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COVID-19: What are the courts doing?

27 March 2020

Change is the norm at the moment and the courts are no different. Updates are coming every few days. At the time of this article, here is the latest news from the court.

At the moment all courts are still open however with very strict measures and means of communications.

The courts must adhere to the restrictive requirements imposed by the Government. As a result, they cannot administer justice in the usual way, and significant changes have had to be made.

The principle basis upon which work will be conducted in the courts in the near future will be by telephone. Only urgent matters will be dealt with by the court in face-to-face hearings.

FAMILY COURT AND FEDERAL CIRCUIT COURT:

First instance family law proceedings

First Return Duty Lists, Mentions, Directions, and Interim Hearings will be by telephone appearance. For Final hearings, Judges will conduct a telephone callover for all matters listed in the next 2 months for a defended hearing.

Cases assessed to be of a lower priority, may be sent to mediation and the matter will otherwise be adjourned for trial on a date to be advised.

Cases that are assessed to be of a high priority will follow the courts specifically designed face-to-face in-court protocol.

Face-to-face in Court Protocol

Priority will be given to urgent matters that the judge considers cannot be dealt with over the telephone.

The court will stagger listings. Short matters will be listed at 30 minute intervals.

Longer contested matters will not be listed for more than 1.5 hours, and with sufficient time in between listings to allow cleaning to occur.

Electronic filing

  • All court documents must be filed by e-filing.
  • If there are problems with e-filing, the documents must be emailed to the court.
  • Hard copies of documents should not be posted or delivered to the registry, except in the limited circumstance where a party is unrepresented and unable to email documents.

Subpoenas

  • Subpoena viewing is by appointment only. Requests for an appointment should be made by emailing the registry.
  • Legal practitioners and parties should only make appointments to view subpoenaed material if they have a matter scheduled for hearing in the subsequent 4 weeks or the matter is urgent.

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/home

BRISBANE MAGISTRATES COURT

Domestic Violence Applications: Court 25

Court 25 will continue to sit Monday to Friday. It will hear urgent applications for domestic violence orders Monday- Friday.

All appearances by legally represented parties are excused.

All appearances by aggrieved in police applications for domestic violence orders are excused.

However, any aggrieved or respondent may appear in a matter. To reduce risk, appearance by telephone is preferred but if this is not possible appearance at Court 25 is permitted.

All parties may appear by telephone in accordance with the Guidelines set out by the Court.

Filing of New Applications by Private Parties

If the application is not urgent, the Applicant should file the application by post to the Brisbane Magistrates Court Registry.

If the application is urgent, the Applicant should first contact the Queensland Police Service and request them to obtain an urgent temporary protection order or issue a Police Protection Notice (PPN) on behalf of the Applicant.

Where:

  1. QPS determine and advise the person that it is not appropriate for them to issue a PPN or to seek an urgent temporary protection order on behalf of that person; and
  2. The person believes they have urgent grounds to seek a temporary or other protection order, but cannot attend court to file their application due to the emergent situation notified by the court. THEN such person may lodge their application electronically for consideration by the court, and include email addresses and telephone contact details for all parties and relevant witnesses to the proceeding.

Email address for sending urgent Domestic Violence Applications to be considered:

[email protected]

WEBSITE FOR MORE INFORMATON:

https://www.courts.qld.gov.au/courts/magistrates-court

To speak with one of our experienced family lawyers about supervision options, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you over the phone or by Skype.

Reference: Family Law Section by Law Council of Australia, MARCH 2020

COVID-19: What are the courts doing? Accompanying picture: woman in law library
2021-09-29T11:55:06+10:00

Client Testimonials

Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
Your newsletters are great, I appreciate them.
K.B., Carina

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

I was always confident that I was getting the very best advice.

T.S., Flinders

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt

You, guys, provide extraordinary service.

A.O., North Brisbane

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
Your team is professional, warm, friendly and real.
N.R., Crows Nest
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo