Appendix 6: Workload Statistics

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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 eleven main categories, described as 'causes of action' (COA). The Court presently reports on filings by major COA. This is an under representation of the workload as it does not include filings of supplementary COA's (cross appeals and cross claims), interlocutory applications (initiated by the filing of a notice of motion) or Native Title joinder of party applications. In 2007-08 the Court started to count and report on 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 6.4 on page 118 provides a breakdown of these matters. At this stage it is not possible to obtain information about finalisations of notices of motion (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 Chapter 3 and Table 6.4. All other tables and figures in this Appendix and through the Report are based on major COA.

Table 6.1 - Summary of Workload Statistics - Original and Appellate Jurisdiction

Filings of Major COAs (including Appeals and Related Actions)

Cause of Action 2005-06 2006-07 2007-08 2008-09 2009-10
Total COAs
Filed 6157 4925 4428 3862 3642
Finalised 6237 5225 4735 4124 3519
Current 3520 3220 2913 2651 2774
Corporations
Filed 2909 1926 1695 1673 1676
Finalised 2716 2086 1680 1744 1392
Current 678 518 533 462 746
Bankruptcy
Filed 390 282 247 208 187
Finalised 412 343 264 235 159
Current 181 120 103 76 104
Native Title
Filed 67 66 33 42 36
Finalised 81 93 73 91 70
Current 614 587 547 498 464
Total COAs (excluding Corporations, Bankruptcy & Native Title)
Filed 2791 2651 2453 1936 1743
Finalised 3028 2703 2718 2054 1898
Current 2047 1995 1730 1615 1460

Table 6.2 - Summary of Workload Statistics - Excluding Appeals and related actions

Cause of Action

2005-06

2006-07

2007-08

2008-09

2009-10

Total COAs (ex. Appeals & Related Actions)

Filed 4826 3543 3074 2988 2949
Finalised 4871 3842 3255 3197 2758
Current 2992 2693 2512 2303 2494
Corporations (ex. Appeals & Related Actions)
Filed 2897 1903 1678 1636 1642
Finalised 2709 2064 1660 1716 1362
Current 667 506 524 444 724
Bankruptcy (ex. Appeals & Related Actions)
Filed 332 223 201 148 127
Finalised 355 289 206 171 115
Current 153 87 82 59 71
Native Title (ex. Appeals & Related Actions)
Filed 60 50 27 37 33
Finalised 78 80 63 86 65
Current 607 577 541 492 460
Total COAs (excl. Appeals & Related Actions & excluding Corporations, Bankruptcy & Native Title)
Filed 1537 1367 1168 1161 1147
Finalised 1729 1409 1326 1224 1216
Current 1565 1523 1365 1308 1239

Table 6.3 - Summary of Workload Statistics - Appeals and Related Actions only

Cause of Action

2005-06

2006-07

2007-08

2008-09

2009-10

Total Appeals & Related Actions

Filed 1331 1382 1354 874 693
Finalised 1366 1383 1480 927 761
Current 528 527 401 348 280
Corporations Appeals & Related Actions
Filed 12 23 17 37 34
Finalised 7 22 20 28 30
Current 11 12 9 18 22
Migration Appeals & Related Actions
Filed 1028 1050 997 515 376
Finalised 1009 1079 1099 616 423
Current 370 341 239 138 91
Native Title Appeals & Related Actions
Filed 7 16 6 5 3
Finalised 3 13 10 5 5
Current 7 10 6 6 4
Total Appeals & Related Actions - (excl. Corporations, Migration & Native Title Appeals & Related Actions)
Filed 284 293 334 320 280
Finalised 347 269 351 278 303
Current 140 164 147 186 163

Table 6.4 - Summary of supplementary workload statistics

Filings of supplementary causes of action

 

2005-06

2006-07

2007-08

2008-09

2009-10

Total actions (excluding Appeals & Related Actions)

Cross Appeals (original jurisdiction) 3 11 2 5 6
Cross Claims 216 198 177 190 205
Notices of Motion 1,674 1,809 1,592 1,605 1,592
Native Title (NT) Joinder of party applications 377 89 135 482 364
           
Appeals & Related Actions          
Cross Appeals 22 15 18 21 15
Notices of Motion 165 145 156 175 152
 
