Appendix 5: Workload Statistics

Federal Court of Australia Annual Report 2013-2014

The statistics in this appendix provide comparative historical information on the work of the Court, including in certain areas 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 issues in dispute.

It should also be noted that the figures reported in this report may differ from figures reported in previous years. The variations have occurred through refinements or enhancements to the Casetrack database which necessitated the checking or verification and possible variation of data previously entered.

Casetrack records matters in the Court classified according to sixteen main categories, described as 'causes of action' (CoA). The Court presently reports on filings by major CoA. This is an under representation of the workload as it does not include filings of supplementary CoAs (cross appeals and cross claims), interlocutory applications or Native Title joinder of party applications. In 2007-08 the Court started to count and report on interlocutory applications (including interim applications and notices of motion) in appellate proceedings in order to provide the most accurate possible picture of the Court's appellate workload. From 2008-09 the Court has counted all forms of this additional workload in both its original and appellate jurisdictions.

Table A5.4 on page 141 provides a breakdown of these matters. At this stage it is not possible to obtain information about finalisations of interlocutory applications (because they are recorded in the Court's case management system as a document filed rather than a specific CoA). Because of this, detailed reporting of these matters has been restricted to the information about appeals in Part 3 and Table A5.4. All other tables and figures in this Appendix and through the report are based on major CoA.

Table A5.1 – Summary of Workload Statistics – Original and Appellate Jurisdictions
Filings of Major CoAs (including Appellate and Related Actions)
Cause of Action2009-102010-112011-122012-132013-14
Total CoAs
(incl. Appeals & Related Actions)
Filed36464942528058035009
Finalised 3517 4596 5774 5537 5611
Current28453191269729632361
Corporations
(incl. Appeals & Related Actions)
Filed16782839332738972903
Finalised 1400 2530 3762 3511 3405
Current75510646291015513
Bankruptcy
(incl. Appeals & Related Actions)
Filed188217185216281
Finalised 169 206 192 214 258
Current99110103105128
Native Title
(incl. Appeals & Related Actions)
Filed3683986158
Finalised 67 77 107 82 121
Current474480471450387
Total CoAs
(incl. Appeals & Related Actions and excl. Corporations, Bankruptcy & Native Title)
Filed17441803167016291767
Finalised 1881 1783 1713 1730 1827
Current15171537149413931333
Table A5.2 – Summary of Workload Statistics – Excluding Appeals and Related ActionsFilings of Major CoAs
Cause of Action2009–102010–112011–122012–132013–14
Total CoAs
(excl. Appeals & Related Actions)
Filed29514304466451694281
Finalised 2769 3992 5102 4905 4912
Current25372849241126752044
Corporations
(excl. Appeals & Related Actions)
Filed16422798328438492875
Finalised 1371 2489 3710 3471 3363
Current7291038612990502
Bankruptcy
(excl. Appeals & Related Actions)
Filed127144131174219
Finalised 128 133 131 165 198
Current60717180101
Native Title
(excl. Appeals & Related Actions)
Filed3373875044
Finalised 62 68 93 75 109
Current469474468443378
Total CoAs
(excl. Appeals & Related Actions & excl. Corporations, Bankruptcy & Native Title)
Filed11491289116210961143
Finalised 1208 1302 1168 1194 1242
Current12791266126011621063
Table A5.3 – Summary of Workload Statistics – Appeals and Related Actions only Filings of Appeals and Related Actions
Cause of Action2009–102010–112011–122012–132013–14
Total Appeals & Related Actions
Filed695638616634728
Finalised 748 604 672 632 699
Current308342286288317
Corporations Appeals & Related Actions
Filed3641434828
Finalised 29 41 52 40 42
Current2626172511
Migration Appeals & Related Actions
Filed376253243278367
Finalised 420 266 240 255 354
Current968386109122
Native Title Appeals & Related Actions
Filed310111114
Finalised 5 9 14 7 12
Current56379
Total Appeals & Related Actions (excl. Corporations, Migration & Native Title Appeals & Related Actions)
Filed280334319297319
Finalised 294 288 366 330 291
Current181227180147175
Table A5.4 – Summary of supplementary workload statistics
Filings of supplementary Causes of Action2009–102010–112011–122012–132013–14
Total CoAs (excl. Appeals & Related Actions)
Cross Appeals (original jurisdiction)

