ByLawyers News and Updates

County Court – VIC

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Common Law Division Practice Note PNCLD 1-2025 takes effect in the County Court from 25 March 2025 and replaces 21 existing practice notes.

The new practice note, which stretches to 159 pages and includes a dictionary setting out key definitions, covers all the practices and case management expectations for all proceedings in the Common Law Division, including for the various specialist lists, and Appeals.

The new Common Law Division practice note supersedes the following practice notes:

  • PNCLD 1-2023 Common Law Division practice note
  • PNCLD 2-2023 Serious injury applications practice note
  • PNCLD 3-2022 WorkCover List practice note
  • PNCLD 4-2023 Family Property List practice note
  • PNCLD 5-2023 Medical List practice note
  • PNCLD 6-2023 Confiscation List practice note
  • PNCLD 7-2023 Defamation List practice note
  • PNCLD 8-2023 Adoptions, Surrogacy and Name Change List practice note
  • PNCLD 12-2023 Applications for approval of compromise practice note
  • PNCLD 13-2022 Applications by a solicitor for costs in work injury damages claims practice note
  • PNCLD 14-2023 Applications to file a notice of ceasing to act practice note
  • PNCLD 15-2023 Applications to take evidence by deposition practice note
  • PNCLD 16-2023 Information Technology (IT) practice note
  • PNCLD 17-2023 Judicial mediation practice note
  • PNCLD 18-2023 Subpoenas practice note
  • PNCLD 19-2023 Institutional Liability List practice note
  • PNCLD SP-2-2022 Suppression, pseudonym (and like) order applications practice note
  • PNCLD SA 2-2022 Applications for compensation under s85B of the Sentencing Act 1991 practice note
  • PNCLD SO 2-2022 Applications for supervision orders under the Serious Offenders Act 2018 practice note
  • PNCLD FV 2-2024 Family Violence and Personal Safety Intervention Order appeals practice note
  • PNCI 9-2021 eCase: electronic subpoenas practice note.

The specialist lists dealt with by the practice note are:

  • The Civil Claims lists: Serious Injury List; WorkCover List; Medical List; Institutional Liability List; Defamation List; Family Property List; and the General List.
  • Adoptions, Surrogacy and Name Changes List.
  • Confiscation List.
  • Appeals and Post Sentence Application List.

Commentary links for both Acting for the Plaintiff and Acting for the Defendant in the By Lawyers County Court (VIC) publication have been updated accordingly.

Magistrates’ Court – VIC

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Two important new practice directions apply in the Magistrates’ Court of Victoria from 10 February 2025.

  1. Practice Direction No. 1 of 2025 governs practice and modes of appearance, in person or online, in proceedings across the criminal and family violence divisions of the Magistrates’ Court. It revokes Practice Direction No. 6 of 2022.
  2. Practice Direction No. 2 of 2025 governs practices in the civil division of the Magistrates’ Court. It revokes 51 previous practice directions.

The following are the key points of each.

Magistrates’ Court criminal and family violence jurisdiction

Practice Direction No. 1 of 2025 sets out the procedure for all appearances, online or in person, except a first remand hearing which is covered by Practice Direction 1 of 2024.

In general, online appearances by clients and practitioners are available, encouraged, and in many cases required. However, physical appearances are also possible, mainly by request, and in some cases required.

The practice direction sets out detailed arrangements for all types of appearances, including:

  • accused on bail or summons;
  • bail applications and other hearings with the accused in custody;
  • contest mention hearings, committal mentions, special mentions, and applications, and matters in Judicial Registrar lists;
  • contested hearings and committal hearings;
  • specialist courts and programs;
  • intervention orders – applications and hearings; and
  • filing materials with the court.

Represented accused and their lawyers are to appear in person or online as provided for in the practice direction, unless the court directs otherwise.

If a represented accused appears in person, their lawyer must also appear in person, unless otherwise directed by the court.

If a practitioner seeks to appear in a mode contrary to that set out in the practice direction, they must apply to do so by contacting the relevant court registry at least 7 days before the date.

