Don't ring the judge: Young J

21/02/2008

In the recent edition of Australian Law Journal, (2008) 82 ALJ 71, the Hon Justice Peter Young AO has issued a short missive�aimed at�practitioners who make unnecessary phone calls to judges.

Entitled "Don't ring the judge", his Honour observes:�

There appears to be a growing habit of Sydney solicitors and counsel to ring the judge scheduled to hear their case whenever there is the slightest problem. Three of four times a day the phone rings for the associate who is told: “We can’t comply with the judge’s directions because the other side is two days late with their affidavits, what do we do?”

It is understandable that people will get upset when the opponent disregards directions, however, judges are not schoolmasters to direct every piece of conduct by litigants and their advisers. It would seem that some solicitors are threatening their opponent: “Better comply or I’ll tell on you to the judge.” That would seem quite improper. Indeed, axiomatically, no solicitor should go anywhere near the judge even by telephone without the consent of the opponent.

Obviously, the proper course for serious complaints is to contact the judge’s associate for the purpose of filing a motion at short notice. Possibly, the problem has been assisted by there now being “Case Management” judges who try to get cases moving. However, the number of calls now being made to some judge’s chambers is interfering with the proper work of judges and their staff.

22 February 2008