired 30 June will be accepted up to the 30 August 2020.

To obtain an LIV photo ID member card

Please send the details below to membership@liv.asn.au

  • Your LIV member number
  • Your name as per your practising certificate
  • Your daytime contact details
  • A copy of your driver’s licence (photo is acceptable) to verify identity 
  • A clear and good quality passport photo file attachment, please take the photo of your full face with a white background
  • A preferred mailing address where your card will be posted to you.

Statement from the Chief Justice of Victoria (20 March 2020)

Victorian courts and Victorian Civil and Administrative Tribunal (VCAT) are now actively changing the way they operate in response to the COVID-19 pandemic, moving to a position where appearances will be managed through the electronic and digital environment. Download PDF.

Family Court of Australia

See the lastest COVID-19 updates and information from the Family Court of Australia HERE.

See the dedicated page for all COVID-19 information for the profession HERE.

The Family Court welcomes proposed legislative changes that will lead to improved risk screening (28 August 2020)

Letter from the Chief Justice of the Family Court of Australia and Chief Judge Federal Circuit Court of Australia: Stage 4 Restrictions - Migration & GFL Hearings (25 August 2020 - PDF)

Special Measures in Response to COVID-19: Subpoena Inspection in the Melbourne and Dandenong Registries (21 August 2020 - PDF)

Message from Chief Justice Alstergren: Access to inspect subpoena material - Family Court of Australia and Federal Circuit Court of Australia (11 August 2020 - PDF) 

Statement to the Profession – Victorian Stage 4 Restrictions (5 August 2020)

Media Statement - COVID-19 Update: Victorian restrictions (8 July 2020 - PDF)

Update to the profession - COVID-19 Registrar and Child Dispute Services (CDS) Listing Measures and Arrangements (24 June 2020 - PDF)

Child Dispute Services (CDS) In-Person Interview Protocol (24 June 2020 - PDF)

Gradual resumption of face-to-face hearings in the Family Court of Australia and Federal Circuit Court of Australia from 15 June 2020.
UPDATE 30 June 2020: Given the recent outbreak of COVID-19 in Melbourne, all face-to-face hearings in the Melbourne and Dandenong Registries will be suspended until further notice. The safety of staff, judges and litigants remain our first concern. Updates will be provided in due course.
Updated Face-to-Face Protocol (12 June 2020 - PDF)

Information Notice - The National Arbitration List (15 May 2020)
In addition, there have been minor amendments to the arbitration forms to include the provision for filing in the Federal Circuit Court. The forms are now available on the Federal Circuit Court website, as well as the Family Court website, and include:

Announcement of important innovations in child abuse, family violence and risk notification, screening and assessment, and update on the COVID-19 Lists (8 May 2020 - PDF)

Notice of child abuse, family violence or risk Sections 67Z, 67ZBA, 69ZQ(1)(aa) (8 May 2020 - PDF) 

Joint Practice Direction 3: JPD 3 of 2020 – The COVID-19 List. (28 April 2020 - PDF) 

Family Court of Australia and Federal Circuit Court of Australia launch new urgent COVID-19 Lists (28 April 2020)

Practitioner guide to electronic Alternative Dispute Resolution (27 April 2020)

Media Release - The courts launch COVID-19 List to deal with urgent parenting disputes (26 April 2020)

Guide for Practitioners and Litigants to Virtual Hearings and Microsoft Teams and other MS Teams tips (22 April 2020)

Special Measures Information Note - Appellate Division of the Family Court of Australia (14 April 2020)

COVID-19: Update to CDS (Child Dispute Services) Interview Protocol (3 April 2020 - PDF)

Joint Practice Direction 2 of 2020 - Special Measures in Response to COVID-19 (31 March 2020)

Practice Direction: PD2 of 2020 - Electronic Filing, Annexures to Affidavits and Viewing of Subpoenas (19 March 2020 - PDF)

Update to the Profession: COVID-19 Measures and Listing Arrangements (19 March 2020 - PDF)

Urgent new arrangements for the listing of matters in the Family Court of Australia and Federal Circuit Court of Australia (Covid-19)

Media Release - Family Court of Australia and Federal Circuit Court of Australia prioritise urgent and critical cases as impact of COVID-19 escalates

Federal Circuit Court of Australia

See all the latest COVID-19 updates and information from the Federal Circuit Court of Australia HERE.

See the dedicated page for all COVID-19 information for the profession HERE.

