Part 1: Overview of the Federal Court of Australia

Federal Court of Australia Annual Report 2013-2014

Establishment

The Federal Court of Australia was created by the Federal Court of Australia Act 1976 and began to exercise its jurisdiction on 1 February 1977. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole jurisdiction of the Australian Industrial Court and the Federal Court of Bankruptcy.

The Court is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time.

Objectives

The objectives of the Court are to:

  • Decide disputes according to law - promptly, courteously and effectively and, in so doing, to interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution.
  • Provide an effective registry service to the community.
  • Manage the resources allotted by Parliament efficiently.

Functions and powers

The Court's original jurisdiction is conferred by over 150 statutes of the Parliament. A list of these Acts is available in the jurisdiction section of the Court's website www.fedcourt.gov.au.

The Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court and from the Federal Circuit Court in non-family law matters. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island. The Court's jurisdiction is described more fully in Part 3.

The Court's outcome and programme structure

The Court's outcome and programme structure appears in Part 4 on page 48.

This report uses the outcome and programme structure to outline the Court's work and performance during 2013-14. Part 3 reports on these issues in detail.

Judges of the Court

The Federal Court of Australia Act provides that the Court consists of a Chief Justice and other judges as appointed. The Chief Justice is the senior judge of the Court and is responsible for managing the business of the Court.

Judges of the Court are appointed by the Governor-General by commission and may not be removed except by the Governor-General on an address from both Houses of Parliament in the same session. All judges must retire at the age of seventy.

Judges, other than the Chief Justice, may hold more than one judicial office. Most judges hold other commissions and appointments.

At 30 June 2014 there were forty-seven judges of the Court. They are listed below in order of seniority with details about any other commissions or appointments held on courts or tribunals. Of the forty-seven judges, there were two whose work as members of other courts or tribunals occupied all, or most, of their time.

Judges of the Court (as at 30 June 2014)

Judge Location Other Commissions/Appointments
Chief Justice
The Hon James Leslie Bain
ALLSOP AO
Sydney  
The Hon Shane Raymond
MARSHALL
Melbourne Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge
The Hon Anthony Max
NORTH
Melbourne Industrial Relations Court of Australia – Judge

Supreme Court of the ACT – Additional Judge
The Hon John Ronald
MANSFIELD AM
Adelaide Supreme Court of the ACT – Additional Judge

Supreme Court of the NT – Additional Judge

Australian Competition Tribunal – Part-time President

Administrative Appeals Tribunal – Presidential Member

Aboriginal Land Commissioner – Part-time
The Hon John Alfred
DOWSETT AM
Brisbane Supreme Court of the ACT – Additional Judge
The Hon Susan Coralie
KENNY
Melbourne Administrative Appeals Tribunal – Presidential Member
The Hon Peter Michael
JACOBSON
Sydney Supreme Court of Norfolk Island – Chief Justice

Australian Competition Tribunal – Part-time Deputy President
The Hon Annabelle Claire
BENNETT AO
Sydney Supreme Court of the ACT – Additional Judge

Administrative Appeals Tribunal – Presidential Member

Copyright Tribunal – President
The Hon Antony Nicholas
SIOPIS
Perth Administrative Appeals Tribunal – Presidential Member
The Hon Richard Francis
EDMONDS
Sydney Supreme Court of the ACT – Additional Judge

Administrative Appeals Tribunal – Presidential Member
The Hon Andrew Peter
GREENWOOD
Brisbane Administrative Appeals Tribunal – Presidential Member
The Hon Steven David
RARES
Sydney Supreme Court of the ACT – Additional Judge
The Hon Berna
COLLIER
Brisbane Australian Law Reform Commission – Part-time Commissioner

Supreme and National Courts of Justice of Papua
New Guinea – Judge
The Hon Anthony James
BESANKO
Adelaide Supreme Court of the ACT – Additional Judge

Supreme Court of Norfolk Island – Judge
The Hon Christopher Neil
JESSUP
Melbourne  
The Hon
Richard Ross Sinclair
TRACEY AM RFD
Melbourne Australian Defence Force – Judge Advocate General

Defence Force Discipline Appeal Tribunal – President
The Hon John Eric
MIDDLETON
Melbourne Australian Competition Tribunal – Part-time Deputy President

