ABA Conference
The annual ABA Conference was held in Sydney on 29 August 2025. It was a wonderful opportunity for barristers from around the nation to come together to hear an excellent array of speakers and to enjoy each others company. I particularly acknowledge and thank Chief Justices Bell, Shanahan and Niall; Justices McLelland and Perram for taking the time out of their busy schedules to address those gathered on matters of importance to the courts.
The papers presented covered topics such as the increasing use of AI and its inherent dangers for the administration of justice; the impact of increased scrutiny through live streaming and social media on courts, clients and lawyers; anti-corruption bodies; the developing personal injury law area stemming from adoption practices in Australia in the 1950-1970s, and the consequences, dangers and traps for barristers as a result of the recent introduction by the Commonweath of the Anti-Money Laundering legislation.
Thank you to each of the speakers for their preparedness to share their experience and wisdom, and moreover, to find the time and energy to prepare papers of such a high standard.
I acknowledge and thank the Chair of Conferences, Sam Hay KC and his Committee, for the hard work and many hours devoted to the success of the conference; as well as the contributions of Greg Tolhurst, Kelsey Rissman, Liz Barr and the NSW Bar Association.
I am grateful to each State/Territory Bar President for encouraging their members to attend the conference – Victoria won the prize for the largest State contingent!
Next year, the New Zealand Bar Association will host the International Council of Advocates and Barristers (ICAB) and World Bar Conference. It is intended that the ABA will assist in the recruitment of high-quality speakers. After the success of the Trans-Tasman Bar Conference in Queenstown last year, I encourage all members to consider going to New Zealand in 2026. Details will be announced once known.
Anti-Money Laundering
The legislative reforms will have a staged implantation, commencing 31 March 2026. Whilst there is a carve out in respect of barristers instructed by solicitors, barristers accepting direct briefs, need to be familiar with the provisions as they may be a reporting entity and will need to comply with the obligations under the legislation, which are significant and onerous.
Proposed amendments to the Judiciary Act 1903 (Cth), the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) and the Civil Dispute Resolution Act 2011 (Cth)
The Australian Bar Association has received correspondence from the Commonwealth Attorney-General’s office in relation to consulting on a number of proposed amendments that it is progressing which will impact the federal jurisdiction conferred on Federal, State and Territory courts.
The proposed measures include amendments to the Judiciary Act 1903 (Cth), the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) and the Civil Dispute Resolution Act 2011 (Cth), and aim to achieve efficiency and consistency throughout the Australian court system. This summary outlines the measures in more detail.
ACT Bar
At last week’s Council election, the ACT Bar elected Prue Bindon as their new President. I congratulate Prue on her appointment and look forward to working with her. I also thank the outgoing President, Brodie Buckland, for his valuable contribution to both the ACT Bar and the ABA.
Opening of the Legal Year – England and Wales
I will shortly be travelling to London to participate in the Opening of the Legal Year for England and Wales, with this year marking the Bicentenary of The Law Society of England and Wales. As part of the celebrations, I have also been invited to participate in a meeting of the Commonwealth Bar Leaders from around the world.
With the second Full Court sitting period for the year having recently concluded under the new model of three appeal periods a year, and the annual reporting period underway, there has been an opportunity to reflect on the depth and breadth of the Court's work, and the activities of our Judges more broadly.
This period also saw the retirement of Justice Anna Katzmann, who retired on 23 June 2025, with a 15 year contribution to the work of the Federal Court, and a dedicated service to the Australian community.
Developments concerning practice and procedure
There have been several developments relating to the Court’s practice and procedure. First, the Federal Court Amendment (2025 Measures No 1) Rules 2025 commenced on 2 September 2025. Amendments relate to:
Second, the Practice Information Note: Case Management of Full Court and Appellate Matters (APP 1) has been revised to reflect the Court's current practices and procedures for managing Full Court and appellate proceedings. It is intended to assist parties and the profession to better prepare for appeals and to assist the Court in its conduct of the appellate jurisdiction.
The Court published a Notice to the Profession on 3 July 2024, that outlined the background purpose and process for commencing a pilot program of the National General Protections List – Fair Work Act 2009 (Cth), which commenced on 1 September 2024. Following an initial eight month period, the Court extended the pilot program until September 2025. The extension aims to gather further feedback from the profession, Judges and Registrars regarding the way the list functions, and whether it should become a permanent feature of the Court’s Fair Work Jurisdiction.
I have previously reported on the work of Justice Burley, Justice Rofe and members of the profession in drafting standard directions for patent proceedings. The Court has now published the Intellectual Property Practice Note - Standard Directions for Australian Patent Proceedings (IP-2). The Practice Note aims to standardise the management of patent litigation through consistent directions and procedures. The Court will continue to consult on the Practice Note to further enhance the management of patent proceedings.
