FEDERAL COURT OF AUSTRALIA

ANNUAL REPORT 1996-1997

APPENDIX 6: WORKLOAD STATISTICS

Introduction

The statistics in this appendix provide comparative historical information in relation to the work of the Court, in particular, comparative statistics concerning aspects of the Court’s jurisdiction.

It should be noted that, in this report, the figures reported may be marginally different from figures reported in previous reports. During the year as part of the process of implementation of the Individual Docket System, the Court conducted an audit of its pending caseload. The reasons for the audit were to ensure that the Court could account for all its pending caseload, and could ensure that the management of the inventory would be conducted in a way so that cases would not be delayed beyond the 18 months time goal set by the Court. The audit also identified the number and types of cases which would be likely to be allocated at first instance to Judges’ Individual Dockets.

The audit disclosed a number of matters which had been settled or disposed and had not been so identified by the parties or the Court and consequently the identification of these matters may have affected marginally the statistics of disposed and pending matters in previous reporting years.

During the 1996-97 year several Acts commenced which affected the way the Court recorded the statistics reported on pages 96 to 116.

The Bankruptcy Act was amended by the Bankruptcy Legislation Amendment Act which commenced on 16 December 1996. Many of the administrative functions previously performed by the Registrars in Bankruptcy were transferred to Insolvency and Trustee Service, Australia and the office of Registrar in Bankruptcy was abolished. The functions transferred include the acceptance of debtors’ petitions and issuing of bankruptcy notices. Prior to 16 December 1996 matters under the Bankruptcy Act were recorded in BIOS, a specific bankruptcy database. From 16 December 1996 bankruptcy matters are included in the FEDCAMS database.

The Industrial Relations Act was amended by the Workplace Relations and Other Legislation Amendment Act, including a change of name to the Workplace Relations Act. The jurisdiction of the Industrial Relations Court of Australia was transferred to the Court on 26 May 1997. The effect of this was that matters part-heard in the Industrial Relations Court remained in that Court but 381 other matters were transferred to the Federal Court. New matters under the Workplace Relations Act were commenced in the Federal Court from that date.

The Workplace Relations and Other Legislation Amendment Act also amended the Federal Court of Australia Act by deleting references to the Divisional structure of the Court. For this reporting year matters which would previously have been recorded in the Industrial Division have been recorded in the General Division. For the next reporting year the reference to General Division will be deleted.

For comparative purposes the creditors’ petitions now filed in the FEDCAMS database since 16 December 1996 have not been included for 1996-97 to enable a true comparison with previous years.

The number of creditors’ petitions filed in 1996-97 was 1,925. Creditors’ petitions have been included in relevant graphs that follow.

General Division matters filed 1992-93 to 1996-97 (excluding bankruptcy to 15 December 1996)

The Bankruptcy Act was amended in December 1996 by the Bankruptcy Legislation Amendment Act. Following the amendments, creditors’ petitions and other applications relating to bankruptcy estates are included in the Court’s FEDCAMS database. Previously this information was included in BIOS, a specific bankruptcy database.

Note: (a) For 1996-97, 1,925 creditors’ petitions filed since 16 December 1996 have been included as have 381 industrial matters transferred from the Industrial Relations Court of Australia on 26 May 1997.

General Division matters finalised 1992-93 to 1996-97 (excluding bankruptcy)

Note: (a) For 1996-97, 1,925 creditors’ petitions filed since 16 December 1996 and 381
industrial matters transferred from the Industrial Relations Court of Australia
on 26 May 1997 are included in the total of 5,780.
(b) For 1996-97 the number finalised at 30 June 1997 includes 887 creditors’
petitions and 35 industrial matters.

General Division current matters 1992-93 to 1996-97 (excluding bankruptcy to 15 December 1996)

A total of 4,669 matters remain current as at 30 June 1997. The age of these are shown in the graph above. In addition, there were 74 matters still current relating to periods before those shown on the graph.

Corporations Law current matters 1992-93 to 1996-97
This figure shows that at the end of the reporting year 273 matters commenced in 1996-97were still pending and, by comparison, 7 matters commenced in 1992-93 were still pending at the end of the reporting year. (NB: There are 3 matters pending from 1991-92.)