The Federal Circuit Court welcomes proposed legislative changes that will lead to improved risk screening (28 August 2020)

Letter from the Chief Justice of the Family Court of Australia and Chief Judge Fedral Circuit Court of Australia: Stage 4 Restrictions - Migration & GFL Hearings (25 August 2020 - PDF)

Special Measures in Response to COVID-19: Subpoena Inspection in the Melbourne and Dandenong Registries (21 August 2020 - PDF)

Message from Chief Justice Alstergren: Access to inspect subpoena material - Family Court of Australia and Federal Circuit Court of Australia (11 August 2020 - PDF) 

Statement to the Profession – Victorian Stage 4 Restrictions (5 August 2020)

Media Statement - COVID-19 Update: Victorian restrictions (8 July 2020 - PDF)

Update to the profession - COVID-19 Registrar and Child Dispute Services (CDS) Listing Measures and Arrangements (24 June 2020 - PDF)

Child Dispute Services (CDS) In-Person Interview Protocol (24 June 2020 - PDF)

Gradual resumption of face-to-face hearings in the Family Court of Australia and Federal Circuit Court of Australia from 15 June 2020
UPDATE 30 June 2020: Given the recent outbreak of COVID-19 in Melbourne, all face-to-face hearings in the Melbourne and Dandenong Registries will be suspended until further notice. The safety of staff, judges and litigants remain our first concern. Updates will be provided in due course.
Updated Face-to-Face Protocol (12 June 2020 - PDF)

Information Notice - The National Arbitration List (15 May 2020)
In addition, there have been minor amendments to the arbitration forms to include the provision for filing in the Federal Circuit Court. The forms are now available on the Federal Circuit Court website, as well as the Family Court website, and include:

Joint Practice Direction 3: JPD 3 of 2020 – The COVID-19 List: Family Court of Australia and Federal Circuit Court of Australia launch new urgent COVID-19 Lists (28 April 2020 - PDF)

Practitioner guide to electronic Alternative Dispute Resolution (27 April 2020)

Media Release - The courts launch COVID-19 List to deal with urgent parenting disputes (26 April 2020)

Guide for Practitioners and Litigants to Virtual Hearings and Microsoft Teams and other MS Teams tips (22 April 2020)

COVID-19: Update to CDS (Child Dispute Services) Interview Protocol (3 April 2020 - PDF)

Joint Practice Direction 2 of 2020 - Special Measures in Response to COVID-19 (31 March 2020)

Practice Direction: PD3 of 2020 - Electronic Filing and Viewing of Subpoenas (19 March 2020 - PDF)

Update to the Profession: COVID-19 Measures and Listing Arrangements (19 March 2020 - PDF)

Urgent new arrangements for the listing of matters in the Family Court of Australia and Federal Circuit Court of Australia (Covid-19)

Media Release - Family Court of Australia and Federal Circuit Court of Australia prioritise urgent and critical cases as impact of COVID-19 escalates (18 March 2020)

Federal Court of Australia

See all the latest updates and information from the Federal Court HERE.

Letter from Chief Justice Allsop: Federal Court of Australia COVID-19 Update 27 (4 August 2020 - PDF)

Letter from Chief Justice Allsop: Federal Court of Australia COVID-19 Update 25 (6 July 2020 - PDF)

Letter from Chief Justice Allsop: Federal Court of Australia COVID-19 Update 23 (22 May 2020 - PDF)
Template letter pertaining to above (22 May 2020 - PDF)

Letter from Chief Justice Allsop: Federal Court of Australia COVID-19 Update 22 ( 4 May 2020)

Federal Court: Notice of Independent Review (28 April 2020)

Letter from the Chief Justice Federal Court of Australia to Bar and Law Society Presidents - Coronavirus (COVID-19) - Update 19 (17 April 2020- PDF)
The Hague conference has now published through the Permanent Bureau a Guide to Good Practice on the Use of Video-Link under the Evidence Convention.(PDF)

Practice Notes - Special Measures in Response to COVID-19 (SMIN-3) (7 April 2020 - PDF)

Letter from the Chief Justice Federal Court of Australia to Bar and Law Society Presidents - Coronavirus (COVID-19) - Update 16 (7 April 2020- PDF)

Letter from the Chief Justice Federal Court of Australia to Bar and Law Society Presidents - Coronavirus (COVID-19) – Update 13 (31 March 2020 - PDF)

Practice Notes - Special Measures in Response to Covid-19 (SMIN-1) (23 March 2020)

Federal Court of Australia: Conducting hearings using Microsoft Teams (20 March 2020 - PDF)

Federal Court of Australia: Electronic Hearings- Frequently Asked Questions (20 March 2020 - PDF)

Magistrates’ Court

See the latest updates and information from the Magistrates' Court of Victoria HERE.

  •  Virtual background to be used in Online Magistrates’ Court (OMC) hearings - Download here.

OMC-participant-background-(1).jpg

Participants are encouraged to use the above image of a courtroom as a virtual background. To upload the background image in Webex: in self-view window, select the Video options icon, select Change Virtual Background. Select the + icon and locate the pre-saved image.

