101ARefusal of briefs by barristers who are current and former judges or tribunal members

#### 101A Refusal of briefs by barristers who are current and former judges or tribunal members 101A Refusal of briefs by barristers who are current and former judges or tribunal members > > (1) In this rule: > > > > court does not include tribunal. > > > > former rules means the rule or rules of conduct (however described) in force immediately before 1 July 2015 governing the right of a barrister to appear before a court of which the barrister was a judge, justice, magistrate, coroner, master, prothonotary, registrar or other judicial officer, or a person acting in any of those offices, including rule 95 (n) of the New South Wales Barristers’ Rules and rule 92A of the Victorian Bar Practice Rules 2009. > > > > judge includes a judge, justice, magistrate, coroner, master, prothonotary, registrar or other judicial officer, or a person acting in any of those offices, but does not include a person appointed as a judge before 1 July 2015. > > > > tribunal means a tribunal constituted by or under an Act or a disciplinary tribunal. > > > (2) A barrister must refuse to accept or retain a brief or instructions to appear before a court if: > > > > > (a) the brief is to appear before a court: > > > > > > > (i) of which the barrister is or was formerly a judge, or > > > > > > > (ii) from which appeals lie to a court of which the barrister is or was formerly a judge, and > > > > > (b) the appearance would occur less than 5 years after the barrister ceased to be a judge of the court. > > > (3) A barrister must refuse to accept or retain a brief or instructions to appear before a tribunal that does not sit in divisions or lists of matters to which its members are assigned if: > > > > > (a) the barrister is a full time, part time or sessional member of the tribunal, or > > > > > (b) the appearance would occur less than 2 years after the barrister ceased to be a member of the tribunal. > > > (4) A barrister must refuse to accept or retain a brief or instructions to appear before a tribunal that sits in divisions or lists of matters to which its members are assigned if: > > > > > (a) the brief is to appear in a proceeding in a division or list to which the barrister is assigned as a member of the tribunal, or > > > > > (b) the brief is to appear in a proceeding in a division or list to which the barrister was assigned and the appearance would occur less than 2 years after the barrister ceased to be assigned to the division or list. > > > (5) The former rules continue to apply to a barrister who was, before 1 July 2015, appointed as a judge, justice, magistrate, coroner, master, prothonotary, registrar or other judicial officer, or a person acting in any of those offices. > > > (6) For the purposes of subrule (2) (a) (ii): > > > > > (a) an appeal is not to be considered to lie to the Federal Court of Australia from the Supreme Court of a State or Territory, and > > > > > (b) the Supreme Court of Victoria (in the exercise of any of its jurisdiction) is taken to be a court to which an appeal from the County Court of Victoria lies, and > > > > > (c) the Supreme Court of New South Wales (in the exercise of any of its jurisdiction) is taken to be a court to which an appeal from the District Court of New South Wales lies. > > > (7) This rule does not apply in respect of a tribunal if a provision of an Act or a statutory instrument made under an Act prohibits a member or former member of the tribunal from representing a party before the tribunal or prohibits any such representation within a certain period after ceasing to be a member or in certain circumstances. > > **rule 101A:** Ins 2019 (6), Sch 1 \[4\].