In accordance with s 11(2) of the Constitution Act 1975 (Vic), proceedings commenced in the name of the Queen or in which the Queen was named as a party are carried on in the name of the King. Practitioners should therefore ensure that, to avoid being requested to correct documents before they are accepted for filing, all future court documents refer to “The King”, regardless of when the proceeding was commenced. To that end, practitioners should update any templates they may use.

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The Magistrates’ Court has provided the following information:

Thursday 22 September 2022 has been declared a public holiday for the National Day of Mourning for Her Majesty Queen Elizabeth II.

The Court is currently working to adjourn all matters currently listed on that date. Contact will be made with parties with matters to advise of new listing dates.

It is expected that all matters will be actioned by Tuesday 20 September 2022. If you have not been contacted by 20 September 2022 you can contact the relevant court registry for a new hearing date.

The Children’s Court has provided the following information:

With the announcement of a public holiday on Thursday 22 September, the following will take place at the Melbourne, Moorabbin and Broadmeadows Children’s Courts. Metropolitan and regional courts will relist according to local directions.

• Weekend online Remand Court will sit from 3pm until 9 pm, state-wide.
• Criminal Division mentions – lawyers will receive a notification of a new date, with bail to be extended in the absence of the young person. Young people will receive a text alerting them to the adjourned date, and asking them to contact a lawyer. Remand matters will be abridged where possible.
• Family Division mentions – lawyers and self-represented parties will receive an email asking for any draft consent orders to be filed by Tuesday 20 September. Where no draft consent orders are provided, or where a magistrate declines to make those proposed, the existing orders will be extended on the same terms and conditions, and a new date for the mention will be provided.
• Readiness Hearings, Conciliation Conferences and Reserved Submissions will be re listed as soon as possible.

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Legal practitioners and other court users are advised that the County Court’s Vaccination and PPE Protocol will cease from Monday 12 September 2022.

From that date, court users will not be required to demonstrate their vaccination status prior to entering the County Court in Melbourne, or a County Court courtroom in a regional location.

Consistent with its approach throughout the pandemic, the Court is committed to continually monitoring community circumstances and assessing whether its COVID-safe measures remain appropriate and proportionate according to the prevailing risks and regulatory environment.

The Court’s decision to end the Protocol is based on health and other advice, including:

•                     the high rate of vaccination in Victoria, and the protection provided by that;

•                     the reduced efficacy of a primary course of vaccination in preventing transmission of current dominant sub-variants, even though it remains protective for serious illness;

•                     the presence of other risk mitigations adopted in jury trials and for in-person hearings; and

•                     alignment with, and consistent practice between, other Victorian jurisdictions.

The Court is also currently reviewing the requirements of its Rapid Testing protocols however those requirements remain in effect until otherwise advised.

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This Practice Direction will apply from Monday, 12 September 2022, and revokes Practice Direction 3 of 2022.

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