FEDERAL COURT OF AUSTRALIA

ANNUAL REPORT 2000 - 2001

Appendix 7 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.

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

It should be noted that, in this report, the figures reported may be marginally different from figures reported in previous years. The variations have occurred through refinements or enhancements to the Court’s FEDCAMS database which necessitated the checking or verification and possible variation of data previously entered, and secondly, from random audits of earlier data.

It should also be noted that Bankruptcy Act matters, consisting of creditors petitions and other related applications have been included in Tables 7.1, 7.2 and 7.3 and Figures 7.1 to 7.5 and 7.12 as part of the Court’s general statistics. Bankruptcy matters have been recorded in the FEDCAMS database since 16 December 1996 as a result of changes to certain bankruptcy administrative functions occasioned by the Bankruptcy Legislation Amendment Act 1996. Bankruptcy statistics in earlier reports were shown separately to enable a true comparison to be made with reporting years prior to 1995-1996. However, as the current report looks at workload statistics from 1995-1996 onwards, it is now appropriate to include bankruptcy statistics as part of the Court’s general workload statistics.

In earlier reports, bankruptcy creditors petitions and related bankruptcy applications recorded in the FEDCAMS database since December 1996 were not included for 1996–1997, 1997–1998 and 1998– 1999 so that a true comparison could be made with earlier years. The Court has decided to include bankruptcy statistics in the Court’s general statistics, and they are so included in the “Total matters” section of Table 7.1 as to filed, completed and current matters for the reporting years 1996–1997 onwards.

Table 7.2 Summary of Workload Statistics

Bankruptcy matters only (Creditors petitions and related applications from 16/12/96)

Table 7.3 Summary of Workload Statistics

Bankruptcy appeals only

Figure 7.1

Matters filed 1996–1997 to 2000–2001 (including bankruptcy applications from 16 December 1996) Matters finalised 1996–1997 to 2000–2001 (including bankruptcy applications from 16 December 1996)

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

From 16 December 1996, the number filed and the number finalised include creditors' petitions and other bankruptcy applications as shown below:

Year Filed Finalised
1996-97 1,925 887
1997-98 3,530 3,272
1998-99 3,522 3,547
1999-00 3,044 3,121
2000-01 1,190 1,712

Current Matters 1996–1997 to 2000–2001 (including bankruptcy applications from 16 December 1996)

A total of 4,795 matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were 83 applications still current relating to periods before those shown in the graph.

The total filed in 1998–1999 includes 794 native title matters transferred from the National Native Title Tribunal on 30 September 1998. Of these, 530 matters remain current at 30 June 2001.

Time span to complete Matters completed in the period 1 July 1996 to 30 June 2001 (including bankruptcy applications from 16 December 1996 and excluding Native Title matters)

A total of 31,408 matters were completed during the 5 year period ended 30 June 2001 excluding Native Title matters. The time span, from filing to disposition of these matters, are shown in the graph above.

Time span to complete 1996–1997 to 2000–2001 (including bankruptcy matters from 16 December 1996 and excluding Native Title matters)

The total number of applications excluding Native Title applications completed for each of the last five years and the time span for completion are shown below:

Year Number Percentage Completed
under over
18 months 18 months
1996-97 4,883 85.1 14.9
1997-98 7,357 87.0 13.0
1998-99 7,468 90.5 9.5
1999-00 6,451 90.9 9.1
2000-01 5,167 90.9 9.1

Figure 7.6

A total of 41 Corporations Law matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were 12 matters still current relating to periods before those shown in the graph.

Table 7.4

Corporations Law current matters - historical 1996–1997 to 2000–2001

Current Current Current Current Current
Age of matters as at as at as at as at as at
30-Jun-97 30-Jun-98 30-Jun-99 30-Jun-00 30-Jun-01
under 6 months 194 183 111 1 4
6-12 months 79 59 45 2 2
12-18 months 44 24 20 6 1
under 18 months 317 266 176 9 7
18-24 months 57 30 19 10 1
over 24 months 65 54 44 23 33
over 18 months 122 84 63 33 34
Total 439 350 239 42 41

Trade Practices Act matters filed and current 1996–1997 to 2000–2001

A total of 507 Trade Practices Act matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were 23 matters still current relating to periods before those shown in the graph.

Table 7.5

Trade Practices Act current matters - historical 1996–1997 to 2000–2001

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-97 30-Jun-98 30-Jun-99 30-Jun-00 30-Jun-01
under 6 months 153 104 128 103 109
6-12 months 142 99 108 204 97
12-18 months 86 84 41 54 54
under 18 months 381 287 277 361 260
18-24 months 82 67 51 50 132
over 24 months 177 175 161 116 115
over 18 months 259 242 212 166 247
Total 640 529 489 527 507

Figure 7.8 Administrative Decisions (Judicial Review) Act matters filed and current

1996–1997 to 2000–2001

A total of 86 Administrative Decisions (Judicial Review) Act matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were 4 matters still current relating to periods before those shown in the graph.