Administrative Appeals Tribunal – Presidential Member

Australian Law Reform Commission – Part-time Commissioner
The Hon Robert John
BUCHANAN
Sydney Supreme Court of the ACT – Additional Judge

Supreme Court of Norfolk Island – Judge
The Hon John
GILMOUR
Perth Supreme Court of the ACT – Additional Judge
The Hon Michelle Marjorie
GORDON
Melbourne  
The Hon John Alexander
LOGAN RFD
Brisbane Administrative Appeals Tribunal – Presidential Member

Defence Force Discipline Appeal Tribunal – Member

Supreme and National Courts of Justice of Papua
New Guinea – Judge
The Hon Geoffrey Alan
FLICK
Sydney  
The Hon Neil Walter
McKERRACHER
Perth  
The Hon John Edward
REEVES
Brisbane Supreme Court of the NT – Additional Judge
The Hon Nye
PERRAM
Sydney Copyright Tribunal – Deputy President

Australian Law Reform Commission – Part-time Commissioner

Administrative Appeals Tribunal – Presidential Member
The Hon Jayne Margaret
JAGOT
Sydney Supreme Court of the ACT – Additional Judge

Administrative Appeals Tribunal – Presidential Member

Copyright Tribunal – Deputy President
The Hon Lindsay Graeme
FOSTER
Sydney Supreme Court of the ACT – Additional Judge

Australian Competition Tribunal – Part-time Deputy President
The Hon Michael Laurence
BARKER
Perth Administrative Appeals Tribunal – Presidential Member
The Hon John Victor
NICHOLAS
Sydney  
The Hon David Markey
YATES
Sydney  
The Hon Mordecai
BROMBERG
Melbourne  
The Hon Anna Judith
KATZMANN
Sydney Supreme Court of the ACT – Additional Judge
The Hon Alan
ROBERTSON
Sydney  
The Hon Bernard
MURPHY
Melbourne  
The Hon Iain James Kerr
ROSS AO
Melbourne Fair Work Australia – President
The Hon John Edward
GRIFFITHS
Sydney  
The Hon Duncan James
Colquhoun
KERR Chev LH
Hobart Administrative Appeals Tribunal – President
The Hon Lucy Kathleen
FARRELL
Sydney  
The Hon Tony
PAGONE
Melbourne  
The Hon Jennifer
DAVIES
Melbourne  
The Hon Debra Sue
MORTIMER
Melbourne  
The Hon Darryl Cameron
RANGIAH
Brisbane  
The Hon Richard Conway
WHITE
Adelaide  
The Hon Michael Andrew
WIGNEY
Sydney Supreme Court of the ACT – Additional Judge
The Hon Melissa Anne
PERRY
Sydney Supreme Court of the ACT – Additional Judge
The Hon Jacqueline Sarah GLEESON Sydney  
The Hon Jonathan
BEACH
Melbourne  

The Chief Justice was absent on the following dates during the year. Acting Chief Justice arrangements during these periods were as follows:

  • 22 December 2013 - 26 January 2014 The Hon Justice Marshall
  • 15-21 April 2014 The Hon Justice North
  • 17-30 May 2014 The Hon Justice Marshall
  • 23-27 June 2014 The Hon Justice North

Most of the judges of the Court devote some time to other courts and tribunals on which they hold commissions or appointments. Judges of the Court also spend a lot of time on activities related to legal education and the justice system. More information about these activities is set out in Part 3 and Appendix 8.

Appointments and retirements during 2013-14 #

During the year eight judges were appointed to the Court:

The Honourable Justice Jennifer Davies
(resident in Melbourne) was appointed on 4 July 2013.

The Honourable Justice Debra Mortimer
(resident in Melbourne) was appointed on 12 July 2013.

The Honourable Justice Darryl Rangiah
(resident in Brisbane) was appointed on 13 August 2013.

The Honourable Justice Richard White
(resident in Adelaide) was appointed on 31 August 2013.

The Honourable Justice Michael Wigney
(resident in Sydney) was appointed on 9 September 2013.

The Honourable Justice Melissa Perry
(resident in Sydney) was appointed on 23 September 2013.

The Honourable Justice Jacqueline Gleeson
(resident in Sydney) was appointed on 15 April 2014.

