1.1 ESTABLISHMENT
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.
1.2 FUNCTIONS AND POWERS
The Court’s original jurisdiction is conferred by over 150 statutes of the Parliament. A list of these Acts appears in Appendix 4 on page 103.
The Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court, and from the Federal Magistrates Court in non-family law matters. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island . The Court’s jurisdiction is described more fully in Chapter 3.
1.3 OBJECTIVES
The objectives of the Court are to:
1.4 THE COURT'S OUTCOME AND OUPUT STRUCTURE
The Court’s outcome and output structure appears in Chapter 4 on page 53.
This report uses the outcome and output structure to outline the Court’s work and performance during 2004-05. Chapter 3 reports on these issues in detail.
1.5 THE COURT
The Federal Court of Australia Act provides that the Court consists of a Chief Justice and other judges as appointed. The Chief Justice is the senior judge of the Court and is responsible for managing the business of the Court.
Judges of the Court are appointed by the Governor-General by commission and may not be removed except by the Governor-General on an address from both Houses of Parliament in the same session . All judges must retire at the age of 70.
With the exception of the Chief Justice, judges may hold more than one judicial office at the one time. Most judges hold other commissions and appointments.
As at 30 June 2005 there were 44 judges of the Court. They are listed below in order of seniority with details about any other commissions or appointments held on courts or tribunals. Of the 44 judges, there were three whose work as members of other courts or tribunals occupied all, or most, of their time.
Judges of the Court
(as at 30 June 2005)
Judge |
Location |
Other Commissions/Appointments
|
|---|---|---|
Chief Justice The Hon Michael Eric John BLACK AC
|
Melbourne |
|
The Hon Murray Rutledge WILCOX
|
Sydney |
Industrial Relations Court of Australia – Chief Justice Supreme Court of the ACT – Additional Judge Supreme Court of Norfolk Island – Judge
|
The Hon Jeffrey Ernest John SPENDER
|
Brisbane
|
Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge Administrative Appeals Tribunal – Presidential Member Court of Arbitration for Sport – Member
|
The Hon Peter Ross Awdry GRAY
|
Melbourne |
Industrial Relations Court of Australia– Judge Administrative Appeals Tribunal – Presidential Member
|
The Hon Donnell Michael RYAN |
Melbourne |
Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge
|
The Hon Robert Shenton FRENCH
|
Perth |
Administrative Appeals Tribunal – Presidential Member Australian Competition Tribunal – Deputy President Supreme Court of Fiji – non-resident, semi-permanent Judge Supreme Court of the ACT – Additional Judge
|
The Hon Malcolm Cameron LEE |
Perth |
Industrial Relations Court of Australia – Judge Supreme Court of the Cocos (Keeling) Islands – Additional Judge
|
The Hon Graham HILL
|
Sydney |
Administrative Appeals Tribunal – Presidential Member Supreme Court of the ACT – Additional Judge
|
The Hon Terence John HIGGINS
|
Canberra
|
Supreme Court of the ACT – Chief Justice |
The Hon Peter Cadden HEEREY
|
Melbourne |
Defence Force Discipline Appeal Tribunal – President Australian Competition Tribunal – Deputy President
|
The Hon Michael Francis MOORE
|
Sydney |
Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge
|
The Hon Catherine Margaret BRANSON
|
Sydney |
|
The Hon Kevin Edmund LINDGREN
|
Sydney
|
Copyright Tribunal – President |
The Hon Brian John Michael TAMBERLIN
|
Sydney |
Supreme Court of the ACT – Additional Judge |
The Hon Ronald SACKVILLE
|
Sydney
|
|
The Hon Susan Mary KIEFEL
|
Brisbane
|