Migration Act matters filed and current 1996–1997 to 2000–2001

A total of 593 Migration Act matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were no matters still current relating to periods before those shown in the graph.

Some migration applications are filed under the Administrative Decisions (Judicial Review) Act and these are shown in Table 6.4.

Admiralty Act matters filed and current 1996–1997 to 2000–2001

A total of 94 Admiralty Act matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were 3 matters still current relating to periods before those shown in the graph.

Appeals to the Full Court filed and numbers still current 1996–1997 to 2000–2001

A total of 245 appeals to the Full Court remain current as at 30 June 2001. The age of these are shown in the graph above. There was one appeal still current relating to a period before those shown in the graph.

Figure 7.12

Matters current as at 30 June each year 1996–1997 to 2000–2001 (including bankruptcy applications from 16 December 1996)

The number of current matters at the end of each year as a percentage of the number of matters filed during that

year is shown below:
year per cent
1996-97 80.8
1997-98 60.5
1998-99 60.0
1999-00 74.3
2000-01 89.1

Bankruptcy Act matters filed and current 1996–1997 to 2000–2001

Bankruptcy Act matters consisting of creditors petitions and other related applications have been recorded in the FEDCAMS database since 16 December 1996. These were previously recorded in a separate database.

The newly formed Federal Magistrates Court commenced on 23 June 2000 and shares the Federal Court’s jurisdiction in Bankruptcy Act matters. As a consequence, the workload in this area is expected to reduce in the Federal Court.

A total of 579 Bankruptcy Act matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were no matters still current relating to periods before those shown in the graph.

Native Title Act matters filed and current 1996–1997 to 2000–2001

A total of 804 native title matters remain current as at 30 June 2001. The age of these are shown in the graph above. There were 2 matters still current relating to periods before those shown in the graph.

Included in the figures for 1998–1999, there were 794 matters transferred from the National Native Title Tribunal on 30 September 1998. Of these, 530 matters remain current as at 30 June 2001.

Table 7.6

Applications filed under the Administrative Decisions (Judicial Review) Act from 1996–1997 to 2000–2001

ENACTMENT UNDER WHICH DECISION MADE 1996-97 1997-98 1998-99 1999-00 2000-01
Aboriginal and Torres Strait Islander Commission 9 1 2 2 1
Aboriginal and Torres Strait Islander Heritage Protection 3 - 1 1 1
Aboriginal Councils and Associations 2 1 2 1 -
Aboriginal Land Rights (NT) 1 - 2 - 1
Acts Interpretations - - - - 1
Administrative Appeals Tribunal 3 - - 4 2
Aged Care - - 1 3 2
Air Force - - 1 - 1
Anti-Dumping Authority - 2 3 - -
Audit 2 - - - -
Australian Citizenship - - - 1 -
Australian Federal Police - - 1 1 1
Australian Heritage Commission 1 - - - -
Australian Maritime Safety Authority - 2 - - -
Australian Securities Commission 3 2 2 1 1
ACT Ordinances and Acts 1 4 1 1 2
Bankruptcy 2 - - 2 -
Broadcasting Services 7 - - - 1
Child Support (Registration and Collection) - 2 2 - 2
Christmas Island Ordinances and Acts 1 - - - 1
Civil Aviation - 1 2 1 -
Classification (Publications, Film and Computer
Games) 1 - - - -
Compensation (Commonwealth Government
Employees) - - 1 - -
Corporations 2 5 4 2 1
Crimes 2 3 4 2 1
Customs 8 1 2 5 -
Customs Tariff - 1 1 - -
Defence - 2 2 - 1
Defence Force Discipline - - 1 - -
ENACTMENT UNDER WHICH DECISION MADE 1996-97 1997-98 1998-99 1999-00 2000-01
Development Allowance Authority 1 - - - -
Director of Public Prosecution 1 - - - -
Disability Discrimination 4 7 2 4 1
Disability Services - 1 - - -
Employment, Education and Training 1 2 - - -
Environmental Protection (Impact of Proposals) 1 3 2 - 2
Excise - - 1 - -
Export Control - - 1 - -
Export Market Development Grants - - - - -
Extradition 2 - - - -
Extradition (Commonwealth Countries) - - 1 - -
Extradition (Foreign States) - - - - 1
Fair Trading - 1 - - -
Family Law - - 1 1 -
Federal Airports Corporation 1 - - - -
Federal Court of Australia 2 - 2 3 3
Financial Management and Accountability - - - - 3
Fisheries - - - - 1
Fisheries Management - - - 1 1
Forest Industries Research Levies - - 1 - -
Freedom of Information - - 1 - -
Great Barrier Reef Marine Park - 1 1 - -
Health Insurance 7 33 20 1 4
Higher Education Funding -