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.
Cause of Action | 2009-10 | 2010-11 | 2011-12 | 2012-13 | 2013-14 |
---|---|---|---|---|---|
Total CoAs (incl. Appeals & Related Actions) | |||||
Filed | 3646 | 4942 | 5280 | 5803 | 5009 |
Finalised | 3517 | 4596 | 5774 | 5537 | 5611 |
Current | 2845 | 3191 | 2697 | 2963 | 2361 |
Corporations (incl. Appeals & Related Actions) | |||||
Filed | 1678 | 2839 | 3327 | 3897 | 2903 |
Finalised | 1400 | 2530 | 3762 | 3511 | 3405 |
Current | 755 | 1064 | 629 | 1015 | 513 |
Bankruptcy (incl. Appeals & Related Actions) | |||||
Filed | 188 | 217 | 185 | 216 | 281 |
Finalised | 169 | 206 | 192 | 214 | 258 |
Current | 99 | 110 | 103 | 105 | 128 |
Native Title (incl. Appeals & Related Actions) | |||||
Filed | 36 | 83 | 98 | 61 | 58 |
Finalised | 67 | 77 | 107 | 82 | 121 |
Current | 474 | 480 | 471 | 450 | 387 |
Total CoAs (incl. Appeals & Related Actions and excl. Corporations, Bankruptcy & Native Title) | |||||
Filed | 1744 | 1803 | 1670 | 1629 | 1767 |
Finalised | 1881 | 1783 | 1713 | 1730 | 1827 |
Current | 1517 | 1537 | 1494 | 1393 | 1333 |
Cause of Action | 2009–10 | 2010–11 | 2011–12 | 2012–13 | 2013–14 |
---|---|---|---|---|---|
Total CoAs (excl. Appeals & Related Actions) | |||||
Filed | 2951 | 4304 | 4664 | 5169 | 4281 |
Finalised | 2769 | 3992 | 5102 | 4905 | 4912 |
Current | 2537 | 2849 | 2411 | 2675 | 2044 |
Corporations (excl. Appeals & Related Actions) | |||||
Filed | 1642 | 2798 | 3284 | 3849 | 2875 |
Finalised | 1371 | 2489 | 3710 | 3471 | 3363 |
Current | 729 | 1038 | 612 | 990 | 502 |
Bankruptcy (excl. Appeals & Related Actions) | |||||
Filed | 127 | 144 | 131 | 174 | 219 |
Finalised | 128 | 133 | 131 | 165 | 198 |
Current | 60 | 71 | 71 | 80 | 101 |
Native Title (excl. Appeals & Related Actions) | |||||
Filed | 33 | 73 | 87 | 50 | 44 |
Finalised | 62 | 68 | 93 | 75 | 109 |
Current | 469 | 474 | 468 | 443 | 378 |
Total CoAs (excl. Appeals & Related Actions & excl. Corporations, Bankruptcy & Native Title) | |||||
Filed | 1149 | 1289 | 1162 | 1096 | 1143 |
Finalised | 1208 | 1302 | 1168 | 1194 | 1242 |
Current | 1279 | 1266 | 1260 | 1162 | 1063 |
Cause of Action | 2009–10 | 2010–11 | 2011–12 | 2012–13 | 2013–14 |
---|---|---|---|---|---|
Total Appeals & Related Actions | |||||
Filed | 695 | 638 | 616 | 634 | 728 |
Finalised | 748 | 604 | 672 | 632 | 699 |
Current | 308 | 342 | 286 | 288 | 317 |
Corporations Appeals & Related Actions | |||||
Filed | 36 | 41 | 43 | 48 | 28 |
Finalised | 29 | 41 | 52 | 40 | 42 |
Current | 26 | 26 | 17 | 25 | 11 |
Migration Appeals & Related Actions | |||||
Filed | 376 | 253 | 243 | 278 | 367 |
Finalised | 420 | 266 | 240 | 255 | 354 |
Current | 96 | 83 | 86 | 109 | 122 |
Native Title Appeals & Related Actions | |||||
Filed | 3 | 10 | 11 | 11 | 14 |
Finalised | 5 | 9 | 14 | 7 | 12 |
Current | 5 | 6 | 3 | 7 | 9 |
Total Appeals & Related Actions (excl. Corporations, Migration & Native Title Appeals & Related Actions) | |||||
Filed | 280 | 334 | 319 | 297 | 319 |
Finalised | 294 | 288 | 366 | 330 | 291 |
Current | 181 | 227 | 180 | 147 | 175 |
Filings of supplementary Causes of Action | 2009–10 | 2010–11 | 2011–12 | 2012–13 | 2013–14 |
---|---|---|---|---|---|
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 Action | 2009–10 | 2010–11 | 2011–12 | 2012–13 | 2013–14 |
---|---|---|---|---|---|
Total Actions (excl. Appeals & Related Actions) | |||||
Cross Appeals (original jurisdiction) | 5 | 7 | 1 | 2 | 0 |
Cross Claims | 173 | 169 | 165 | 212 | 130 |
NT Joinder of party applications | 364 | 628 | 405 | 982 | 781 |
Appeals & Related Actions | |||||
Cross Appeals | 9 | 26 | 35 | 5 | 24 |
Total Actions (incl. Appeals & Related Actions) | |||||
Cross Appeals | 14 | 33 | 36 | 7 | 24 |
Cross Claims | 173 | 169 | 165 | 212 | 130 |
NT Joinder of party applications | 364 | 628 | 405 | 982 | 781 |
Totals | 551 | 830 | 606 | 1201 | 935 |
Current Cross Appeals & Cross Claims as at 30 June 2014 | |
---|---|
Appeals & Related Actions | |
Cross Appeals | 20 |
Total Supplementary CoAs (excl. Appeals & Related Actions) | |
Cross Appeals (original jurisdiction) | 0 |
Cross Claims | 351 |
Total Supplementary CoAs (incl. Appeals & Related Actions) | |
Cross Appeals | 20 |
Cross Claims | 351 |
Totals | 371 |
Figure A5.1 – Matters filed over the last five years (accessible format)
Figure A5.2 – Matters filed and finalised over the last five years (accessible format)
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)
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)
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)
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.
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 A5.6.1 – Current Bankruptcy Act matters (excl. appeals) by year of filing (accessible format)
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 A5.7.1 – Current Corporations Act matters (excl.appeals) by year of filing (accessible format)
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 A5.8.1 – Current Consumer Law matters (excl. Competition Law and appeals) by year of filing (accessible format)
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)
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)
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 A5.10.1 – Current Admiralty Act matters (excl. appeals) by year of filing (accessible format)
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 A5.11.1 – Current Native Title Act matters (excl.appeals) by year of filing (accessible format)
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 A5.12.1 – Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing (accessible format)
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 A5.13.1 – Current Taxation matters (excl. appeals) by year of filing (accessible format)
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 A5.14.1 – Current Intellectual Property matters (excl. appeals) by year of filing (accessible format)
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 A5.15.1 – Current Appeals and Related Actions by date filed (accessible format)
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)
Source | 2009–10 | 2010–11 | 2011–12 | 2012–13 | 2013–14 | |||||
---|---|---|---|---|---|---|---|---|---|---|
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 |