This Policy sets out information in relation to professional court attire and robing of barristers and solicitor advocates who appear before the Federal Circuit and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2) (Courts).
Court Attire
Attire in court proceedings, including the wearing of jackets, should be appropriate for the formality of court proceedings and the standing of the legal profession.
Robing
The following robing requirements apply to the Courts:
Barristers and solicitor advocates will robe before the Courts for the following court events, whether sitting in person or electronically, including in a circuit location:
- all final hearings
- in the family law jurisdiction, this includes contravention final hearings and section 65DAAA hearings
- with the exception of solicitor advocates, delivery of all judgments relating to the above
- any contested hearing in which oral evidence is to be adduced
- appeals.
Barristers must also robe for ceremonial sittings.
Barristers and solicitor advocates should not robe for:
- duty lists or first court dates
- any kind of case management hearing, including directions, mentions or callovers
- interim or interlocutory hearings (unless such applications form part of a final hearing or a contested hearing in which oral evidence is to be adduced)
- in the migration jurisdiction, summary judgment hearings.
These arrangements are subject to any contrary directions made by the presiding judicial officer, which may take into account, for example, the nature of the venue in which the court is sitting, or the unavailability of air conditioning, as well as the usual practice for solicitor advocates in certain locations (such as NSW).