6

3

0

0

0

Cross Claims

205

242

186

165

177

Interlocutory Applications

1608

1892

1693

1674

1535

Native Title (NT) Joinder of party applications

364

628

405

982

781

Appeals & Related Actions

 

 

 

 

 

Cross Appeals

15

38

11

15

25

Interlocutory Applications

220

247

179

138

137

Total Actions (incl. Appeals & Related Actions)
Cross Appeals

21

41

11

15

25

Cross Claims

205

242

186

165

177

Interlocutory Applications

1828

2139

1872

1812

1672

NT Joinder of party applications

364

628

405

982

781

Totals

2418

3050

2474

2974

2655


Filings of supplementary Causes of Action2009–102010–112011–122012–132013–14
Total Actions (excl. Appeals & Related Actions)
Cross Appeals (original jurisdiction)57120
Cross Claims173169165212130
NT Joinder of party applications364628405982781
Appeals & Related Actions
Cross Appeals92635524
Total Actions (incl. Appeals & Related Actions)
Cross Appeals143336724
Cross Claims173169165212130
NT Joinder of party applications364628405982781
Totals 551 830 606 1201 935

Current Cross Appeals & Cross Claims as at 30 June 2014
Appeals & Related Actions
Cross Appeals20
Total Supplementary CoAs (excl. Appeals & Related Actions)
Cross Appeals (original jurisdiction)0
Cross Claims351
Total Supplementary CoAs (incl. Appeals & Related Actions)
Cross Appeals20
Cross Claims351
Totals371

Figure A5.1 – Matters filed over the last five years (accessible format)

Figure A5.1 – Matters filed over the last five years

Figure A5.2 – Matters filed and finalised over the last five years (accessible format)

Figure A5.2 – Matters filed and finalised over the last five years

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

Figure A5.3 – Age and number of current matters at 30 June 2014 (accessible format)

Figure A5.3 – Age and number of current matters at 30 June 2014

A total of 2361 matters remain current at 30 June 2014. There were 272 applications still currentrelating to periods before those shown in Figure A5.3. Eighty-six per cent of cases prior to 2010 arenative title matters.

Figure A5.4 – Time span to complete – Matters completed (excl. native title) over the last five years (accessible format)

Figure A5.4 – Time span to complete – Matters completed (excl. native title) over the last five years

A total of 24 628 matters were completed during the five-year period ending 30 June 2014,excluding native title matters. The time span, from filing to disposition of these matters, is shownin Figure A5.4 above.

Figure A5.5 – Time span to complete against the benchmark (excl. native title) over the last five years (accessible format)

Figure A5.5 – Time span to complete against the benchmark (excl. native title) over the last five years

The Court has a benchmark of eighty–five per cent of cases (excluding native title) being completed withineighteen months of commencement. Figure A5.5 sets out the Court's performance against this timegoal over the last five years. The total number of matters (including appeals but excluding native title)completed for each of the last five years and the time span for completion are shown below in Table A5.5.

Table A5.5 – Finalisation of major CoAs in accordance with 85% benchmark (incl. appeals and related actions and excluding native title matters)
Percentage completed 2009–10 2010–11 2011–12 2012–13 2013–14
Under 18 months 3038 4077 5365 5049 5087
% of Total 87.9% 90.0% 94.4% 92.4% 92.5%
Over 18 months 417 451 316 413 415
% of Total 12.1% 10.0% 5.6% 7.6% 7.5%
Total CoAs 3455 4528 5681 5462 5502

Figure A5.6 – Bankruptcy Act matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.6 – Bankruptcy Act matters (excl. appeals) filed over the last five years

Figure A5.6.1 – Current Bankruptcy Act matters (excl. appeals) by year of filing (accessible format)

Figure A5.6.1 – Current Bankruptcy Act matters (excl. appeals) by year of filing

A total of 101 Bankruptcy Act matters remain current as at 30 June 2014.

Figure A5.7 – Corporations Act matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.7 – Corporations Act matters (excl. appeals) filed over the last five years

Figure A5.7.1 – Current Corporations Act matters (excl.appeals) by year of filing (accessible format)

Figure A5.7.1 – Current Corporations Act matters (excl.appeals) by year of filing

A total of 502 Corporations Act matters remain current as at 30 June 2014.

