Message from the Chief Justice of the Federal Court of Australia, the Hon Chief Justice Mortimer
CROSSROADS - 2025 ABA Conference
Advanced Trial Advocacy Intensive - 19-22 January 2026
5th IATC Conference - 1-3 May 2026
Annual federal courts and tribunals fee increases from 1 July 2025
As my tardiness in providing this report has already resulted in a considerable delay of this issue of the National Brief, I will confine myself to two issues only.
First, the ABA has since 2022 sought to have Rule 101A of the Uniform Barristers’ Conduct Rules amended. Rule 101A governs the circumstances in which briefs must be refused by those barristers who are former judges or tribunal members. The initial and primary motivation behind the amendments was to enable those barristers who are retained as registrars of courts for limited short term contracts to be able to return to practice as barristers in the court in which they were a registrar within a shorter time period than that currently provided for by Rule 101A.
The process involved a consideration of the Rule more generally, and nuances of its application across jurisdictions. There was extensive consultation required to be undertaken with the Commonwealth, State and Territory heads of jurisdiction and Uniform Law Regulatory bodies. Throughout the process the ABA has worked closely with the Law Council of Australia which is considering amendments to the equivalent solicitors’ Rule. However, it has been the view of the Legal Services Council that there should be a high level of consistency in both Rules and that both should proceed together through the amendment process. That high level of consistency has not yet been able to be achieved. The result is that the proposals have not been cleared for the next stage in the process which is public consultation.
This is a disappointing result given the extensive work that has been done by the ABA, the LCA and the LSC over a number of years. It is particularly disappointing from the perspective of the ABA because most appointments come from our members and so this Rule has its greatest impact on members of the Bar. While we will continue to work with the LCA and LSC to move this proposal forward it will be apparent to members, from this short account, that the process of reform of the Rules is long and tortuous. I will be shortly writing to the Legal Services Council to see what appropriate reforms to the system can be achieved.
Secondly, may I encourage members to attend the ABA’s CROSSROADS Conference in Sydney on 29 August 2025. The Conference programme promises to provide entertaining and excellent speakers across a wide variety of legal issues - the full program is available here. The conference runs for just one day, a Friday, and provides a great opportunity for interstate members to enjoy a weekend in Sydney following the conference. There is a Gala Dinner on the Friday night, which is open to guests.
Whilst many members are fortunate to have a broad selection of conferences which they can attend throughout the year, I particularly encourage members to attend the ABA conference – not only to ensure the success of the conference but to enjoy the unique camaraderie of a national conference hosted by the national association. I hope to see you there.
With the year well underway momentum has continued to build across the Federal Court. We formally welcomed Justice Graeme Hill (Melbourne) who was sworn in 2 April 2025. On behalf of the judges, registrars and staff of the Federal Court, I congratulate Justice Hill on his appointment.
The Honourable Justice John Nicholas retired from the Federal Court 30 April 2025. Following Justice Nicholas’ appointment to the Federal Court in 2009, his Honour worked within the Intellectual Property practice area as a National Coordinating Judge and provided many valuable contributions to this and other areas of law in his nearly 16 years at the Court. His Honour was a valuable member of the FCA Audit Committee, and I am grateful for his expertise and service on that Committee over a long period of time. On behalf of the judges, registrars and staff of the Federal Court, I acknowledge Justice Nicholas’ service and wish him all the best in his retirement.
My annual visits to each registry of the Court continue, and since our last update I have visited Brisbane, Sydney and Melbourne. In addition to meeting individually with the judges, members of staff, members of the local profession and representatives of the Law Society and independent Bar, I have held in-person events in each location targeted at university students. The event titled ‘Inside the Courtroom: a student’s guide to the Federal Court’ is a panel discussion with a local judge, experienced associate(s) and the Executive Direction People, Culture and Communication. The session outlines the Court’s role in the judicial system, including a discussion on the Court’s National Practice Areas, and with the support of experienced associates discusses potential career opportunities within the Federal Court, with a focus on associateships, court positions suitable for law students and how to apply.
The Court is planning to launch a pilot program for new Standard Directions for Australian Patent Proceedings. The drafting of the directions took place during 2024, with the assistance of two working groups, one in Sydney and one in Melbourne, comprising members of the profession and convened by Justices Burley and Rofe. To mark this milestone, raise awareness amongst the profession at large and to provide the profession with an opportunity to provide their views on the draft directions, the Court hosted official events in Perth at Wrays | Intellectual Property, Trademark & Patent Attorneys 25 February 2025, and at the Melbourne and Sydney registries on 13 and 20 March 2025 (respectively). The initiative reflects the Court’s commitment to improving efficiency and consistency in handling patent proceeding, developed in close collaboration with the legal profession.
