The Supreme Court of Queensland has issued a new Protocol for the Applications List, effective Monday 10 August. It replaces the existing Protocol, which has been in effect since 25 May 2020 (the link on the website to this old Protocol no longer works).
In essence, the new Protocol is consistent with the practice that has developed in our current COVID-world, in that: the Applications List Manager will email parties by 10am the day before a hearing, requesting details of whether the matter is proceeding, whether it will be the subject of consent orders or adjournment, who is appearing, whether appearances will be in person or whether leave is sought to appear by phone or video conference and updated time estimates.
Parties are required to respond by 2:30pm the day prior to the hearing. The senior Applications Judge will then decide whether to allocate matters to a particular Judge at a particular time (or not before time), or whether the matter will remain on the call-over list. Parties will be emailed with this information by 5pm.
The call-over is now back to 10am. If you get allocated a specific time, you do not need to attend the call-over.
Orders that can be made on the papers generally will be, without the need for an appearance.
For matters requiring an oral hearing, the court expects personal attendance, unless you have been granted leave to appear by phone/video.
The Court encourages an early exchange of submissions, draft orders and affidavits to be filed by leave, as well providing them to the Court ahead of time if possible. Remember that ethically, lawyers cannot send anything to the Court without the prior consent of the other party, unless you’re responding to a request from the Court, so be sure to comply with your ethical obligations in this regard. (See Barristers Rules 2011 r53.)