An updated version of the Custom, Protocol and Communication with the Court Practice Note has been released.
It contains important reminders about how parties communicate with the Court, including:
- The principal means of communication by parties with the Court is through the filing of court documents as required by the Rules and submissions made in open court.
- All communications must be honest and respectful.
- Parties must not involve Court staff in disputes or negotiations between parties.
- Communications must not undermine the impartiality or integrity of the Court .
- Law firms must have internal arrangements to ensure that correspondence promptly reaches the appropriate lawyer.
- Follow-up enquiries from parties prior to a response reduce the capacity of Court staff to deal with enquiries efficiently and delay responses.
The amendments make clear that communication in breach of the Practice Note may be ended, not responded to, referred to a judicial officer or the relevant authorities.
Chief Justice Richard Niall said the vast majority of lawyers and litigants were respectful and communicated appropriately.
“It is important, however, that the Court is clear in its expectations about how and when communications take place and the appropriate limits on that communication,” he said.
“Staff are entitled to be treated with respect in the workplace.
Disrespectful, aggressive, abusive or threatening communication will not be tolerated.”
“As the number of civil case brought each year continues to grow, staff are prioritising the work essential to progressing cases to resolution.”