Index

Federal Court of Australia Annual Report 2012-2013

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W

A

ABC Television, 37
Aboriginal Land Commissioner, Part-time, 3
Administration of the Court

Accommodation, 47, 54–5
Advertising and marketing services, 50
Agency resource statement, 48, 132
Asset management, 15, 47, 57
Audit and risk management, 48
Consultants, 49
Environmental management, 55
External scrutiny, 48, 74
Financial management, 14–15, 47–8
Fraud control, 48
Library and information services, 57
Property management, 54–5
Purchasing, 48
Security, 55
Tendering, 49–50
see also Finance; Human resources; Information technology services

Administrative Appeals Tribunal, 18, 164

President, 6
Presidential Members, 3, 4, 5
Registry, 8

Administrative Appeals Tribunal Act 1975, 23, 164
Administrative Decisions (Judicial Review) Act (ADJR Act) 1977, 18, 23, 148
Administrative law matters

Decisions of interest, 159, 164, 167–8, 174–5
Workload, 24, 28, 30, 31, 34

Administrative Notices, 21, 207
Admiralty Act 1988, 8, 19, 149
Admiralty matters, 149

Admiralty user group, 38
Decision of interest, 171
Workload, 24, 28, 30, 31, 34

ADR

see Assisted Dispute Resolution

Advertising and marketing services, 50
Affidavits, 33, 54
Agency Multicultural Plan, 54
Agency resource statement, 132
Appeals, 13, 14, 18, 22, 26, 35, 204

Corporations, 140
Full Court sittings, 18, 25, 26
Jurisdiction, 2, 19, 25
Migration, 14, 19, 25, 26, 140
Native title, 18, 140
Reserved judgments, 13, 23
Self represented litigants, 34
Urgent, 25, 26
Workload, 14, 25–6
Workload statistics, 26, 28, 30, 31, 34, 140, 141, 142, 154, 155
see also Administrative Appeals Tribunal; Defence Force Appeal Tribunal

Approved Forms, 20–1
Arbitration, 28

B

Bangladesh, 43
Bankruptcy Act 1966, 9, 19, 23, 35, 145
Bankruptcy matters, 14

Bankruptcy user group, 39
Federal Court Rules, 9, 21, 207
Fees, 35
Jurisdiction, 19
Workload, 14, 24, 28, 30, 31, 34, 138, 139, 145

Business continuity, 57

C

Cambodia, 43
Case management, 12, 24, 27

Handbook, 33
System, 56, 137

Casetrack, 48, 56, 137
Chief Executive Officer, 46, 50, 80

Instructions, 48

Chief Justice, 3, 8, 20, 21, 38, 39, 41, 42, 46, 48, 53, 133

Acting Chief Justice arrangements, 7
Activities, 178–9

Class actions, 33, 39

Commissioner of Taxation, 18, 161, 165, 172, 173, 174, 177
Commonwealth Law Courts buildings, 54, 55
Community relations, 37–9
Competition and Consumer Act 2010, 18, 156
Compensation, 164

Native title applications, 18, 26, 27, 62, 65, 68, 204

Competition law matters, 2

Decision of interest, 162–4
Workload, 24, 28, 30, 31, 34

Competitive tendering and contracting, 50
Complaints, 39
Constitution, 2, 12, 18, 19, 25

Decisions of interest, 165, 174–5

Consultancy services, 49
Consumer law matters

Decision of interest, 160, 176–7
Workload, 28, 30, 31, 34, 147

Contact officer and details, 208
Contact details, Registries, 208
Copyright Tribunal, 8, 31, 157–8

Deputy President, 5
President, 4, 8, 158
Registrar, 158
Registry, 8

Corporations Act 2001, 9, 19, 23, 146
Corporations matters

Appeals, 140
Court fees, 14
Federal Court Rules, 9, 207
Jurisdiction, 19
Workload, 14, 24, 28, 30, 31, 34, 138, 139, 140, 146

Costs matters, 28, 30, 31, 34
Court fees

Exemption, 35–6
Regulations, 14–15, 20

Court Performance Trend Report, 42
Court Record, 12, 32
Court Security Act 2013, 19, 55
Cross-vesting Scheme Acts, 23
Cyber Security Operations Centre, 37

D

Daily Court Lists, 36
Decisions of interest, 159–77

Australian Competition Tribunal, 157

Defence Force Discipline Appeal Tribunal, 31, 158

Member, 5
President, 4, 158
Principal Registry, 8
Registrars, 158

Department of Finance, 48, 49

Memorandum of Understanding, 55

Disability

Australian Network on, 52
Reporting, 54

Disadvantaged litigants, 35, 54
District Registries, 8, 9
Document management system, 32

E

Education

Judicial, 40
Legal education programs, 39
National Standard on Judicial Education, 40
see also Community relations; Human resources, training and development; Training

Electronic hearings

see eServices

Environmental performance, 55

eServices, 12

eCourtroom, 12, 33, 36, 52
Electronic Court File (ECF), 12–13, 20, 32, 33, 36, 38, 39, 40, 46, 48, 53, 55, 56
eLodgment, 12, 32–3, 36, 38
Strategy, 12–13, 32–3
Training programme, 32
Video of changes, 13

