Appendix 5: Workload Statistics

Federal Court of Australia Annual Report 2015-2016

The statistics in this appendix provide comparative historical information on the work of the Court, including in certain areas of the Court's jurisdiction.

When considering the statistics it is important to note that matters vary according to the nature and complexity of the issues in dispute.

It should also be noted that the figures reported in this report may differ from figures reported in previous years. The variations have occurred through refinements or enhancements to the Casetrack database which necessitated the checking or verification and possible variation of data previously entered.

Casetrack records matters in the Court classified according to sixteen main categories, described as 'causes of action' (CoA). The classification of matters in this way causes an under representation of the workload as it does not include filings of supplementary CoAs (cross appeals and cross claims), interlocutory applications or Native Title joinder of party applications. In 2007–08 the Court started to count and report on interlocutory applications (including interim applications and notices of motion) in appellate proceedings in order to provide the most accurate possible picture of the Court's appellate workload. From 2008–09 the Court has counted all forms of this additional workload in both its original and appellate jurisdictions.

Table A5.3 on page 144 provides a breakdown of these matters. At this stage it is not possible to obtain information about finalisations of interlocutory applications (because they are recorded in the Court's case management system as a document filed rather than a specific CoA). Because of this, detailed reporting of these matters has been restricted to the information about appeals in Part 3 and Table A5.3.

In 2015, the National Court Framework reforms were introduced. The Court began reporting on matters by seven main National Practice Areas (NPAs) last financial year. This information can be found in Figure A5.9 onwards. A NPA for Criminal Cartel Trials has been identified in readiness for the Court's first filing in this area.

Table A5.1 – Summary of Workload Statistics – Original and Appellate jurisdictions
Filings of Major CoAs (including appellate and Related Actions)

Table A5.2 – Summary of Workload Statistics – Appeals and related actions only
Filings of Appeals and Related Actions

Table A5.3 – Summary of supplementary workload statistics – fillings of supplementary
CoAs (cross appeals and cross claims), interlocutory applications or Native Title joinder of party applications.

Table A5.3.1 – Finalisations of supplementary causes of action

Table A5.3.2 – Current cross appeals & cross claims as at 30 Jun 2016

Figure A5.1 – Matters filed over the last five years

Figure A5.2 – Matters filed and finalised over the last five years

The number finalised refers to those matters finalised in the relevant financial year, regardless of when they were originally filed.
 

Figure A5.3 – Age and number of current matters at 30 June 2016

A total of 3035 matters remain current at 30 June 2016. There were 225 applications still current relating to periods before those shown in Figure A5.3. Seven per cent of cases prior to 2012 are native title matters.

Figure A5.4 – Time span to complete – Matters completed (excl. native title) over the last five years

A total of 26 168 matters were completed during the five year period ending 30 June 2016, excluding native title matters. The time span, from filing to disposition of these matters, is shown in Figure A5.4 above.
 

Figure A5.5 – Time span to complete against the benchmark (excl. native title) over the last five years

The Court has a benchmark of eighty-five per cent of cases (excluding native title) being completed within eighteen months of commencement. Figure A5.5 sets out the Court's performance against this time goal over the last five years. The total number of matters (including appeals but excluding Native Title) completed for each of the last five years and the time span for completion are shown below in Table A5.4.
 

Table A5.4 – Finalisation of major CoAs in accordance with 85% benchmark (incl. appeals and related actions and excluding native title matters) over the last five years

Figure A5.6 – Migration Act matters (excl. appeals) filed over the last five years

These figures include migration applications filed under the Judiciary Act, Administrative Decisions (Judicial Review) Act and Migration Act.

Since 1 December 2005, when the Migration Litigation Reform Act commenced, almost all first instance migration cases have been filed in the Federal Circuit Court.
 

Figure A5.6.1 – Current Migration Act matters (excl. appeals) by year of filing

A total of 40 Migration Act matters remain current as at 30 June 2016.
 

Figure A5.7 – Appeals and Related Actions filed over the last five years

Figure A5.7.1 – Current Appeals and Related Actions by date filed

A total of 521 Appeals and Related Actions remain current as at 30 June 2016.
 

Figure A5.8 – Source of Appeals and Related Actions over the last five years

Table A5.5 – Appeals and Related Actions (excl. interlocutory applications)

National Court Framework

Figure A5.9 – All filings, finalisation and pending by All National Practice Areas (NPAs)

Figure A5.9.1 – All filings, finalisation and pending by Administrative and Constitutional Law and Human Rights NPA

Figure A5.9.2 – All filings, finalisation and pending by Admiralty and Maritime NPA

Figure A5.9.3 – All filings, finalisation and pending by Commercial and Corporations NPA

Figure A5.9.4 – All filings, finalisation and pending by Employment and Industrial Relations NPA

Figure A5.9.5 – All filings, finalisation and pending by Intellectual Property NPA

Figure A5.9.6 – All filings, finalisation and pending by Native Title NPA

Figure A5.9.7 – All filings, finalisation and pending by Taxation NPA