Figure A5.8 – Consumer Law matters (excl. Competition Law and appeals) filed over the last five years (accessible format)

Figure A5.8 – Consumer Law matters (excl. Competition Law and appeals) filed over the last five years

Figure A5.8.1 – Current Consumer Law matters (excl. Competition Law and appeals) by year of filing (accessible format)

Figure A5.8.1 – Current Consumer Law matters (excl. Competition Law and appeals) by year of filing

A total of 228 Consumer Law matters remain current as at 30 June 2014.

Figure A5.9 – Migration Act matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.9 – Migration Act matters (excl. appeals) filed over the last five years

These figures include migration applications filed under the Judiciary Act, Administrative Decisions (JudicialReview) Act and Migration Act.

Since 1 December 2005, when the Migration Litigation Reform Act commenced, almost all first instancemigration cases have been filed in the Federal Circuit Court.

Figure A5.9.1 – Current Migration Act matters (excl. appeals) by year of filing (accessible format)

Figure A5.9.1 – Current Migration Act matters (excl. appeals) by year of filing

A total of 16 Migration Act matters remain current as at 30 June 2014.

Figure A5.10 – Admiralty Act matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.10 – Admiralty Act matters (excl. appeals) filed over the last five years

Figure A5.10.1 – Current Admiralty Act matters (excl. appeals) by year of filing (accessible format)

Figure A5.10.1 – Current Admiralty Act matters (excl. appeals) by year of filing

A total of 40 Admiralty Act matters remain current as at 30 June 2014.

Figure A5.11 – Native Title Act matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.11 – Native Title Act matters (excl. appeals) filed over the last five years

Figure A5.11.1 – Current Native Title Act matters (excl.appeals) by year of filing (accessible format)

Figure A5.11.1 – Current Native Title Act matters (excl.appeals) by year of filing

A total of 378 Native Title matters remain current as at 30 June 2014.

Figure A5.12 – Workplace Relations/Fair Work matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.12 – Workplace Relations/Fair Work matters (excl. appeals) filed over the last five years

Figure A5.12.1 – Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing (accessible format)

Figure A5.12.1 – Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing

A total of 180 Workplace Relations/Fair Work cases remain current as at 30 June 2014.

Figure A5.13 – Taxation matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.13 – Taxation matters (excl. appeals) filed over the last five years

Figure A5.13.1 – Current Taxation matters (excl. appeals) by year of filing (accessible format)

Figure A5.13.1 – Current Taxation matters (excl. appeals) by year of filing

A total of 185 Taxation cases remain current as at 30 June 2014.

Figure A5.14 – Intellectual Property Matters (excl. appeals) filed over the last five years (accessible format)

Figure A5.14 – Intellectual Property Matters (excl. appeals) filed over the last five years

Figure A5.14.1 – Current Intellectual Property matters (excl. appeals) by year of filing (accessible format)

Figure A5.14.1 – Current Intellectual Property matters (excl. appeals) by year of filing

A total of 177 Intellectual Property cases remain current as at 30 June 2014.

Figure A5.15 – Appeals and Related Actions filed over the last five years (accessible format)

Figure A5.15 – Appeals and Related Actions filed over the last five years

Figure A5.15.1 – Current Appeals and Related Actions by date filed (accessible format)

Figure A5.15.1 – Current Appeals and Related Actions by date filed

A total of 317 Appeals and Related Actions remain current as at 30 June 2014.

Figure A5.16 – Source of Appeals and Related Actions over the last five years (accessible format)

Figure A5.16 – Source of Appeals and Related Actions over the last five years

Table A5.6 – Appeals and Related Actions (excl. interlocutory applications)
Source2009–102010–112011–122012–132013–14
Federal Court 231 33.2% 298 46.7% 229 37.2% 258 40.7% 251 34.5%
Federal Circuit Court 458 65.9% 333 52.2% 379 61.5% 372 58.7% 448 61.5%
Other 6 0.9% 7 1.1% 8 1.3% 4 0.6% 29 4.0%
Total by Period 695 638 616 634 728

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