The Court will consult on two further projects in coming months.
The Litigants in Person and Pro Bono Project has the objective of establishing a whole-of-court approach to managing matters involving litigants in person. A range of procedural and administrative initiatives are under consideration by the project group, in consultation with Judges, Registrars and court staff. The focus of the project is to ensure efficient and effective conduct of proceedings involving litigants in person, to clearly articulate the Court’s responsibilities to litigants in person, and in turn emphasise the responsibilities of litigants in person to the Court, and to other litigants. The Court is in the process of preparing a Litigant in Person Practice Note for all matters before the Court, where one or more parties are litigants in person.
The Court is also reviewing its digital practices and procedures. This review will extend to all relevant practice notes, relevant guidelines and any necessary rule changes. The Court welcomes submissions on the use of artificial intelligence in litigation and invites views on whether a uniform approach should be taken across all courts. Submissions should be received by 26 September 2025. For further information, see https://www.fedcourt.gov.au/news-and-events/1-august-2025-2.
Engagement with the profession and community
Justice Collier completed the Court’s 2025 series of ‘Inside the Courtroom: A Student’s Guide to the Federal Court’. The event was held on 24 June 2025, in Cairns, where Justice Collier was joined by a local Judge, experienced associates, and People, Culture and Communication staff. Panel members discussed the Court’s role in the judicial system, which covered different areas of the Court’s work and considered the unique role of anthropologists in Native Title law, as well as career paths within the law for anthropology students.
In July, the Court participated in the First Nations Clerkship Program facilitated by the New South Wales Bar Association. First Nations law students were hosted by Judges and had the opportunity to gain valuable insights into the work of the Court and the broader legal profession. I am grateful to Justice Raper for coordinating the Court’s participation in this program. The NSW program sits alongside the long established Victorian Indigenous Clerkship Program, and similar programs in other States. These programs provide valuable connections and insights for First Nations law students, encouraging them to consider the wide range of opportunities available to them in the justice system. Such programs are essential if we are to increase the participation of First Nations peoples in all aspects of the administration of justice, including as Judges and judicial officers.
It was an honour to be invited to attend the 48th Opening of Parliament on 22 July 2025. Members of the Senate were sworn in by Chief Justice Gageler, and members of the House of Representatives were sworn in by Justice Gordon. The Governor-General, her Excellency the Honourable Sam Mostyn AC addressed a combined sitting of both Houses and announced the government’s program for this term of parliament. At a gathering in the Members’ Hall of the Parliament there was an opportunity after the combined sitting for all invitees, senior officers of federal departments and agencies, and members of parliament to renew acquaintances and discuss a wide range of matters.
Judges, in collaboration with members of the profession, recently hosted events that were focused on particular areas of practice:
On 31 July 2025, I had the pleasure of giving the National Lecture at the AIAL National Administrative Law Conference held this year in Perth. The lecture examined the US Supreme Court's decision in Trump v CASA Inc (606 U.S.__(2025)), and the phenomenon of "universal injunctions". I thank the AIAL Conference Organising Committee for their hospitality, in particular the President Justice Rachel Pepper of the NSWLEC and Ms Marina Georgiou, Chair AIAL WA Chapter, from the Western Australian Bar.
In August, I attended the 2025 Federal Court Registrars’ Conference held over three days. I participated in the delivery of several sessions, and spent time with the Court’s excellent and dedicated cohort of Registrars, discussing a range of matters relevant to their work in the Court. The conference was a valuable chance for Registrars to come together as a cohort, share experiences, and exchange ideas on the evolving role of the Registrar in the Federal Court. These discussions reinforced the importance of collaboration in addressing challenges and strengthening practice across jurisdictions.
Looking forward, I am delighted to have been invited to deliver the keynote address at the 2026 Commonwealth Law Conference. The flagship event will bring together leaders from across the legal profession, academia and the judiciary to explore issues shaping federal litigation and dispute resolution in Australia.
International programs
The Court continues its high level of activity in our international programs work.
In May 2025, Justice Burley’s chambers along with members of the Judgments and Communications teams hosted a delegation from the Solomon Islands, who were keen to learn about judgment publication processes and systems. Visitors included the Solomon Islands Permanent Secretary for Justice, George Hoa'au and Registrar General, Sholto Rodney Manebosa, the Solomon Islands High Court judgments officer and editors from PacLII (the Pacific Islands equivalent of AustLII).The Managing Editor of PacLII said that the delegation left the Federal Court ready to implement new streamlined processes and to strongly advocate for the anonymisation of judgments in the Pacific.
