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Achieving Major Change in the Federal Court of Australia

[musical introduction] [image of the Court crest overlaid with the words ‘Achieving Major Change in the Federal Court of Australia’]

[image of judges wearing wigs] [Australian National Anthem playing]

[image of judges arriving in court] [image of public figures] [images of “on country” courtroom and Aboriginal gentleman] From it’s creation in 1976 the jurisdiction of the Federal Court of Australia has developed to a point where it now deals with almost every aspect of federal law in civil cases. [image of court in session and technology courtroom] With such a constantly growing and evolving workload it’s had to be highly adaptable and at the forefront of change.

[image of barristers in court in wigs] In the mid nineties confronted by budget constraints, obsolete technology and procedures that desperately required an overall the Federal Court critically reappraised its priorities.

[judge arriving in court] [image of technology courtroom] Following an intensive self assessment by Judges and staff the court committed itself to a bold new objective. [Heading: To be and to be recognised within Australia and internationally as a world leading superior court].

[image of judges arriving in court] By the time of its 25th anniversary the court had achieved this objective.

The Hon Darryl Williams, Federal Attorney-General 1996-2004

The Hon Darryl Williams – ‘I think the Federal Court has developed into a world class court dealing with civil matters and has acquired a reputation internationally as a first class institution. It has become the premier court for the interpretation of Commonwealth law.

[image of judges at ceremonial sitting] So what were the changes the court made to achieve this success?

[Heading: Docket System]

[image of court in session and image of judge on bench] A critical move was the establishment of the individual docket system meaning judges took control of a case from beginning to end, as opposed to the old system where several judges might be involved before it came to trial.

[Heading: E-Court]

[image of screen showing e-Court logo] [images of judge, court officer and video conferencing facilities in court] The court delivered on its e-Court strategy by enthusiastically embracing new information technology, becoming the first in Australia to hold a directions hearing on line. [image of on-line e-Court facilities] [image of judge in court] e-Court allowed litigants to file documents and for judges to make orders via the internet creating major savings in time and money.

[image of “Casetrack” screen] [images of e-Court facilities and e-Search] The court’s new case management system “Casetrack” for the first time allowed the public to access information about specific cases on line.

[Heading: The Modern Court Room]

[image of Commonwealth Law Courts, Adelaide, featuring the copper opal and the internal foyer area] The Federal Court had a major influence on the construction of new court buildings which emphasised accessibility, openness and transparency, a contrast to what many saw as the traditionally cloistered, introverted and intimidating courtroom. [image of courtroom showing view across the City of Adelaide, Commonwealth Law Courts, Adelaide]

[images of technology courtroom] Technology has also come to the fore in the courtroom with thousands of pages of documents instantly accessible through the use of computers, effectively creating the paperless trial.

[image of video conferencing facilities] Video conferencing too is now an essential and effective tool in carrying out the work of a national court with most of its registries located thousands of kilometres apart.

[Heading: On Country]

The modern court is not always to be found in the big cities. [image of judge mingling with Indigenous community] [image of “on country” hearing] Since conferral of native title jurisdiction in 1994 hearings have been conducted in some of the most remote parts of Australia. [aerial image of regional Australia] This is known as going “on country”. [image of aeroplane landing in regional Australia] [images of riverbed and beach] The court can be convened in a desert, an ancient riverbed or even on a beach.

[Heading: Admiralty Law]

[image of small craft approaching shipping vessel] And the Court’s work can also take place on water with Admiralty Marshalls sometimes required to arrest vessels.

[image of Federal Court Marshall on board vessel and producing identification]

Marshall – ‘We are Marshalls from the Federal Court and we’ve come to arrest the ship.’

Ship’s Captain – ‘Arrest the ship, yes.’

Marshall – ‘And we’ve got some paperwork for you but we’ll formalise the arrest first and then we’ll explain….’

[Heading: International Relations]

[image of international visitors to court] [image of Chief Justice addressing international visitors] [images of judges with international counterparts] Reflecting its growing international reputation Federal Court judges and staff are often invited to visit courts in other parts of the world to provide support and specialist advice to near neighbours, in this case Samoa. [image of signing of Memorandum of Understanding between the Federal Court and the Supreme Court of Indonesia] A significant moment was the signing of a Memorandum of Understanding between the Federal Court and the Supreme Court of Indonesia.

[Science and the Law]

[images of judges, scientists and doctors] The Federal Court was responsible for assembling for the first time in Australia a group of leading scientists, doctors and judges to discuss how courts might deal with emerging scientific issues. Hands on experience like this assists judges in making informed decisions.

[Heading: Television in Court]

[image of court in session] [image of public gallery] [ image of cameraman] [image of video conferencing] Consistent with the desire to achieve greater community understanding the Federal Court has pioneered the use of television news cameras in Australian courtrooms. [image of individual watching TV footage of judgment being delivered] It was the first to allow live national broadcasts of a judgment on free to air, cable television and the internet.

[Heading: Gowns]

[image of court in session] The new millennium has marked a change in the appearance of Federal Court judges. [image of appeal gown] New Australian styled gowns with a unique design represent the federal nature of the court’s work. [image showing detail of appeal gown] The appeal gown features a deep red sash with seven tucks one for each of the six states and one for the territories. [separate images of two Federal Court judges] [image of counsel] Federal Court judges also decided to stop wearing wigs and barristers appearing before the court no longer wear them either.

[Heading: Conclusion]

[image of court in session] [image of “on country” hearing] The Federal Court through its willingness to critically assess its priorities and adapt to an ever changing jurisdiction has been at the forefront of innovation and excellence in the judicial arm of government.

[image of judge] [image of Federal Court staff] [image of judge, associate and court officer] [image of “on country” hearing] Apart from its judges much of the success is due to a highly professional and committed staff who fulfil a wide range of roles whether it be in the registry, the courtroom, or on country.

[Closing image of Court crest overlaid with the words ‘Produced by the Federal Court of Australia, Public Information Unit, Melbourne, Australia, www.fedcourt.gov.au]

 

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Updated May 21, 2009