Table 6.2 Corporations Law current matters - historical

Matters Matters Matters Matters Matters
Age of matters current as at current as at current as at current as at current as at
30 Jun 93 30 Jun 94 30 Jun 95 30 Jun 96 30 Jun 97
under 6 months 202 344 394 468 194
6-12 months 65 92 96 129 79
12-18 months 58 42 48 74 44
under
18 months 325 478 538 671 317
1.5 - 2 years 21 23 29 30 57
over 2 years 7 40 65 41 65
over
1.5 years 28 63 94 71 122
Total 353 541 632 742 439

Trade Practices Act 1974 matters 1992-93 to 1996-97

Table 6.3 Trade Practices Act current matters - historical

Matters Matters Matters Matters Matters
Age of matters current as at current as at current as at current as at current as at
30 Jun 93 30 Jun 94 30 Jun 95 30 Jun 96 30 Jun 97
under 6 months 249 169 206 180 153
6-12 months 255 180 154 166 142
12-18 months 123 128 87 116 86
under
18 months 627 477 447 462 381
1.5 - 2 years 88 132 98 98 82
over 2 years 126 143 213 186 177
over
1.5 years 214 275 311 284 259
Total 841 752 758 746 640

Administrative Decisions (Judicial Review) Act 1977 matters 1992-93 to 1996-97

Admiralty Act 1988 matters 1992-93 to 1996-97

Appeals to the Full Court General Division 1992-93 to 1996-97 Bankruptcy Act 1966 - creditors' petitions presented 1992-93 to 1996-97 Bankruptcy Act 1966 - debtors' petitions presented 1992-93 to 1996-97 Bankruptcy Act 1966 - Part X matters 1992-93 to 1996-97

On 16 December 1996 the Bankruptcy Act was amended by the Bankruptcy Legislation Amendment Act. Following the amendments, documents in matters under Part X of the Bankruptcy Act are required to be filed at Insolvency and Trustee Service, Australia. At the date of transfer, 214 Part X matters had been presented during the period 1 July to 15 December 1996. This is the last time that the Court will be reporting the number of Part X matters.

Bankruptcy Act 1966 - applications made to the Court 1992-93 to 1996-97 (other than petitions)

Matters current as at 30 June each year 1992-93 to 1996-97

Note: (a) For 1996-97, 1,042 creditors’ petitions and 346 industrial matters current at 30 June 1997 are included.

Applications filed under the Administrative Decisions (Judicial Review) Act 1977 from 1992-93 to 1996-97.

ENACTMENT UNDER WHICH DECISION MADE 1992-93 1993-94 1994-95 1995-96 1996-97
Aboriginal and Torres Strait Islander Commission 1 2 3 5 9
Aboriginal and Torres Strait Islander Heritage Protection 2 8 2 3 3
Aboriginal Councils and Associations - 1 1 1 2
Aboriginal Land Rights (NT) 2 1 - 1 1
Administrative Appeals Tribunal 2 2 2 7 3
Aged or Disabled Persons - - - 1 -
Air Force - - - 1 -
Air Navigation 2 1 2 1 -
Anti-Dumping Authority 1 - - - -
Appropriation 1 - - - -
Audit - - - - 2
Australia Council - - 1 - -
Australian Citizenship - - 2 4 -
Australian Federal Police - 1 1 - -
Australian Heritage Commission - 1 - 1 1
Australian Meat and Livestock Corporation 1 - - - -
Australian National Railways Commission 1 1 - - -
Australian Securities Commission 6 3 6 6 3
ACT Ordinances and Acts - - - 3 1
Banking - 1 - - -
Bankruptcy 1 - 3 3 2
Broadcasting 4 2 2 1 -
Broadcasting Services - - - 4 7
Child Care - - - 1 -
Child Support (Registration and Collection) - - 1 - -
Christmas Island Ordinances and Acts - - - - 1
Civil Aviation 2 1 - - -
ENACTMENT UNDER WHICH DECISION MADE 1992-93 1993-94 1994-95 1995-96 1996-97
Classification (Publications, Films & Computer
Games) - - - - 1
Commonwealth Employees (Redeployment and
Retirement) 1 1 - - -
Commonwealth Employees' Rehabilitation and
Compensation - 1 - - -
Companies (NSW) Code 1 - - - -
Companies Securities (Interpretation and
Miscellaneous Provisions) - - 1 - -
Compensation (Commonwealth Government
Employees) 1 - 2 - -
Corporations 4 6 - 5 2
Crimes 4 7 7 5 2
Customs 23 14 5 2 8
Customs Tariff (Anti-Dumping) 1 6 - - -
Dairy Produce - 1 - - -
Defence 1 3 1 - -
Defence Force Discipline - 1 - 1 -
Defence Force Retirement and Death Benefits 1 - 1 - -
Defence Service Homes - 1 - - -
Development Allowance Authority - - - - 1
Director of Public Prosecutions 1 - - - 1
Disability Discrimination - - - - 4
Distillation 1 - - - -
Employment, Education and Training 1 - 4 - 1
Environment Protection (Impact of Proposals) - - 1 2 1
Environment Protection (Sea Dumping) - - - 1 -
Excise 1 - - - -
Export Control 2 - 8 - -
Export Market Development Grants - - - 1