Application of guidelines and barrister selection

1. The Transport Accident Commission (TAC) retains a broad range of barristers in its role as a purchaser of legal services.

2. These guidelines apply to the engagement of barristers by the TAC, through use of the TAC Preferred Barristers List (the List), on all briefs to carry out services for the conduct of litigation and related advice as allocated by the TAC.

3. In selecting a barrister from the List, all reasonable endeavours are made to:

  • identify all barristers in the relevant practice area with the appropriate existing or emerging skill sets;
  • generally consider engaging such barristers;
  • ensure compliance with the Law Council of Australia’s Equitable Briefing Policy;
  • regularly monitor and review the engagement of barristers.

4. The TAC also reserves the right to approach a barrister not on the List, considered suitable to undertake its work in appropriate circumstances such as specialised expertise, change of availability, or capacity of the List. In this case fees will be agreed before work commences.

5. The TAC will review the List on an annual basis. Subject to the discretion of the Senior Manager Legal any barrister on the List:

  • who has not been briefed in the preceding 24 months, may be removed from the List; or
  • whose performance has been assessed by the Committee having regard to feedback received as less than acceptable in the preceding 24 months, may be removed from the List.

6. Where a barrister is removed from the List their clerk will be advised accordingly.

7. A barrister who has been removed from the List can re-apply for inclusion at any time and will be considered in accordance with these guidelines.

Joining the TAC Preferred Barristers List

8. All barristers not currently performing TAC work, who wish to accept work for the TAC, are required to put their request in writing to the TAC by completing the Application to Join TAC Preferred Barrister List form below:

9. In order to ensure the most suitably qualified and experienced barristers join the List, applications are assessed according to the specific needs of the TAC at the time of review.

10. All applications are assessed by reviewing information submitted on behalf of the applicant including the application form, a curriculum vitae, and any other attachments. Consideration may also include feedback from clients, other legal professionals, the judiciary and other relevant stakeholders, and previous dealings with the TAC, where relevant.

11. The completed form, along with a curriculum vitae and any other relevant attachments, should be emailed to taclegal@tac.vic.gov.au and marked attention to the Senior Manager Legal.

12. The request will be considered by the TAC’s Senior Manager Legal or their delegate, assisted by the Barrister Review Committee made up of nominated management representatives across the TAC (the Committee) at the next scheduled List intake meeting.

13. List intake meetings occur in or around March and September every year. Applications may be considered outside these intake meetings at the discretion of the TAC.

14. Within 7 days of that meeting, a decision will be made and communicated to either the barrister and/or their clerk. The decision will be communicated in writing and will include the initial determined fee if the barrister is to undertake work on behalf of the TAC.

Conduct

15. A barrister on the List will be expected to act in accordance with the TAC’s Engagement of Claims Litigation Barrister Guidelines and the relevant Barrister Fee and Performance Review Guidelines.

16. It is also expected that a barrister engaged by the TAC will comply with the State of Victoria Model Litigant Guidelines (2011), Legal Professional Uniform Conduct (Barrister) Rules and Code of Conduct for Victorian Public Sector Employees.

17. It is also expected that a barrister will not engage in any conduct that could be perceived or is likely to damage the reputation of the TAC.

Timelines

18. The TAC expects that any brief for written work should be carried out in a timely manner, unless the TAC is advised to the contrary within five working days of a barrister having received the brief.

Working electronically

19.The TAC expects that a barrister who accepts a brief on behalf of the TAC will be able to accommodate the requirement to work electronically.

Accepting briefs

20.The TAC expects that a barrister will not, save in the case of circuit matters, accept another brief for the same day/days as the TAC brief unless express approval is sought from the TAC.

Any further questions regarding the application of these guidelines should be directed to the Senior Manager Legal via email at taclegal@tac.vic.gov.au

Last reviewed: 29 June 2022
Next review due: June 2023