Uren v Bald Hills Wind Farm Pty Ltd (S ECI 2020 00471)

23rd March 2022,

Via WFL,


Dear Practitioners,

We refer to the matter of Uren v Bald Hills Wind Farm Pty Ltd (S ECI 2020 00471). 

Justice Richards will hand down judgment in this matter at 9.30 am on Friday 25 March 2022.  

The hearing will proceed in person in Courtroom 2, Old High Court Building, 450 Little Bourke Street.  The hearing will also be live streamed.  We set out the live stream details below.  Please pass these details on to any person who wishes to observe the proceeding. 

Link to view hearing:https://vimeo.com/event/1964021
Password to view hearing:jwUu%ZSkue$Z

As we are currently operating in an environment where there are significant levels of COVID-19 infection in the community, the Court is adjusting its operations by putting in place additional measures for matters proceeding in person.

The information below outlines the testing arrangements for attendees.

Rapid antigen testing

Rapid antigen testing will be used as part of this hearing to reduce the risk of transmission of COVID-19.  

Tests for practitioners

Practitioners are asked to self-administer a rapid antigen test in the morning prior to attending court (ideally before leaving home).  Negative results must be communicated to chambers via email.  

Counsel and instructors may use their own rapid antigen tests, or rapid antigen tests provided by the Court – whichever they prefer.  We set out below the process for collecting rapid antigen tests from the Court. 

Rapid antigen tests will be made available for collection from the Old High Court registry counter the afternoon before the hearing commences.  If parties are unable to collect their rapid antigen tests on the specified day, they are able to nominate someone to collect the tests on their behalf. 

Please confirm to chambers by reply email by 10.00 am tomorrow, 24 March 2022 the names of all counsel and instructors proposed to attend in person and whether those persons will be using their own rapid antigen tests, or collecting rapid antigen tests from the Old High Court registry tomorrow afternoon.  Please also advise if a test is to be collected by someone else on their behalf.

Instructions are included with each rapid antigen test.

Tests for non-practitioners

Parties and any other observers are to be directed to the marquee located on the County Court concourse for rapid antigen testing on the morning they are attending onsite.  Please allow up to one hour for this process.  Once tested, they will be given a small slip of paper indicating their negative result which can be shown to security upon entry to the Supreme Court. 

Please confirm to chambers by reply email by 10.00 am tomorrow, 24 March 2022 the names of all those in the above category who will attend to be tested.  Could you please direct this category of attendees to the marquee at the County Court concourse for testing, reminding them to allow up to one hour to be tested.

The Court encourages remote viewing of hearings wherever possible.

Reporting of positive results

Any individual who tests positive to a rapid antigen test will need to isolate immediately and will be unable to attend the hearing.  There are processes in place for the Court to be notified of positive results detected at the marquee.  If a party learns of a positive result that may impact the hearing they should contact chambers as soon as possible.  Anyone self-administering a test should contact chambers if they test positive so that a decision can be made by her Honour about the potential impact on the hearing.  Positive results also need to be reported to the Department of Health (at https://www.coronavirus.vic.gov.au/report).

Invalid results

If the rapid antigen test returns an invalid result (neither positive or negative), a further test will be required.  Practitioners are advised to contact chambers in these circumstances.  Non-practitioners will be offered a second test at the marquee.  Attendance onsite is not permitted with an invalid rapid antigen test result.

The rapid antigen testing arrangements do not change the other COVID-Safe measures the Court has in place, such as:

  • Physical distancing (1.5m wherever possible).
  • Masks are required indoors subject to the exemptions.  Counsel are permitted to take off their masks when addressing the Court.
  • Screening questions for those attending where they will be asked about symptoms and contacts by security staff upon entry to the Court.
  • If anyone is symptomatic or has had contact with a positive case we ask that they contact the Court so that we can assess the risk and make further arrangements if necessary.  We may ask that further testing occur through our pathology provider depending on the circumstances.  In accordance with current government requirements, close contacts (more than 4 hours in a private residence during the infectious period of a positive case) are required to isolate and cannot attend court.
  • Hygiene measures such as cleaning, hand washing and sanitisation.

If anyone considers there will be a difficulty with the above arrangements they should raise the issue with chambers as soon as possible so that her Honour can determine how to proceed.

Please contact chambers if you have any questions.

Kind regards, 

_________________________________________________________________________

NOTE
: Practitioners are referred to Paragraphs 6.3 and 6.5 of Practice Note SC Gen 4 of 2017.  Any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. Telephone communications must be confined to administrative and routine matters. Requests for legal or procedural advice will not be answered.


Energy Commissioner ‘Blasted’

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