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Victorian government eases restrictions for lawyers

Following advocacy from the state’s legal body, the Victorian government has granted an easing of restrictions for lawyers and indicated a plan for future restriction changes.

user iconNaomi Neilson 19 October 2020 Big Law
Melbourne
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In a letter to members, the Law Institute of Victoria (LIV) confirmed that the state government had granted a relaxation of restrictions to assist lawyers with carrying out essential legal roles in the administration of justice following extensive advocacy. 

As part of these changes, the government published a revised industry restriction level for lawyers in the metropolitan Melbourne region. The city’s Department of Justice and Community Safety (DJCS) confirmed it is currently in the second of three steps. 

“We are pleased to report that the government has responded favourably to a number of our requests to ensure the justice system can operate effectively. These measures are accessible to all law practices regardless of size,” president Sam Pandya wrote. 

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“The government has thanked the LIV for our tireless efforts to finalise industry specific requirements for the profession.

“While those measures may not be seen to go far enough for some members, they are important steps and we will continue to work with the government and advocate on behalf of all members.”

Under the first and second steps, members of the legal profession can access the firm or chambers for collecting and scanning documents, processing payments and other essential activities that enable the business to operate through working from home. 

All worksites are closed except where it is not reasonably practical for a lawyer to work from home and when they need to attend court at the request of a head of jurisdiction. 

Under the third and final step, activities in the profession that can be done from home should. However, solicitors and barristers will be permitted to work from other locations when it is requested by the head of jurisdictions, for remote court hearings and when they are participating in court-ordered dispute resolutions or settlement conferences.

In relation to clients under the third step, they should not attend the office sites unless the matter cannot be undertaken reasonably and the client cannot participate from online communication, teleconference or by means of an audiovisual link. 

In a letter to Attorney-General Jill Hennessy at the end of September, Mr Pandya said that while the LIV recognises that the government is seeking to manage the balance between public health and economic and social recovery, it is disappointed the “critical role of lawyers has not been properly recognised by the government”. 

“As officers of the court, lawyers are fundamental to the administration of justice and they have obligations to clients to advise them to high professional standards and to defend and uphold their clients’ rights under the law,” Mr Pandya wrote.

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