Federal Police Disciplinary Tribunal – President Supreme Court of Norfolk Island - Judge Australian Law Reform Commission – Part-time Commissioner
|
The Hon Robert David NICHOLSON AO
|
Perth
|
Administrative Appeals Tribunal – Presidential Member |
The Hon Paul Desmond FINN
|
Adelaide |
|
The Hon Ross Alan SUNDBERG
|
Melbourne
|
|
The Hon Shane Raymond MARSHALL
|
Melbourne |
Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge
|
The Hon Anthony Max NORTH
|
Melbourne |
Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge
|
The Hon Rodney Neville MADGWICK
|
Sydney |
Industrial Relations Court of Australia – Judge Supreme Court of the ACT– Additional Judge
|
The Hon Ronald MERKEL
|
Melbourne
|
|
The Hon John Ronald MANSFIELD
|
Adelaide |
|
The Hon Alan Henry GOLDBERG AO
|
Melbourne |
Australian Competition Tribunal – President |
The Hon Arthur Robert EMMETT |
Sydney |
Copyright Tribunal – Deputy President
|
The Hon Raymond Antony FINKELSTEIN
|
Melbourne |
Australian Competition Tribunal – Deputy President Copyright Tribunal – Deputy President
|
The Hon Geoffrey Michael GIUDICE
|
Melbourne |
Australian Industrial Relations Commission – President |
The Hon Mark Samuel WEINBERG
|
Melbourne |
Supreme Court of Norfolk Island – Chief Justice Supreme Court of the ACT – Additional Judge Supreme Court of Fiji – non-resident, semi-permanent Judge Federal Police Disciplinary Tribunal – Deputy President Australian Law Reform Commission – Part-time Commissioner
|
The Hon John Alfred DOWSETT
|
Brisbane |
Supreme Court of the ACT – Additional Judge |
The Hon Peter Graham HELY
|
Sydney |
Australian Competition Tribunal – Deputy President |
The Hon Susan Coralie KENNY
|
Melbourne |
Australian Law Reform Commission – Part-time Commissioner |
The Hon Roger Vincent GYLES AO
|
Sydney |
Supreme Court of the ACT – Additional Judge Court of Arbitration for Sport – Member Australian Competition Tribunal – Deputy President
|
The Hon Richard Alan CONTI
|
Sydney |
|
The Hon Margaret Ackary STONE
|
Sydney |
Supreme Court of the ACT – Additional Judge |
The Hon James Leslie Bain ALLSOP
|
Sydney |
Supreme Court of the ACT – Additional Judge |
The Hon Garry Keith DOWNES AM
|
Sydney
|
Administrative Appeals Tribunal – President |
The Hon Peter Michael JACOBSON
|
Sydney |
|
The Hon Annabelle Claire BENNETT AO
|
Sydney |
Supreme Court of the ACT– Additional Judge |
The Hon Bruce Thomas LANDER
|
Adelaide |
Supreme Court of the ACT – Additional Judge |
The Hon Susan Maree CRENNAN
|
Melbourne |
|
The Hon Anthony Nicholas SIOPIS
|
Perth |
|
The Hon Richard Franics EDMONDS
|
Sydney |
|
The Hon Peter Ross GRAHAM
|
Sydney |
|
The Chief Justice was absent on the following dates during the year. Acting Chief Justice arrangements during the periods are indicated.
15 September - 3 October 2004 Spender J
4 - 18 October 2004 Wilcox J
26 May - 5 June 2005 Wilcox J
During the year three judges were appointed to the Court:
The Honourable Justice Antony Nicholas Siopis (resident in Perth) was appointed on 14 April 2005.
The Honourable Justice Richard Francis Edmonds (resident in Sydney) was appointed on 5 May 2005.
The Honourable Justice Peter Ross Graham (resident in Sydney) was appointed on 24 May 2005.
During the year three judges resigned from the Court:
The Honourable Justice Christopher John Seymour Metford Carr resigned his commission as a judge of the Court on 1 August 2004.
The Honourable Justice Bryan Alan Beaumont AO resigned his commission as a judge of the Court on 11 February 2005.
The Honourable Justice Antony Philip Whitlam resigned his commission as a judge of the Court on 1 May 2005.
Other appointments, resignations and retirements during the year included:
The Hon Justice Beaumont resigned his commission as Chief Justice of the Supreme Court of Norfolk Island with effect from 2 August 2004.