The Honourable Justice Jonathan Beach
(resident in Melbourne) was appointed on 30 June 2014.

During the year four judges retired from the Court:

The Honourable Justice Bruce Thomas Lander
resigned his commission as a judge of the Court with effect from 31 August 2013.

The Honourable Justice Terence John Higgins
retired upon reaching the compulsory retirement age for federal judges on 12 September 2013.

The Honourable Justice Dennis Antill Cowdroy
retired upon reaching the compulsory retirement age for federal judges on 15 March 2014.

The Honourable Justice Julie Anne Dodds-Streeton
resigned her commission as a judge of the Court with effect from 1 April 2014.

Other appointments, awards, resignations and retirements during the year included:

Justice Perram was appointed a Presidential Member of the Administrative Appeals Tribunal
on 2 July 2013.

Justice Bennett was appointed President of the Copyright Tribunal of Australia for a period of three years with effect from 25 July 2013.

Justice Besanko was appointed a Judge of the Supreme Court of Norfolk Island with effect
from 5 August 2013.

Justice Wigney was appointed an Additional Judge of the Supreme Court of the Australian Capital Territory with effect from 9 December 2013.

Justice Tracey was made a Member of the Order of Australia (AM) in the Australia Day Honours Awards.

Justice Perry was appointed an Additional Judge of the Supreme Court of the Australian Capital Territory with effect from 14 May 2014.

FEDERAL COURT REGISTRIES

REGISTRAR

Mr Warwick Soden is the Registrar of the Court. The Registrar is appointed by the Governor-General on the nomination of the Chief Justice. The Registrar has the same powers as the Head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Court employed under the Public Service Act 1999 (section 18Q of the Federal Court of Australia Act).

PRINCIPAL AND DISTRICT REGISTRIES

The Principal Registry of the Court, located in Sydney, is responsible for the overall administrative policies and functions of the Court's registries and provides policy advice, human resources, financial management, information technology support, library services, property management and support to the judges' committees.

There is a District Registry of the Court in each capital city. The District Registries provide operational support to the judges in each state, as well as registry services to legal practitioners and members of the public. The registries receive court and related documents, assist with the arrangement of court sittings and facilitate the enforcement of orders made by the Court.

The Registry of the Copyright Tribunal is located in the New South Wales District Registry. The Victorian Registry is the Principal Registry for the Defence Force Discipline Appeal Tribunal. The South Australia Registry is the Principal Registry for the Australian Competition Tribunal. Most other District Registries are also registries for these two Tribunals. The Queensland, South Australia, Western Australia and Northern Territory District Registries are registries for the High Court. The Tasmania District Registry provides registry services for the Administrative Appeals Tribunal.

The registries of the Court are also registries for the Federal Circuit Court in relation to non-family law matters.

More information on the management of the Court is outlined in Part 4.

OFFICERS OF THE COURT

Officers of the Court are appointed by the Registrar under section 18N of the Federal Court of Australia Act and are:

(a) a District Registrar for each District Registry

(b) Deputy Registrars and Deputy District Registrars

(c) a Sheriff and Deputy Sheriffs

(d) Marshals under the Admiralty Act 1988

The registrars must take an oath or make an affirmation of office before undertaking their duties (section 18Y of the Federal Court of Australia Act). Registrars perform statutory functions assigned to them by the Federal Court of Australia Act, Federal Court Rules 2011, Federal Court (Bankruptcy) Rules 2005 and the Federal Court (Corporations) Rules 2000. These include issuing process, taxing costs and settling appeal indexes. They also exercise various powers delegated by judges under the Bankruptcy Act 1966, Corporations Act 2001 and Native Title Act 1993. A number of staff in each registry also perform functions and exercise delegated powers under the Federal Circuit Court of Australia Act 1999. Appendix 4 on page 134 lists the registrars of the Court.

STAFF OF THE COURT

The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs and Marshals) are appointed or employed under the Public Service Act. On 30 June 2014 there were 472 staff employed under the Public Service Act. Generally, judges have two personal staff members. More details on Court staff are set out in Part 4 and Appendix 9.


Erratum

# The above list has been updated to correct an error in the printed version of the Annual Report. Justice Wigney was accidentally omitted from the list of judges appointed to the Court during the reporting period.

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