Total actions (including Appeals & Related Actions)
Cross Appeals 25 26 20 26 21
Cross Claims 216 198 177 190 205
Notices of Motion 1,839 1,954 1,748 1,780 1,744
NT Joinder of party applications  377 89 135 482 364
Totals 2,457 2,267 2,080 2,478 2,334
           
Finalisations of supplementary causes of action
  2005-06 2006-07 2007-08 2008-09 2009-10
Total Actions (excluding Appeals & Related Actions)
Cross Appeals (original jurisdiction) 0 5 8 1 5
Cross Claims 106 208 215 165 159
NT Joinder of party applications 377 89 135 482 364
           
Appeals & Related Actions          
Cross Appeals 18 16 20 23 9
 
Total actions (including Appeals & Related Actions)
Cross Appeals 18 21 28 24 14
Cross Claims 107 208 215 165 159
NT Joinder of party applications 377 89 135 482 364
Totals 502 318 378 671 537
 
Current Cross Appeals & Cross Claims as at 30 June 2010
Appeals & Related Actions
Cross Appeals 20        
 
Total Supplementary COAs (excluding Appeals & Related Actions)
Cross Appeals (original jurisdiction) 8        
Cross Claims 290        
 
Total Supplementary COAs (including Appeals & Related Actions)
Cross Appeals 28        
Cross Claims 290        
Totals 318        

Note: Table 6.4 has been refined and now includes notices of motion for interim applications in bankruptcy in the Court's original jurisdiction. These statistics were not counted in the 2008-09 Annual Report and, therefore, the notices of motion figures in the original jurisdiction are higher than reported last year.

Figure 6.1 - Matters filed 2005-06 to 2009-10

Matters filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Filings of Appeals & Related Actions 1331 1382 1354 874 693
Filings of Major COAs (excluding Appeals & Related Actions) 4826 3543 3074 2988 2949
Total 6157 4925 4428 3862 3642

Figure 6.2 - Matters filed and finalised 2005-06 to 2009-10

Matters filed and finalised 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Filed 6157 4925 4428 3862 3642
Finalised 6237 5225 4735 4124 3519

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

Figure 6.3 - Age and number of current matters at 30 June 2010

Figure 6.3 - Age and number of current matters at 30 June 2010

  Prior to 2005

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 488 58 100 138 332 1658

A total of 2,774 matters remain current at 30 June 2010. There were 488 applications still current relating to periods before those shown in the graph. Over 73% of cases prior to 2005 are native title matters.

Figure 6.4 - Time span to complete - Matters completed (excl. native title) in the period 1 July 2005 to 30 June 2010

Figure 6.4 - Time span to complete - Matters completed (excl. native title) in the period 1 July 2005 to 30 June 2010

 

<6 months

6–12 months 12–18 months 18–24 months >24 months
Matters 71.3% 13.9% 5.3% 2.9% 6.5%

A total of 23,468 matters were completed during the five year period ending 30 June 2010, excluding native title matters. The time span, from filing to disposition of these matters, is shown in the graph above.

Figure 6.5 - Time span to complete benchmark (excl. native title) 2005-06 to 2009-10

Figure 6.5 - Time span to complete benchmark (excl. native title) 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Benchmark 85% 85% 85% 85% 85%
Percentage Completed 91.1% 91.7% 90.5% 90.4% 88.0%

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.

Table 6.5 - Finalisation of major COAs in accordance with 85% benchmark (incl. appeals and related actions and excluding native title matters)

Percentage completed

2005-06

2006-07

2007-08

2008-09

2009-10

Under 18 months 5612 4717 4226 3651 3041
% of Total 91.1% 91.7% 90.5% 90.4% 88.0%
Over 18 months 547 428 446 387 413
% of Total 8.9% 8.3% 9.5% 9.6% 12.0%
Total COAs 6159 5145 4672 4038 3454

Figure 6.6 - Bankruptcy Act matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.6 - Bankruptcy Act matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 332 223 201 148 127

Figure 6.6.1 - Current Bankruptcy matters (excl. appeals) by year of filing

Figure 6.6.1 - Current Bankruptcy matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 5 0 3 2 9 52

A total of 71 Bankruptcy Act matters remain current as at 30 June 2010.