When appearing online, it is the practitioner’s responsibility to ensure they and their client have audio-visual capability from an appropriate private location, and their online appearance must not cause delay or interrupt the court.

Magistrates’ Court civil jurisdiction

Practice Direction No. 2 of 2025 applies to all civil proceedings including the WorkCover Division, Industrial Division, and Federal Jurisdiction matters. It excludes matters arising under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010, and Industrial Division criminal proceedings.

The practice note covers the following for general civil matters:

  • overview and purpose;
  • definitions;
  • jurisdiction;
  • self-represented litigants;
  • issuing proceedings, filing documents and corresponding with the court;
  • attending the court;
  • consent orders;
  • appropriate dispute resolution;
  • applications in open court and directions hearings;
  • call overs for contested matters and open court applications;
  • contested hearings; and
  • inspecting subpoenaed documents.

Specific directions in the WorkCover Division include:

  • medical panel referrals;
  • inspection of medical and other records;
  • subpoenas relating to confidential communications; and
  • dependents’ compensation.

Specific directions in the Industrial Division include:

  • support for self-represented litigants;
  • filing documents;
  • pre-hearing conferences; and
  • contested matters.

Specific directions in the Federal jurisdiction concern the commencement of proceedings.

Appendix A to the practice direction lists the 51 previous Magistrates’ Court practice directions that are revoked.

Publication updates

The commentary and hyperlinks in the following By Lawyers Magistrates’ Court (VIC) guides have been updated accordingly:

Civil rules – SA

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The Uniform Civil Rules 2020 have been amended with effect from 1 January 2024. These rules apply to all South Australian courts that deal with civil matters.

Amendments under the Uniform Civil (No 10) Amending Rules 2023 include the following:

Remote appearances

A  substituted r 15.4 allows the court to direct or permit a party or a lawyer to appear by audio or audio-visual link, if the court considers it is justified in the circumstances.

This requires:

  • an application in the prescribed form; or
  • an oral application at a prior hearing; or
  • ticking the remote appearance box on any form filed via the court’s electronic filing system; or
  • sending an email to the chambers of the judicial officer who will hear the matter.

The request must specify why the remote appearance is necessary.

If a request is granted the requesting party must pay any costs involved, and if they are uncontactable after 15 minutes of the appointed time it will be treated as a non-appearance.

An application for a witness to appear by audio link or by audio visual link must be made by an interlocutory application in the prescribed form supported by an affidavit in the prescribed form, or an oral application at a prior hearing.

Setting aside judgement by consent

A new rule 142.13 provides that a default monetary judgment can be set aside and the proceedings discontinued by consent by the parties filing the new form 126A Application and Consent to Set Aside Default Judgment and Discontinuance, provided there is no cross-claim, third party claim, or interested party.

Publication updates

The commentaries and matter plans in the By Lawyers Magistrates Court Civil guides- Acting for the Applicant and Acting for the Respondent have been updated in line with the amended civil rules.

Interpreters – NSW

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The rules concerning the engagement or appointment of interpreters for civil litigation in NSW courts have been amended.

The Uniform Civil Procedure (Amendment No 92) Rule 2019 provides for new rules. These are based on the Model Rules in Recommended National Standards for Working with Interpreters in Courts and Tribunals prepared by the Judicial Council on Cultural Diversity.

The amendments that commenced on 8 November add Division 3 of Part 31 and Schedule 7A to the Uniform Civil Procedure Rules 2005 (NSW). The new division sets out rules which cover:

  • When an interpreter may be engaged;
  • Who may act as an interpreter; and
  • Functions of interpreters.

Importantly, an interpreter must now adhere to the Court Interpreters’ Code of Conduct, which is set out in Schedule 7A of the UCPR. A copy needs to be given to the interpreter as soon as possible after they have been engaged or appointed.

The By Lawyers Litigation publications for Local, District and Supreme Courts have been updated accordingly. A link to the Code of Conduct is included.

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