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Federal Court pushes for ‘next-generation’ advocacy
The Federal Court has urged senior barristers to step aside and allow the “next generation of advocates” to have a speaking role.
Naomi Neilson
In a general practice note released late last month, the Federal Court has encouraged parties to provide “appropriate opportunities” for junior counsel to take a more “substantive speaking role” in first-instance applications, trials and appeals.
The court noted similar initiatives have been used in other superior courts, such as in the United Kingdom and New Zealand.
By its next annual report, the court said it will collect “high-level data” on the roles allocated to junior counsel.
“While it is ultimately a matter for the parties to decide how arguments are presented, the court is concerned to encourage practitioners and their clients to consider when and how junior counsel could receive further opportunities to develop and hone their advocacy skills,” the notice said.
At the 2024 Minds Count Lecture, Supreme Court of Victoria’s Justice Mary-Jane Ierodiaconou said she has learnt to be mindful of the junior practitioners advocating before her.
“[I think about] how I can run this hearing in a way that leaves them in a place where they might think, ‘what have I learned from today’, rather than ‘I’m hopeless’,” Justice Ierodiaconou said.
Similarly, County Court’s Judge Frank Gucciardo said it was important for young advocates to know their assistance is important.
“If I could speak for my colleagues just this time, I would say that the vast majority of judges today would be perfectly understanding of those nerves and that sense of both excitement and terror,” Judge Gucciardo said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