Through consultation between the Law Institute of Victoria, Victoria Legal Aid, Victoria Police and the Office of Public Prosecutions, the following processes have been agreed upon for the implementation of the ‘on the papers’ options set out in the Magistrates’ Court Practice Directions 8-11 of 2020 for summary pleas, unopposed bail variations, sentence indication hearings and diversions:

Magistrates' Court Support Services program update for lawyers (7 May 2020)

Magistrates' Court Hearing Notices Advisement (1 May 2020)

The Magistrates’ Court is currently re-fixing dates for criminal matters listed on the nominal date 15 June 2020. Please note the following timeframes. The online court list (EFAS) will display all re-fixed dates by 14 May 2020. Hearing notices with the re-fixed dates will be posted to accused persons and solicitors from 18 May 2020. Solicitors will receive the same letter as the accused person. Please advise your clients that no appearance is necessary at the relevant Magistrates’ Court on 15 June 2020.

See all Practice Directions from Magistrates Court (Updated 8 April 2020):

Supreme Court

See the latest COVID-19 updates and information from the Supreme Court of Victoria HERE.

Fast-tracking Homicide Matters to the Supreme Court (20 August 2020)

Message from Chief Justice Anne Ferguson: Communication to LIV President on behalf of the Supreme, County, Magistrates' and Children's Courts (21 August 2020 - PDF)

New Health and Safety Measures: Anyone in Victoria’s court or tribunal buildings will be expected to wear face masks when they are moving around in a court building (15 July 2020)

UPDATE: Jury Trials - Statement from the Chief Justice of the Supreme Court and Chief Judge of the County Court (8 July 2020 - PDF)

Supreme Court Practice Note SC CR 10 - Children in Custody Attending Court (1 June 2020 - PDF)

Supreme Court: Criminal division trial by judge alone COVID-19 emergency protocol (1 May 2020)

Supreme Court: Guidance for civil proceedings due to COVID-19 (15 April 2020)

Updates to Regional Court Work and Circuit Court Sittings due to Coronavirus (6 April 2020)

Changes to the Probate Office: Applications to be sent by post | Delayed launch of RedCrest-Probate (30 March 2020)

Fast-Tracking Homicide Matters into the Supreme Court (25 March 2020)

Media Release - Supreme Court changes in response to COVID-19 (20 March 2020 - PDF)

New jury trials suspended from Monday 16 March (15 March 2020)

VCAT

See the latest COVID-19 upates and information from VCAT HERE

VCAT Summons Process During COVID-19 (23 July 2020):

VCAT Planning and Environment Division COVID-19 Digital Response Program (19 July 2020)

Update on VCAT hearings (14 May 2020)
VCAT hearings during coronavirus restrictions. From 18 May 2020, VCAT will be progressing currently listed matters using telephone or video conferencing where they can reasonably proceed. Visit the VCAT website for more information.

Communication from VCAT: Extension on non-critical VCAT adjournments (1 April 2020)
VCAT has extended the adjournment of all non-critical matters up to and including 15 May 2020 to a date to be fixed.
VCAT is working hard to hear more cases via phone and other technologies. We will contact all parties about their matter, including if a case can be heard earlier. We are still hearing Residential Tenancy and Guardianship matters as well as other critical matters by phone.
VCAT venues are closed to the public including VCAT Magistrates' Court counters and no face-to-face hearings are being scheduled. Hearings from hospital beds have been suspended and will be conducted by teleconference.
VCAT appreciates the uncertainty this decision will cause a lot of our stakeholders. We are still accepting all relevant matters and will contact you to discuss potential hearing dates. Visit the VCAT website for further information.

Communication from VCAT: Non-critical VCAT matters adjourned (20 March 2020)
As part of VCAT's response to the COVID-19 pandemic and in the interests of public safety, no face-to-face hearings are being scheduled, and all non-critical cases which are listed up to and including 17 April 2020 will be adjourned for the foreseeable future. We appreciate the uncertainty this causes a lot of stakeholders, and ask for your patience and understanding in this unprecedented situation. VCAT will still be hearing critical Residential Tenancy and Guardianship cases during this time. However from 17 March we suspended hearings from hospital beds to protect vulnerable members of our society. These hearings will now be conducted by teleconference. VCAT is working hard to develop alternative measures to face-to-face hearings. We will keep you updated as works progress.

Other / General Information

Joint Statement Victorian Courts and VCAT: Stage 4 Coronavirus (COVID-19) Restrictions (6 August 2020 - PDF)

COVID-19 - Interim phone measures for legal sector to facilitate client contact (8 May 2020 - PDF)