Each year, the Victorian Bar offers seasonal clerkships to Indigenous law students. The Indigenous Clerkship Program has been running for 17 years, and each clerkship runs for four weeks – one week at the Victorian Bar, one week at the Federal Court of Australia, one week at the Supreme Court of Victoria and one week at the County Court of Victoria. This year Justice O’Bryan (as the coordinating judge), Justice Murphy, Justice Moshinsky, Justice McEvoy and Justice Horan participated in the 2025 Clerkship program, with the program concluding 14 March 2025.
Planning is currently underway for the 2025 New South Wales Indigenous Clerkship Program, facilitated by the New South Wales Bar, where Justice Raper will continue as the coordinating judge.
On Friday, 28 March 2025 I issued a statement on the use of Generative Artificial Intelligence by courts and in court proceedings. Following the statement, I issued a Notice to the Profession on 29 April 2025 advising that select judges of a working group have commenced consultation with the legal profession and consideration is being made by the judges of the Federal Court to developing either Guidelines or a Practice Note in relation to the use of Generative Artificial intelligence. The Federal Court will consider the practice of other courts, and consult with litigants conducting their own proceedings and with the legal profession before we finalise any position.
The National Judicial Orientation Program was held from Monday, 30 March to Friday, 4 April 2025 and seven recently appointed Federal Court judges participated in the program.
The Court held its first Full Court period under the new model of three appeal periods a year. Feedback about the first appeal period being a month later, giving all participants more time to settle back into a new legal term, has been universally positive, both from within the Court and from the profession. The next appeal period in August will run for five weeks. The Court’s discharge of its appellate workload continues to be efficient. One of the most regular challenges to the efficient listing of appellate proceeding is counsel availability. The Court tends to try its best to accommodate counsel availability while nevertheless ensuring a suitable bench is available to hear an appeal. Counsel availability can be responsible for parties not being able to have a matter listed in a given appeal period.
On 31 March 2025, the Court updated the new general practice note (GPN-DUTY) concerning applications to a Duty Judge for urgent relief. GPN-DUTY has been updated to note the relationship between it and the Enforcement, Endorsement and Contempt Practice Note (GPN-ENF), as well as inserting references to the relevant Federal Court Form for Certificates of Urgency (NCF10).
Following concerns raised by the profession regarding the affordability of authorised reports to litigants in person, sole practitioners, and small firms, the Court consulted with the profession and on 7 May 2025 published an updated version of the Lists of Authorities and Citations Practice Note (GPN-AUTH). Changes have been made to paras [2.4], [2.5] and [2.6]. The changes are summarised as follows:
The Court has had a busy start to the year in our intentional programs activities.
Pursuant to the Memorandum of Understanding the Federal Court entered with the High Court of the Solomon Islands 17 February 2025, the Court, through our International Programs Unit, hosted our first Judicial Fellowship Program.
From 7 to 9 April 2025, recently appointed Justices Aulanga and Pitakaka of the High Court of the Solomon Islands visited the Court’s Sydney Registry where they were hosted by Justices Kennett, Moore and Stellios and Registrars Morgan, Birchall and Ditton. They had discussions on a range of matters relating to the Court’s administration of justice and observed a variety of applications. The Justices also attended the ‘Oral Decisions’ training program run by the National Judicial College of Australia.
I had the opportunity to be interview by Damien Carrick from ABC Radio National for his program the ‘Law Report’. The interview discussed livestreaming of Federal Court matters, and covered other topics about the accessibility of court proceedings and court documents. The episode was published online Tuesday, 22 April 2025.
The Court was pleased to host an event concerning our Commercial and Corporations National Practice Area. The event was held simultaneously in the ceremonial courts in Adelaide, Brisbane, Melbourne, Perth and Sydney with live crosses between the locations. The screening of this event showcased the FCA as a national court. The presentation itself discussed the three entry points for Corporations proceedings in the Court. The first topic, ‘Urgent Applications – The New Duty Regime’ was presented by Justice Cheeseman in Sydney, the second ‘The Commercial and Corporations List’ was presented by Justice Neskovcin in Melbourne, followed by ‘Dockets and Case Management’ by Justice Banks-Smith in Melbourne. Following the presentations an in-person discussion was held in each location allowing attendees in each location to raise matters for discussion.
A number of judges and I recently hosted a series of roundtable media discussions with working journalists in both Sydney and Melbourne. The events were organised under the auspices of the Court’s new Media Committee. I thank the Chair of that Committee, Justice Wigney, for chairing the roundtable in Sydney, and Justice Jackson for chairing the event in Melbourne. One purpose of these sessions was to gain a deeper understanding of the challenges the media face in their role, and to collaboratively explore potential solutions - or, where appropriate, document ongoing issues for further consideration. Another purpose of these roundtables was an opportunity for the Court to explain and contextualise some of the challenges it faces in dealing with media, with media requests and with how proceedings are conducted insofar as that they might affect the media. The roundtable format provided a valuable opportunity for open and constructive dialogue, frank and off the record discussion on matters of shared interest and concern. The insights gained from these conversations will help inform our ongoing efforts to support and engage with the media, via our media committee, more effectively.
