A new practice note has been introduced based on feedback from professional organisations
In 2022, the Supreme Court initiated a trial practice of publishing written submissions, chronologies, and argument outlines for appeal hearings online, with only a few exceptions. The trial aimed to evaluate the effectiveness of this approach during its first year.
Recently, the chief justice sought feedback from legal professionals, and the response was overwhelmingly positive. As a result, the court has made the decision to continue the practice of online publication for written submissions, chronologies, and argument outlines on an ongoing basis.
To govern this continuing practice, a new practice note, the Supreme Court Submissions Practice Note 2023, has been introduced, incorporating some minor changes based on feedback received from professional organisations.
The amendments include:
- counsel now certifies "to the best of their knowledge" that submissions are suitable for publication, rather than the unconditional certification required by the 2021 Practice Note.
- the provision concerning the court's power to exempt a specific case from the practice has been amended to include an example. This refers to situations where submissions may contain extensive suppressed or confidential information, making compliance with the practice note impractical or unduly burdensome.
