FEDERAL COURT OF AUSTRALIA
ANNUAL REPORT 2000 - 2001
CHAPTER 1
The Federal Court of Australia, created by the Federal Court of Australia Act 1976, began to exercise its jurisdiction on 1 February 1977. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole of the jurisdiction of the Australian Industrial Court and of the Federal Court of Bankruptcy.
The Court is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time.
The Court's original jurisdiction is conferred by over 150 statutes of the Parliament. A list of these Acts appears in Appendix 5 on page 134.
The Court exercises appellate jurisdiction over decisions of single judges of the Court, decisions of the Supreme Courts of the Australian Capital Territory and Norfolk Island, decisions of the Federal Magistrates Court and certain decisions of State Supreme Courts exercising federal jurisdiction. The Court's jurisdiction is described more fully in Chapter 3.
The objectives of the Court are to:
In October 1998, the Court adopted an outcome and output structure in accordance with the accrual budgeting arrangements that commenced in the 1999–2000 budget year. Details of the outcome and output structure, and a report on the resources to achieve the outcome, are contained in Appendix 6 on page 139.
The outcome and output structure has been recently reviewed by the Court and a new structure is to be implemented.
Judges
The Federal Court of Australia Act provides that the Court consists of a Chief Justice and such other judges as are appointed. The Chief Justice is the senior judge of the Court and is responsible for ensuring the orderly and expeditious discharge of the business of the Court.
Judges of the Court are appointed by the Governor-General, by commission. Judges may not be removed except by the Governor-General on an address from both Houses of Parliament, in the same session, praying for the judge's removal on the ground of proved misbehaviour or incapacity. This requirement is contained in section 72 of the Commonwealth of Australia Constitution Act 1901 and Part II of the Federal Court of Australia Act.
Until 1977 judges were appointed for life. As a consequence of the constitutional referendum in that year, all judges appointed after 1977 must retire at the age of 70.
Judges, other than the Chief Justice, may hold more than one judicial office at the one time. Most judges have other commissions and appointments.
As at 30 June 2001 there were 49 judges of the Court. They are listed on pages 2 to 5 in order of seniority. The list gives details about each judge and any other commissions or appointments held on courts or tribunals. Of the 49 judges, there were 6 whose work as members of other courts or tribunals occupied all, or most, of their time.
Judge
Location
Other Commissions/Appointments
| Chief Justice | ||
| The Hon Michael Eric John | Melbourne | |
| BLACK AC | ||
| Judges | ||
| The Hon Bryan Alan | Sydney | Supreme Court of Norfolk Island – Chief Justice |
| BEAUMONT | Supreme Court of the ACT – Additional Judge | |
| Supreme Court of Vanuatu – Acting Judge | ||
| Privy Councillor of Tonga | ||
| Tongan Court of Appeal – Judge | ||
| Administrative Appeals Tribunal – Presidential Member | ||
| The Hon Murray Rutledge | Sydney | Industrial Relations Court of Australia – Chief Justice |
| WILCOX | Supreme Court of the ACT – Additional Judge | |
| Supreme Court of Norfolk Island – Judge | ||
| The Hon Jeffrey Ernest John | Brisbane | Industrial Relations Court of Australia – Judge |
| SPENDER | Supreme Court of the ACT – Additional Judge | |
| Administrative Appeals Tribunal – Presidential Member | ||
| The Hon Peter Ross Awdry | Melbourne | Industrial Relations Court of Australia – Judge |
| GRAY | Administrative Appeals Tribunal – Presidential Member | |
| The Hon Jeffrey Allan | Canberra | Supreme Court of the ACT – Chief Justice |
| MILES AO | ||
| The Hon Donnell Michael | Melbourne | Industrial Relations Court of Australia – Judge |
| RYAN | Supreme Court of the ACT – Additional Judge | |
| The Hon Robert Shenton | Perth | Administrative Appeals Tribunal – Presidential Member |