As part of Victorian Law Week 2025 the Federal Court was pleased to cohost with the Supreme Court of Victoria an In Conversation event, held at the Federal Court. Chief Justice Niall and I had the pleasure of being interviewed by Justice Melinda Richards, of the Victorian Court of Appeal. The topic was ‘Current challenges facing the Courts’. The conversation included the role of the courts in contemporary Australian society, what is reasonable for the community to expect of the courts, relationships with government, increasing judicial workloads, the complexity and cost of litigation, as well as financial pressures on courts. The event attracted significant interest and was also livestreamed, enabling those who were unable to attend in person to view the discussion remotely.
The Federal Court National Judges’ Meeting was held 28 May 2025 to 30 May 2025. The conference brought together all Federal Court judges from across the country, creating a valuable platform for collaboration, knowledge sharing, and strategic discussion. The conference is vital for a national court, and provides an important opportunity for collegiate reflection and discussion.
The first half of the year has been both productive and rewarding for the Court. I look forward to building on this momentum in the months ahead.
Limited places remain available for the 2025 Australian Bar Association annual conference.
CROSSROADS will bring together leaders from the judiciary, the Bar and the legal profession in the premiere event of the ABA’s calendar.
There will be:
This is the unmissable conference of the year, an opportunity for members of the profession to share learning and experiences in a convivial environment.
Places are very limited and will be allocated on a first-come, first-served basis.
The conference will be held on 29 August 2025 at the new W Sydney hotel on Darling Harbour. As with all ABA conferences, there will be an informative and engaging program of panel discussions and addresses, as well as a gala dinner.
Click here to view the full program and register.
There are very few opportunities for barristers to develop their advocacy skills by preparing a case and experimenting with a number of performance styles to see which is the most effective for that advocate on that occasion. Rarely do barristers have the opportunity of seeing their own performance played back so that it can be reviewed. Never in professional practice is there an opportunity to have a number of senior practitioners analyse performances and provide intensive and supportive feedback about ways to refine and improve. This Intensive provides each of these elements, and much more.
The ABA Advanced Trial Advocacy Intensive is designed for experienced advocates who are interested in further developing their advocacy skills. Particular areas of advocacy can be focused upon.
The Intensive provides the option of either a criminal or civil brief; both are based on real cases. These cases are used as the vehicle for performances and are nominated by advocates at the time of registration.
The Intensive is residential and is conducted over five days. It is designed to suit the individual needs of the participants.
Coaches include senior Australian judges, as well as professional voice, movement and impact coaches accredited by the ABA ATC.
Forty-two places are available. Seniority of at least five years at the private bar is a prerequisite.
For more information, including registration, click here.
The IATC is pleased to announce that the 5th Conference of the IATC will be taking place in Penang, Malaysia from 1 to 3 May 2026.
The theme of the conference is The Art of Advocacy. The programme will cover a variety of practical advocacy topics which will be of interest to advocates of all levels of experience and fields of practice. As usual, the speakers will be experienced advocates from IATC member jurisdictions across the globe.
The host city is vibrant George Town, a UNESCO World Heritage site and multi-cultural hub known for its art, food and architecture.
More details will follow soon.
Pursuant to section 16 of the High Court of Australia (Fees) Regulations 2022, from 1 July 2025 the fee prescribed for each item of Schedule 1 to those Regulations has been changed. Click here for full details.
Each year, the Justices of the High Court of Australia make a Rule of Court appointing the Full Court sittings for the following year. These Rules of Court are made by the Justices under the rule-making power given by s 86 of the Judiciary Act 1903.
This Rule of Court appoints the sittings of the Full Court of the High Court for 2026. Sittings of the Full Court will be held in Canberra and may also be held in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth or Sydney. Additional sittings of the Full Court may be appointed as required, for example in matters requiring expedition. The Chief Justice appoints additional sittings pursuant to Rule 6.04.2 of the High Court Rules 2004.
Click here for complete information.
The NSW Bar held its annual Bench and Bar Dinner on Friday 9 May, followed by the Victorian Bar Dinner on Saturday 10 May — a challenge for those VIPs and Bar Association officers invited to both.
A record 780 people attended the NSW Bench and Bar Dinner, with speeches from Dr Ruth Higgins SC, Ms Junior Zoe Hillman, Mr Senior Paresh Khandhar SC and the Guest of Honour the Hon Justice Ian Harrison. The significant work undertaken by Dr Higgins and the departing NSW Bar Association Executive Director, Andreas Heger, was also acknowledged.
The Victorian Bar Dinner took place the following night at the National Gallery of Victoria’s Great Hall. Among the distinguished guests were Her Excellency Professor the Hon Margaret Gardner AC and Victorian Attorney-General Sonya Kilkenny MP.
The Hon Chief Justice Stephen Gageler AC of the High Court of Australia gave the keynote address, discussing the core values of the Bar.
