Special Measures Note in Response to COVID-19 (SMIN-5):
Appeals and Full Court hearings
29 April 2021
The Special Measures Information Note (SMIN-5) sets out the current arrangements for the conduct and management of appeals and Full Court hearings from 29 April 2021. Subject to the prevailing medical advice and travel conditions, Full Court hearings may now be conducted in person, online or by some hybrid combination having regard to the circumstances of the matter, court resources and any other relevant factor that may impact upon the appropriateness of conducting a hearing in person or electronically. Regardless of the mode of hearing, the Court requires the co-operation of all parties and their legal representatives to conduct themselves in a manner that is consistent with the overarching purpose: s 37M of the Federal Court of Australia Act 1976 (Cth).
Arrangements may be made for litigants, their instructing lawyers and counsel (if any) to attend a hearing via separate connections or for some persons to attend in person whilst others participate online. Any proposed arrangements or concerns regarding the conduct of a Full Court hearing should be directed to the National Listings Coordinator or the chambers of the judges of the Full Court at the earliest opportunity, in order that a safe and workable solution may be reached.