[musical introduction] [image of the Court crest overlaid with the words ‘How a case travels through the Federal’]
[Heading: Making an application]
This DVD will explain how a case travels through the Federal Court from the moment it is filed until the time it is finalised. [Floating Headings: Preparation for hearing; The hearing, Conclusion] It will cover progress of an application from filing to preparation for hearing, the actual hearing and how the matter is concluded.
[image of three judges entering court] [image of courtroom barristers’ table] The Court’s key focus is on resolving disputes through effective and timely case management. [single image of two judges] [image of courtroom] It aims to deliver most judgments within three months depending on complexity of the case and the pressure of other business. An important element of case management is the Court’s docket system.
[image of Justice Catherine Branson]
Justice Branson – ‘Our system in case flow involves shifting the responsibility from the front counter once a matter is filed through to the various judges chambers and within chambers each judge will manage his or her own workload in an efficient way to bring those cases through to completion.’
[Heading: Making an application]
[image of applicant filing documents at registry counter] [image of counter officer] An applicant starts proceedings when documents are filed with the Court. This can be done at the registry or by efiling, fax or mail. The person doing the filing may be a law clerk, solicitor, barrister or litigant in person. An application can also be referred to as a case or matter. The document that commences proceedings in the Federal Court is called an application or originating process. [image of application document] This document sets out the orders that the applicant asks the Court to make. Another document accompanies the application usually a statement of claim or affidavit. [image of statement of claim] It outlines the facts supporting the application. Client Services check that the documents are in the correct form, are consistent with the Court’s Rules and accepts the filing fee for the application. [image of registry counter staff and Client Services employee receiving and entering application] Data is then entered into the Court’s national electronic case management system which automatically allocates a file number. [close up image of case management system]
Each new case is allocated to a judge who will have control of the case until it is finished. [image of Client Services staff] This practice is known as the docket system because each judge has his or her own list or docket of cases. [image of judge receiving newly allocated matter]
[image of Justice Catherin Branson]
Justice Branson – ‘Under the docket system the cases that you hear are those that you’ve been responsible for from the beginning. You’ve tried to formulate pre-trial directions that are particularly suitable to get that case efficiently and effectively ready for hearing and then you conduct the hearing yourself.’
[image of Client Services staff on phone] Most registries will confirm a first court date when the application is filed. This is referred to as a direction hearing. The application document and copies for all respondents are dated, signed and stamped with the Court’s seal and returned to the person filing the document. [image of application document being stamped] [image of application document being returned to applicant] A physical file is created for each new matter and details are entered in the case management database. [image of physical file being created] Each new document is recorded to make it easy to find.
[Heading: Preparation for hearing]
[image of judge entering court] Directions hearings are held to prepare the matter for a final hearing or trial. Directions hearings involve the judge setting down a list of steps and a deadline for these steps. [image of judge at bench] [image of associate handing documents to counsel] This will require the parties to prepare and define the issues that will require a decision by the Court and to file evidence in support of their case. It can take anything from a few weeks to a few months to get a matter ready for hearing.
[image of Chief Justice Michael Black AC, Federal Court of Australia]
Chief Justice – ‘A judge will come to chambers one day and find that a new case has been allocated to her docket [image of judge discussing case with associate] and she will then want to get on top of that case, find out what’s going on, manage it ideally to an early trial, an early hearing and try and manage it in such a way that it’s done efficiently, that time isn’t wasted and the parties get to the real issues as soon as possible and just don’t waste time, get on with it. For that purpose a judge will hold a directions hearing where the parties’ legal representatives will turn up in Court and the judge will say well now what’s the problem here? what are you going to do about this? when will you do this? and make directions to get the case ready for trial, ideally as soon as possible, to get it into order, it’s a very active process.’
[image of exchange between legal representative and judge in court] During this pre-trial stage a party will sometimes make an interlocutory application asking the judge to rule on a specific issue. An example is an injunction where the party wants to stop something happening until the case is heard and a decision made. Not all cases result in a judgment. Many are resolved by negotiation. [image of parties in mediation]
[image of Justice Robert French]
Justice French – ‘Most cases that are started in Court end up being resolved by negotiation and the Court encourages that and we have within the Federal Court, as in most courts now, registrars who are trained to assist in mediation [image of parties in mediation] [image of mediator] so that people can try and get a negotiated solution and so reduce the legal costs to which they’re exposed and maybe get a solution which also allows them in some cases to continue in a mutually beneficial commercial relations which isn’t destroyed by the bitterness that might occur from a court proceeding.’
[Heading: The hearing]
[image of court bench with judge, associate, transcriber and court officer] Once the parties have complied with the timetable for filing and giving documents to other parties and any other required steps the judge fixed the matter for hearing. [image of judge] [image of counsel addressing judge] A hearing can last for as little as half a day or for as long as several months, sometimes even more.
The representatives for each party will present their information and arguments about the dispute. These generally relate to [heading: Agree on law but not what happened] the facts where the parties agree what the law is but not what happened; [heading: Agree on what happened but not about law] the law where the parties agree about what happened but not about what the law is; [heading: Disagree on the law and the facts] and both the law and the facts where the parties disagree about both what happened and what the law is.
[image of judge and associate in court] The Judge can only make a decision based on what is presented in Court and cannot make any other enquiries about the case. [image of counsel] Much of the material is presented in written form, usually in affidavits. [image of witness] Witnesses can be cross-examined by the opposing party to test the evidence and raise doubts about the other party’s version of events.
[Heading: Conclusion]
[image of judge and associate entering court] If an application is not resolved by agreement or disposed of in some other way it will be finalised by the judge delivering a judgment and making orders after the hearing or trial. [image of judge handing documents to associate] The judgment sets out the judge’s reasons for the decision including the judge’s findings about the facts of the case, a statement of the relevant law and the way in which the law applies to the facts that the judge has found. [image of court officer closing court and judge leaving] [image of court officer handing documents to legal representative] As most Federal Court cases are complex the judge will usually give further consideration to the case after the hearing concludes and will prepare and deliver a written decision for delivery at a later date. This is referred to as a reserved judgment.
[image of judge and associate in court] If the matter is reasonably straightforward or very urgent a judge may give a decision immediately and announce the reason for the decision orally at the end of the hearing. [image of judge giving oral judgment] This is known as an ex tempore judgment.
[Heading: Discontinued by the applicant] Not all applications are finalised by a judgment. An application can be discontinued by the applicant, it can be dismissed by the judge or other orders disposing of the matter can be made by consent. [Heading: dismissed on orders made by consent] For example, after mediation or it can be transferred to another court. [Heading: Transferred to another court]
The legal fees or expenses incurred by a party conducting a matter are known as costs. [image of court registrar assessing costs] A judge will usually order that the costs of the successful party be paid by the unsuccessful party. If the parties dispute the amount of costs they may need to be quantified using the process set out in the Court’s Rules. [image of Federal Court of Australia Rules] A common example is what is referred to as ‘taxation of costs’ which will involve a court registrar assessing the amount due.
[image of Full Court hearing] If a party is dissatisfied with the judgment of a single judge they can appeal to a Full Court of three or sometimes five judges. Notice of the appeal must be given within three weeks. [image of counsel] [separate images of three judges sitting on a Full Court hearing] The Full Court decides the appeal by reviewing the evidence given at the hearing and considering the trial judge’s reasons for the decision. To succeed on appeal a party must persuade the full court that the trial judge was wrong in some relevant respect.
[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]
