Robing and Court Attire
Robing and Court Attire
Below are some links to guide you when you inevitably are asked to find out if counsel is required to robe. These policies aim to ensure barristers appearing before the courts meet expectations.
This policy applies to:
barristers appearing in proceedings before the Court of Appeal, Court of Criminal Appeal, Common Law Division, and Equity Division
barristers attending ceremonial sittings of the Supreme Court
If you need to confirm with the associate here is the list of Judicial officer contacts
The Following robing practices apply in the Federal Court unless a judge otherwise orders, having regard to the nature or circumstance of a particular matter.
To contact an associate directly, the email format is: associate.judgeJ@fedcourt.gov.au
Find the List of Judicial officer contacts here.
The following robing requirements apply to the Federal Circuit Court (“the FCC”) in all of its jurisdictions:
These arrangements are subject to contrary directions made by the presiding Judge - to take into account (for example) the nature of the venue in which the FCC is sitting, or the unavailability of air conditioning.
High Court of Australia
When appearing before the High Court of Australia: in the appellate jurisdiction, barristers wear what is customarily worn in the Court of Appeal or Court of Criminal Appeal of the state Supreme Court from which the appeal has been brought, and in the original jurisdiction, barristers wear what is customarily worn in the Court of Appeal of the Supreme Court in the state in which they ordinarily practice.
Fair Work Commission of Australia
Robes and wigs are not worn.
Family Court of Australia
Judges of the Family Court have dispensed with wigs and adopted a new gown. The court has also released a new robing policy. Unless a judge otherwise orders, having regard to the nature or circumstances of a particular matter:
Wigs are not worn on any occasion
Robes, and any related attire are worn for:
trials
appeals
all other final hearings, including the final hearing of a separate issue
and for the delivery of judgment after all such hearings
ceremonial sittings
Robes are not worn for any other hearing, including the hearing of an interlocutory issue and matters before a registrar.
In the event of any doubt, enquiry should be made to the associate of the presiding judge.
Administrative Appeals Tribunal
Robes and wigs are not worn.
Australian Competition Tribunal
Robes and wigs are not worn.
Copyright Tribunal
Robes and wigs are not worn.
Defence Force Discipline Appeal Tribunal
Tribunal members do not wear robes and wigs when hearing an appeal or application for leave to appeal. A barrister appearing before the Tribunal within Australia wears the same attire as is required if appearing before the Court of Criminal Appeal or its equivalent in the State or Territory where that hearing is taking place.
Federal Police Disciplinary Tribunal
Robes and wigs are not worn
Land and Environment Court of NSW
Whether or not robes are worn in a particular matter depends upon the class of the matter, and not the nature of the hearing. Robes but not wigs are worn for all ceremonial sittings. Refer to table that follows.
Type of proceedings Attire
Class 3 compensation, encroachment, boundary claims Robes are to be worn, but wigs are not to be worn.
Class 4 matters Robes are to be worn, but wigs are not to be worn.
Class 5 matters Robes are to be worn, but wigs are not to be worn.
Class 6 matters Robes are to be worn, but wigs are not to be worn.
Class 7 matters Robes are to be worn, but wigs are not to be worn.
Ceremonial sittings Robes are to be worn, but wigs are not to be worn
For all other proceedings, Robes and wigs are not to be worn.
Industrial Relations Commission of NSW
Barristers do not wear robes or wigs in this jurisdiction. There is no ceremonial sitting or other event which requires robes or wigs to be worn.
District Court of New South Wales
The District Court has announced that wigs are no longer to be worn in District Court civil matters. Although this is the official policy of the court, the policy is not mandatory upon every judge. Situations may arise where counsel may appear in civil matters before a judge who chooses to wear a wig.
The association has communicated with the court, which has indicated that in these circumstances that it will not be a discourtesy for counsel to appear before the court without a wig, in compliance with the general policy of the court.
Robes should be worn in any civil matter.
Criminal matters: Barristers traditionally wear robes and wigs in the District Court except on chambers matters. Barristers do not wear a wig if the judge appears without a wig at the outset.
Ceremonial occasions: barristers wear robes and wigs; in the case of silk, full bottomed wigs are worn.
Robes are not required for civil motions before the Registrar.
Dust Diseases Tribunal
Robes and wigs are worn for the hearing of all matters other than at Directions Hearings and other interlocutory proceedings. The wearing of full-bottomed wigs by silks is reserved for ceremonial occasions.
Administrative Decisions Tribunal
Robes and wigs are not worn in the Administrative Decisions Tribunal including the Appeal Panel.
Drug Court of NSW
Robes and wigs are not worn in the Drug Court of NSW.
Local Court
Magistrates have robed since Monday, 5 December 2005. Practitioners are not to be robed.
Workers Compensation Commission
Robes and wigs are not worn in the Workers Compensation Commission.
ACT Courts
Refer to Practice Direction No.6 of 2003 'Robing in the Supreme Court'. When a practitioner appears in the court as a barrister they should wear traditional robes in matters where the judge robes subject to the following:
Wigs are no longer to be worn in civil matters;
Wigs should be worn in all criminal matters (including appeals) in which the Judge wears robes.
Practitioners are to wear wigs when appearing in the High Court of Australia when the judges robe. Counsel are to wear wigs and gowns for ceremonial sittings.