| FRENCH | ||
| The Hon Alastair Bothwick | Melbourne | Family Court of Australia – Chief Justice |
| NICHOLSON AO, RFD | ||
| The Hon Malcolm Cameron | Perth | Industrial Relations Court of Australia – Judge |
| LEE | Supreme Court of the Cocos (Keeling) Islands – Additional | |
| Judge |
Judge
Location
| The Hon Howard William | Melbourne | Supreme Court of the NT – Additional Judge |
| OLNEY | Administrative Appeals Tribunal – Presidential Member | |
| Federal Police Disciplinary Tribunal – Deputy President | ||
| Aboriginal Land Commissioner | ||
| The Hon John William | Adelaide | Industrial Relations Court of Australia – Judge |
| von DOUSSA | Supreme Court of the ACT – Additional Judge | |
| Supreme Court of Vanuatu – Acting Judge Court of Appeal | ||
| Administrative Appeals Tribunal – Presidential Member | ||
| Australian Competition Tribunal – President | ||
| Australian Law Reform Commission – Commissioner | ||
| The Hon Donald Graham | Sydney | Administrative Appeals Tribunal – Presidential Member |
| HILL | ||
| The Hon Maurice Francis | Adelaide | |
| O'LOUGHLIN | ||
| The Hon Deirdre Frances | Sydney | Administrative Appeals Tribunal – President |
| O'CONNOR | ||
| The Hon Terence John | Canberra | Supreme Court of the ACT – Judge |
| HIGGINS | ||
| The Hon Peter Cadden | Melbourne | Defence Force Discipline Appeal Tribunal – President |
| HEEREY | ||
| The Hon Douglas Paton | Brisbane | Administrative Appeals Tribunal – Presidential Member |
| DRUMMOND | ||
| The Hon Richard Ellard | Brisbane | Supreme Court of the ACT – Additional Judge |
| COOPER | ||
| The Hon Antony Philip | Sydney | Supreme Court of the ACT – Additional Judge |
| WHITLAM | Federal Police Disciplinary Tribunal – President | |
| The Hon Christopher John | Perth | |
| Seymour Metford | ||
| CARR | ||
| The Hon Michael Francis | Sydney | Industrial Relations Court of Australia – Judge |
| MOORE | ||
| The Hon Catherine Margaret | Sydney | |
| BRANSON | ||
| The Hon Kevin Edmund | Sydney | Copyright Tribunal – President |
| LINDGREN | ||
| The Hon Brian John Michael | Sydney | |
| TAMBERLIN | ||
| The Hon Ronald | Sydney | |
| SACKVILLE | ||
| The Hon Susan Mary | Brisbane | |
| KIEFEL |
Judge
Location
| The Hon Robert David | Perth |
| NICHOLSON | |
| The Hon Paul Desmond | Canberra |
| FINN | |
| The Hon Ross Alan | Melbourne |
| SUNDBERG | |
| The Hon Shane Raymond | Melbourne |
| MARSHALL | |
| The Hon John Robert Felix | Sydney |
| LEHANE | |
| The Hon Anthony Max | Melbourne |
| NORTH | |
| The Hon Rodney Neville | Sydney |
| MADGWICK | |
| The Hon Ronald | Melbourne |
| MERKEL | |
| The Hon John Ronald | Adelaide |
| MANSFIELD | |
| The Hon Alan Henry | Melbourne |
| GOLDBERG | |
| The Hon Arthur Robert | Sydney |
| EMMETT | |
| The Hon Raymond Antony | Melbourne |
| FINKELSTEIN | |
| The Hon Geoffrey Michael | Melbourne |
| GIUDICE | |
| The Hon Mark Samuel | Melbourne |
| WEINBERG | |
| The Hon John Alfred | Brisbane |
| DOWSETT | |
| The Hon Leslie Sydney | Sydney |
| KATZ | |
| The Hon Peter Graham | Sydney |
| HELY | |
| The Hon Susan Coralie | Melbourne |
| KENNY | |
| The Hon Roger Vincent | Sydney |
| GYLES AO |
Administrative Appeals Tribunal – Presidential Member
Industrial Relations Court of Australia – Judge
Industrial Relations Court of Australia – Judge
Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge
Australian Competition Tribunal – Deputy President Copyright Tribunal – Deputy President Copyright Tribunal – Deputy President
Australian Industrial Relations Commission – President Australian Law Reform Commission – Commissioner
Australian Competition Tribunal – Deputy President
Supreme Court of the ACT – Additional Judge
Judge
Location
Other Commissions/Appointments
| The Hon Richard Alan | Sydney |
| CONTI | |
| The Hon Margaret Ackary | Sydney |
| STONE | |
| The Hon James Leslie Bain | Sydney |
| ALLSOP |
The Chief Justice was absent from 6 to 25 February 2001, from 5 May to 6 June 2001, and on 30 June 2001. During his absences, Justice Beaumont acted as Chief Justice.