The Hon Justice Beaumont was appointed an Officer in the Order of Australia.
The Hon Justice Gray was appointed an Adjunct Professor of Deakin University, for a period of three years, with effect from April 2005.
The Hon Justice French was appointed a part-time Deputy President of the Australian Competition Tribunal, for a period of five years, with effect from 22 April 2005.
The Hon Justice Whitlam resigned his commission as an additional Judge of the Supreme Court of the Australian Capital Territory with effect from 1 May 2005.
The Hon Justice Kiefel was appointed a Judge of the Supreme Court of Norfolk Island with effect from 16 December 2004, until the age of 70.
The Hon Justice Goldberg was appointed President of the Australian Competition Tribunal with effect from 23 March 2005.
The Hon Justice Goldberg was appointed an Officer in the Order of Australia.
The Hon Justice Finkelstein was appointed a part-time Deputy President of the Australian Competition Tribunal, for a period of five years, with effect from 22 April 2005.
The Hon Justice Weinberg was appointed Chief Justice of the Supreme Court of Norfolk Island with effect from 16 December 2004, until the age of 70.
The Hon Justice Dowsett was appointed an additional Judge of the Supreme Court of the Australian Capital Territory with effect from 3 August 2004.
The Hon Justice Downes was appointed President of the Administrative Appeals Tribunal, for a period of seven years, with effect from 16 May 2005.
The Hon Justice Selway was appointed President of the Australian Association of Constitutional Law, for a period of two years, with effect from 1 March 2005.
The Hon Justice Bennett was appointed an Officer in the Order of Australia.
Deaths NEW
During the year two judges died while in office:
The Hon Justice Richard Ellard Cooper died on 14 March 2005.
The Hon Justice Bradley Maxwell Selway died on 10 April 2005.
1.6 REGISTRIES
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 18 Q of the Federal Court of Australia Act ).
Principal and District Registries
T he Principal Registry of the Court, located in Sydney, is responsible for the overall administrative policies and functions of the Court’s registries and provides policy advice, personnel services, financial management, computing support, library services, property management and support to the judges’ committees.
There is a District Registry of the Court in each capital city. The District Registries provide operational support to the judges in each state, as well as registry services to legal practitioners and members of the public. The registries receive court and related documents, assist with the arrangement of court sittings and facilitate the enforcement of orders made by the Court.
Most District Registries are also registries for the Australian Competition Tribunal , the Defence Force Discipline Appeal Tribunal and the Federal Police Disciplinary Tribunal . The Queensland and Western Australian District Registries are registries for the High Court. The Tasmania District Registry provides registry services 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.
The registries of the Court are also registries for the Federal Magistrates Court in relation to non-family law matters.
More information on the management of the Court is outlined in Chapter 4.
Officers of the Court are appointed by the Registrar under section 18 N of the Federal Court of Australia Act and are:
(a) a District Registrar for each District Registry;
(b) Deputy Registrars and Deputy District Registrars;
(c) a Sheriff and Deputy Sheriffs; and
(d) Marshals under the Admiralty Act.
The registrars must take an oath or make an affirmation of office before undertaking their duties (section 18 Y of the Federal Court of Australia Act ). Registrars perform statutory functions assigned to them by the Federal Court of Australia Act, Federal Court Rules and the Federal Court (Corporations) Rules 2000 . These include issuing process, taxing costs and settling appeal indexes. They also exercise various powers delegated by judges under the Bankruptcy Act 1966, Corporations Act 2001 and Native Title Act 1993. A number of staff in each registry also perform functions and exercise delegated powers under the Federal Magistrates Act 1999. Appendix 3 on page 100 lists the registrars of the Court.
The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs and Marshals) are appointed or employed under the Public Service Act. On 30 June 2005 there were 403 persons employed Australia-wide as registry staff or as judges’ personal staff. Generally, judges have two personal staff members. More details on Court staff are set out in Tables 4.2 to 4.4 in Chapter 4 on pages 58 - 60.