Figure 6.7 - Corporations Act matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.7 - Corporations Act matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 2897 1903 1678 1636 1642

Figure 6.7.1 - Current Corporations Act matters (excl. appeals) by year of filing

Figure 6.7.1 - Current Corporations Act matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 5 11 14 38 69 587

A total of 724 Corporations Act matters remain current as at 30 June 2010.

Figure 6.8 - Trade Practices Act matters (excl. competition law and appeals) filed 2005-06 to 2009-10

Figure 6.8 - Trade Practices Act matters (excl. competition law and appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 218 281 184 221 239

Figure 6.8.1 - Current Trade Practices Act matters (excl. competition law and appeals) by year of filing

Figure 6.7.1 - Current Corporations Act matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 8 5 17 19 52 168

A total of 269 non-competition law Trade Practices Act matters remain current as at 30 June 2010.

Figure 6.9 - Migration Act matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.9 - Migration Act matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 127 46 50 40 20

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 Magistrates Court.

Figure 6.9.1 Current Migration Act matters (excl. appeals) by year of filing

Figure 6.9.1 Current Migration Act matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 1 2 1 0 0 6

A total of 10 Migration Act matters remain current as at 30 June 2010.

Figure 6.10 - Admiralty Act matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.10 - Admiralty Act matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 80 56 40 69 54

Figure 6.10.1 - Current Admiralty matters (excl. appeals) by year of filing

Figure 6.10.1 - Current Admiralty matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 1 4 3 3 20 37

A total of 68 Admiralty Act matters remain current as at 30 June 2010.

Figure 6.11 - Native Title Act matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.11 - Native Title Act matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 60 50 27 37 33

Figure 6.11.1 - Current Native Title matters (excl. appeals) by year of filing

Figure 6.11.1 - Current Native Title matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 357 20 20 8 23 32

A total of 460 Native Title matters remain current as at 30 June 2010.

Figure 6.12 - Workplace Relations/Fair Work matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.12 - Workplace Relations/Fair Work matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 246 161 111 157 43

Figure 6.12.1 Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing

Figure 6.12.1 Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 0 0 2 4 20 25

A total of 51 Workplace Relations/Fair Work cases remain current as at 30 June 2010.

Figure 6.13 Taxation matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.13 Taxation matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 289 264 241 128 171

Figure 6.13.1 Current taxation matters (excl. appeals) by year of filing

Figure 6.13.1 Current taxation matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 101 7 17 20 29 131

A total of 305 taxation cases remain current as at 30 June 2010.

Figure 6.14 - Intellectual Property Matters (excl. appeals) filed 2005-06 to 2009-10

Figure 6.14 - Intellectual Property Matters (excl. appeals) filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 216 219 212 199 195

Figure 6.14.1 - Current Intellectual Property matters (excl. appeals) by year of filing

Figure 6.14.1 - Current Intellectual Property matters (excl. appeals) by year of filing

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 7 6 14 30 46 115

A total of 218 intellectual property cases remain current as at 30 June 2010.

Figure 6.15 - Appeals and Related Actions filed 2005-06 to 2009-10

Figure 6.15 - Appeals and Related Actions filed 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 1331 1382 1354 874 693

Figure 6.15.1 - Current Appeals and Related Actions by date filed

Figure 6.15.1 - Current Appeals and Related Actions by date filed

  Pre 2005-06

2005-06

2006-07 2007-08 2008-09 2009-10
Matters 0 0 6 0 23 251

A total of 280 Appeals and Related Actions remain current as at 30 June 2010.

Figure 6.16 - Source of Appeals and Related Actions 2005-06 to 2009-10

Figure 6.16 - Source of Appeals and Related Actions 2005-06 to 2009-10

 

2005-06

2006-07 2007-08 2008-09 2009-10
Federal Court 286 257 269 274 227
Federal Magistrates Court 1039 1107 1067 588 460
Other Courts 6 18 18 12 6

Table 6.6 - Appeals and Related Actions

Source

2005-06

2006-07

2007-08

2008-09

2009-10

Federal Court 286 21.5% 257 18.6% 269 19.9% 274 31.4% 227 32.8%
Federal Magistrates Court 1039 78.1% 1107 80.1% 1067 78.8% 588 67.3% 460 66.4%
Other Courts 6 0.5% 18 1.3% 18 1.3% 12 1.4% 6 0.9%
Total by Period 1331   1382   1354   874   693