The National Court Framework (NCF)
- The NCF and the Overarching Purpose
Goals of the NCF
- Key Reforms
Introduction of National Practice Areas (NPAs)
Centralised Allocation of Judicial Matters
Issuing New National Practice Notes
National Duty System
- NCF Benefits
- Contact information
The NCF is a fundamental reform of the Court and the way it operates. The key purpose of the NCF is to reinvigorate the Court's approach to case management by further modernising the Court's operations so that the Court is better placed to meet the demands of litigants and can operate as a truly national and international Court.
The overarching purpose of civil practice and procedure and case management within the individual docket system is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible: see ss 37M and 37N Federal Court of Australia Act 1976 (Cth) and Part 7 of the Central Practice Note (CPN-1).
The parties and their lawyers are expected, and have a statutory duty, to:
- co-operate with the Court and among themselves to assist in achieving the overarching purpose
- identify the real issues in dispute early and deal with those issues efficiently
- To organise and manage nationally the whole of the Court's work by reference to the great subject matter areas of the Court's work
- To organise the Court's resources to meet the demands of the broad range of work done by the Court
- To develop the confidence of the profession and the community, particularly in areas requiring a degree of specialised skill and knowledge
- To broaden the base of judicial knowledge and experience in the Court
Some of the key reforms implemented under the NCF include the:
The Court's workload has been reorganised by reference to 9 National Practice Areas (NPAs) and where applicable, Sub-areas, based on established areas of law.
This structure has been put in place in order to:
- foster consistent national practice
- the utilisation of specialised judicial and registrar skills
- the effective, orderly and expeditious discharge of the business of the Court
A detailed description of each NPA (and any Sub-areas) can be found on the Descriptions of the Court's National Practice Areas page of this site.
Each NPA and Sub-area has dedicated webpages on the Court's website. These webpages contain a summary of the NPA or Sub-area and key NPA-specific resources such as relevant forms and rules, legislation, practice notes, latest judgments and speeches.
The manner in which judges are allocated matters for their dockets has been centralised. Judge-related cases are allocated nationally, focusing on responding to the needs of the case and the parties. The individual docket system remains.
Further information about the individual docket system and national allocation system can be found on the allocation principles page on this site.
On 25 October 2016, 26 new national practice notes have been issued by the Court.
All 60 pre-existing practice notes and administrative notices have been revoked. There will no longer be any administrative State-based notices.
The new national practice notes set out the Court's case management principles and procedures. More information and the practice notes are available from the new national practice notes page on this site.
On 1 February 2016, a national duty system commenced. The key features of the system are:
- nationally consistent approach
- the creation of a Commercial and Corporations NPA Duty Judge system to operate along-side a General Duty Judge system
- a direct-to-chambers approach enabling practitioners to liaise directly with the chambers of the Duty Judge about an urgent case
- specialist assistance for self-represented litigants provided by the local registry's NCF Coordinator or Self Represented Litigant Coordinator
Some of the benefits for litigants, arising from the NCF reforms, include:
- simplified practice and procedure
- access to judicial experience and expertise
- early case management hearings
- enhanced facilitation of ADR (including mediation)
- hearings set down, wherever possible, within 6 months of the case management hearing (bearing in mind the interests of the parties and the nature of the case)
- judgment delivered within approximately 3 - 6 months of the completion of the trial
- focus on costs processes including encouragement of lump sum or apportioned cost orders at the time of judgment
For further information about the National Court Framework, please email email@example.com.