The judges of the Court must devote an increasing proportion of their time to other courts and tribunals on which they hold commissions or appointments. In addition to the time spent hearing cases, time was necessarily devoted to other work related to those commissions or appointments, such as writing reserved judgments.
Some judges are identified as designated persons under various Acts, which means they may issue warrants authorising telephone interceptions and the use of listening devices. These functions add to their workload.
Members of the Court also spend a significant amount of time on other activities related to legal education and the justice system. More information about these activities is set out in Chapter 3.
During the year three judges were appointed to the Court:
The Honourable Richard Alan Conti (resident in Sydney) appointed on 15 August 2000.
The Honourable Margaret Ackary Stone (resident in Sydney) appointed on 9 October 2000.
The Honourable James Leslie Bain Allsop (resident in Sydney) appointed on 7 May 2001. During the year four judges retired or resigned from the Court:
The Honourable John Foster Gallop AM, RFD retired as a judge of the Court on 30 July 2000.
The Honourable James Charles Sholto Burchett retired as a judge of the Court on 9 October 2000.
The Honourable Marcus Richard Einfeld AO resigned his commission as a judge of the Court on 16 April
2001.
The Honourable Jane Hamilton Mathews resigned her commission as a judge of the Court on 6 April 2001. Other appointments and retirements during the year included:
The Honourable Justice French resigned his commissions as a judge of the Supreme Court of the Cocos
(Keeling) Islands and as an additional judge of the Supreme Court of Christmas Island on 15 November
2000.
The Honourable Justice von Doussa was re-appointed a part-time Commissioner of the Australian Law
Reform Commission on 1 January 2001 for a period of 2 years.
The Honourable Justice Heerey was appointed President of the Defence Force Discipline Appeal Tribunal on 8 September 2000 for a period of 5 years.
The Honourable Justice Lindgren was appointed President of the Copyright Tribunal on 11 October 2000 for a period of 7 years.
The Honourable Justice Emmett was appointed a Deputy President of the Copyright Tribunal on 5 April
2001 for a period of 3 years.
The Honourable Justice Finkelstein was re-appointed a Deputy President of the Copyright Tribunal on 1
April 2001 for a period of 3 years.
The Honourable Justice Gyles was appointed an additional judge of the Supreme Court of the Australian
Capital Territory on 7 February 2001.
The Registrar, Warwick Soden, was appointed a life member of the Australian Institute of Judicial
Administration on 3 March 2001.
On 26 May 1997, the jurisdiction of the Industrial Relations Court of Australia (“IRCA”) was transferred to the Federal Court by the Workplace Relations and Other Legislation Amendment Act 1996. At that time, each judicial registrar of IRCA became a judicial registrar of the Federal Court for the balance of the term of his or her original appointment.
As at 30 June 2001 there were no judicial registrars of the Court.
Registrar
Mr Warwick Soden is the Registrar of the Court. The Registrar is appointed by the Governor-General on the nomination of the Chief Justice. The Registrar has the same powers as the Head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Court employed under the Public Service Act 1999 (section 18Q of the Federal Court of Australia Act).
The Principal Registry of the Court, located in Sydney, is responsible for the overall administrative policies and functions of the Court's registries. The Principal Registry also provides various services to the Court including strategic and communication services, personnel services, financial management, computing support, library services, property management and support to the Judges’ Committees.
There are District Registries in each State capital city, in Canberra and in Darwin.