From 21 to 25 July 2025, the Federal Court hosted members of the Philippines judiciary in Sydney, to study Australian land registration and property law systems. The delegation included Judges of the Supreme Court of the Philippines, representatives from the Philippines Judicial Academy, the Land Registration Authority and Fair Justice (a DFAT-funded Access to Justice NGO). During the visit, Justice Perry facilitated a panel discussion on native title in Australia, while Justice Cheeseman introduced an academic panel on property law. The Court also coordinated visits to the New South Wales Supreme Court and Court of Appeal, the Land and Environment Court, Judicial Commission of NSW, NSW Legal Aid, NSW Land Registry, and the Office of the Registrar General. We are grateful to our State colleagues for giving their time and expertise. The visit reflects the strong relationship between the two courts under the MOU for judicial cooperation signed on 15 May 2024.
In August 2025, the Court hosted Justices Miviri and Liosi from the National and Supreme Courts of Papua New Guinea for a two-week judicial fellowship in Brisbane. During the Fellowship program, the Judges participated in a judgment writing course at the National Judicial College of Australia, met with Judges from the Queensland Supreme Court and Court of Appeal, and were hosted by Justices Collier, Logan, and Wheatley. Again, we are grateful to our State colleagues for giving their time and expertise. The judicial fellows also observed court hearings across different practice areas. The fellowships, delivered under the MOU signed with the PNG Supreme and National Courts, offers PNG Judges valuable and practical insights into court proceedings, decision-making, and case management, strengthening judicial practice across PNG.
In September and October 2025, I am leading two separate Federal Court delegations to the Philippines and to Indonesia. The delegations comprise Judges, Registrars, members of the Court’s executive and IT staff. The visits are occurring under our active and mutually beneficial MOU arrangements with the Philippines Supreme Court and the Indonesian Supreme Court. The Court is grateful to DFAT for its support of these MOUs. A more detailed report on these visits will feature in my next report.
Also, in September 2025, I will travel to Port Moresby to participate in celebrations marking the 50th Anniversary of the independence of the nation of Papua New Guinea, and the opening of the new Courts Complex for the Supreme and National Courts of PNG. Again, I will say more about these events in my next report.
50th Anniversary celebration
Finally, planning has begun for the celebration of the Federal Court’s 50th Anniversary. The main celebration is likely to occur in February 2027, to coincide with the first sitting of the Federal Court on 7 February 1977. As our plans firm up, I look forward to informing everyone about them, so keep an eye out for further information.
We are delighted to support Australian Arbitration Week (AAW), taking place from 12 to 17 October 2025 in Sydney.
The International Arbitration Conference, the flagship event of AAW, will be held on Monday, 13 October 2025 at the Sofitel Wentworth, Sydney.
Organised and hosted by the Australian Centre for International Commercial Arbitration (ACICA) and co-hosted by the Chartered Institute of Arbitrators (Australia), the theme of this year’s Conference is “Revolutions and Solutions: Future-Proofing Arbitration”.
The full-day programme features:
You can explore the full IA Conference Programme and register here. CPD points are available, subject to eligibility. Discounts are available for ACICA and Ciarb Members and Early Bird Registration closes on 12 September.
Returning to Sydney for the first time since 2015, AAW 2025 features 50+ events across the week, from thought-provoking sessions with global leaders to practical workshops and networking events to showcase Australia as a premier venue for international dispute resolution. Follow @Australian Centre for International Commercial Arbitration (ACICA) on LinkedIn and keep an eye on the AAW website to stay up to date.
5th IATC ConferenceThe International Advocacy Training Council 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 multicultural hub known for its art, food and architecture.
The programme and other details including the all important registration link can be accessed via the conference website at https://iatc.ievent.hk. Please note that there is an early bird discount available for those who register and pay before 31 December 2025.
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.
Two places remain in the Civil Brief. Persons interested in joining the waitlist for the Criminal Brief may inquire by email at cpd@qldbar.asn.au. Seniority of at least five years at the private bar is a prerequisite.
For more information, including registration, click here.
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On Friday, 5 September, the ACT Bar Association held its annual Bench and Bar Dinner. It was a memorable evening bringing together colleagues from across the Bench and Bar to reconnect, socialise, and celebrate the profession.
The evening featured many highlights, among them a captivating speech by Ms Junior Anca Costin. In a humorous and engaging address, Ms Costin confirmed that although she hails from Romania, she is not related to Dracula (or any other vampires), despite her dramatic entrance to the strains of Bach’s Toccata and Fugue in D Minor.
Justice Behrens also delivered an inspiring speech, reflecting on her career progression from academia to the Bar, and now to the Bench in Sydney. Her Honour shared personal insights and experiences, which were warmly received by all in attendance.
Another significant moment of the evening was the recognition of Mr John Purnell SC for his remarkable 45 years of service at the private ACT Bar. To mark the occasion, President Brodie Buckland presented John Purnell SC with an illustration by fellow ACT barrister Mr John Larkings.