The District Registries provide operational support for the Court as well as information to legal practitioners and members of the public. The registries also receive court and related documents, assist with the arrangement of court sittings and facilitate the enforcement of orders made by the Court.
Legal staff of the registries perform statutory functions assigned to them by the Federal Court of Australia Act and the Federal Court Rules. These include issuing process, taxing costs and settling appeal indexes. Many of them also exercise various powers under the Bankruptcy Act 1966, Corporations Law and Native Title Act 1993 which are delegated by judges. These include the power to conduct examinations of bankrupt individuals and associated persons under the Bankruptcy Act, and examinations of company officers and others under the Corporations Law. Senior legal staff are delegated to exercise powers to make sequestration (bankruptcy) orders, orders for the winding up of companies and the setting aside of statutory demands. A number of staff in each registry also perform functions and exercise delegated powers under the Federal Magistrates Act 1999.
Most District Registries are also registries for the following federal tribunals: the Australian Competition Tribunal, the Defence Force Discipline Appeal Tribunal and the Federal Police Disciplinary Tribunal. The Tasmania District Registry is a joint registry for the Administrative Appeals Tribunal and the National Native Title Tribunal. The Registry of the Copyright Tribunal is located in the New South Wales District Registry of the Court.
The registries of the Federal Court are also registries for IRCA until the work of that Court is completed, and for the Federal Magistrates Court in relation to non-family law matters. The Northern Territory District Registry is administered by the Family Court of Australia which provides registry services to the Federal Court under a service contract.
Officers of the Court are appointed by the Registrar under section 18N of the Federal Court of Australia Act. The officers of the Court are:
The Registrar, District Registrars, Deputy Registrars and Deputy District Registrars must take an oath or make an affirmation of office before undertaking the duties of registrar (section 18Y of the Federal Court of Australia Act). A schedule of registrars appears in Appendix 3 on page 127 and a list of District Registrars appears in Table 1.2 below.
| Registry | District Registrar |
| Australian Capital Territory | Margaret Quinn (Acting) |
| New South Wales | Margaret Quinn (Acting) |
| Northern Territory | Vacant* |
| Queensland | Graham Ramsey |
| South Australia | Alan Parrott (Acting) |
| Tasmania | Alan Parrott |
| Victoria | Jamie Wood (Acting) |
| Western Australia | Martin Jan PSM |
* Caroline Edwards is the Deputy District Registrar for the Northern Territory with primary responsibility for native title matters. The South Australia District Registrar has delegations which allow for the performance of statutory and judge directed functions for the Northern Territory when required.
The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs) are appointed or employed under the Public Service Act. On 30 June 2001 there were 380 persons employed Australia-wide as registry staff or as judges’ personal staff. Generally, judges have two personal staff members. Details of staffing are set out in Tables 4.1 to 4.3 in Chapter 4 on pages 85 to 88.
The Chief Justice is responsible for managing the administrative affairs of the Court. He is assisted by the Registrar (Part IIA sections 18A-18Y of the Federal Court of Australia Act).
The Chief Justice may delegate any of his administrative powers to judges. The Registrar may assist the Chief Justice by exercising powers on his behalf in relation to the Court's administrative affairs. The Chief Justice may give directions to the Registrar about the exercise of these powers.
The management structure of the Court is set out in Appendix 2 on page 126.
There are 16 standing committees which assist in the administration of the Court:
Admiralty Assisted Dispute Resolution Audit Bankruptcy Corporations Equality and the Law Federal Court Reports Finance
Information Technology Library Native Title Coordination Practice and Procedure Remuneration Rules Security Transcript
A number of other committees and working parties have been established to deal with particular issues such as the management of appeals, management of long cases, and access to Court documents.
An ad hoc Enterprise Bargaining Steering Committee was convened during the reporting year to assist in the development of the Court’s second Workplace Agreement under the Workplace Relations Act 1996. This Agreement was certified on 16 November 2000.
Each committee is supported by staff of the Court and its role is defined by terms of reference.
Further information about the membership of each Standing Committee is set out in Appendix 4 on page 130.
There were two meetings of all judges of the Court during the year. The matters dealt with included reforms to the Court's practice and procedure and amendments to the Rules of Court.
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