External scrutiny, 48

Independent Auditor's Report, 78–9
NNTT, 74

F

Fair Work Act 2009, 19, 167–8, 169
Fair Work Australia

President, 6

Fair Work Commission, 167–8, 169
Fair Work/Workplace Relations matters

Fees, 35
Jurisdiction, 19
Workload, 24, 34, 151

Family Court of Australia, 50

Library services, 57
Transfer of Casetrack, 56

Federal Circuit Court, 2, 8, 14, 23, 26, 33, 46

Jurisdiction, 21
Registries, 8
Source of appeals, 19, 25, 155

Federal Circuit Court of Australia Act 1999, 9, 23
Federal Circuit Court of Australia Legislation Amendment Act 2013, 21
Federal Court (Bankruptcy) Rules, 9, 21, 207
Federal Court of Australia

Establishment, 2
Functions and powers, 2
Judges, 3–6
Jurisdiction, 2, 18–19
Jurisdiction, concurrent, 19, 21
Management structure, 46, 133
National Practice Committee, 33, 46
Objectives, 2
Officers of the Court, 8–9
Outcome and programme structure, 3, 48
Registrars, 8, 9, 14, 134–6
Registries, 8, 46, 133, 208
Staff, 9
see also Administration of the Court; Human resources; Judges

Federal Court of Australia (Consequential Provisions) Act 1976, 23
Federal Court of Australia Act 1976, 2, 8, 9, 21, 25, 27

Amendments, 20

Federal Court (Corporations) Rules 2000, 9, 21, 207
Federal Court and Federal Circuit Court Regulation 2012, 20, 35
Federal Court Rules 2005, 9, 21, 37, 170, 207

Amendments, 20

Federal Court user groups, 27, 37, 38, 39
Federal Magistrates Court, 14, 21

G

Geospatial products, 64, 64, 70
Glossary, 204–7
'Go Live', Electronic court file review, 48
Governance, 46, 57

NNTT, 74

Governor-General, 3, 8, 61, 156, 158, 206

H

High Court of Australia, 2, 14, 23, 25, 161, 165, 170, 173

Chief Justice, 37, 62
Registries, 8
Shared library management system, 57

Hong Kong, 43
Human resources, 50–3, 192–6

Capability framework, 52
Consultation, 50, 51
Employee Assistance Program, 51
Enterprise agreement, 51, 52
National Excellence Service Award, 53
Number of staff, 51
Performance Management and
Development Programme, 52
Performance pay, 51
Recruitment and retention, 52
Salary ranges, 195
Senior Executive Service, 51, 113
Staffing profile, 51, 192–6
Study assistance, 54
Training and development, 51, 53
Work health and safety, 51
Work life balance, 52
Workforce Plan, 52
Workplace bargaining, 51
Workplace diversity, 52

Human rights matters

Fees, 35
Workload, 24, 28, 30, 31, 34

I

Income tax

see Taxation matters

India, 43
Indigenous Advisory Group, 52, 53, 65
Indigenous Clerkship Program, 39
Indigenous Land Use Agreements (ILUAs), 60, 62, 65, 66, 68, 69, 70

Fact sheets, 64
Registered, 61, 69, 70, 71, 73, 207

Individual Docket System, 22, 205

Guide, 33

Indonesia, Supreme Court, 40

Memorandum of Understanding, 40–1

Indonesia Judicial Partnership, Australian, 37
Industrial law matters

Decision of interest, 167–8, 169
Workload, 24, 28, 30, 31, 34
See also Fair Work

Industrial Relations Court of Australia

Judge, 3

Information Publication Scheme, 37
Information, published, 36, 37, 64
Information technology (IT)

Court infrastructure, 49
Cyber intrusions, 57
Disaster recovery, 48, 56
Electronic court file, 12–13, 20, 32, 33, 36, 38, 39, 40, 46, 48, 53, 55, 56
Modernisation, 56
NNTT Integrated Case and Future Act
Management System (ICaFAMS), 53, 66
Security, 55, 57
Website RSS feeds, 36
see also eServices; Website

Insolvency, decision of interest, 177
Intellectual property matters, 18, 153

Decision of interest, 167
Workload, 14, 34

International Commercial Law and Arbitration Conference, 37
International work of the Court, 40–3

Memoranda of Understanding, 40–1
Visitors to the Court, 43

Interpreters, 35, 54

J

Joint Costs Advisory Committee, 20, 33
Judge Advocate General of the Australian Defence Force, 4
Judges

Activities, 178–91
Appointments and Retirements, 7–8
Commissions/Appointments, 3–6
Committees, 46
List, 3–6
Meetings, 46

Judgments, 205

Access to, 36, 37
Decisions of interest, 159–77
Delivery, 22–3
Televised, 37
Timeliness of delivery, 13, 22–3

Judicial decisions and decisions of administrative tribunals, 48

NNTT, 74

Judicial education, 40
Judiciary Act 1903, 18, 23
Jurisdiction, 2, 18–19, 205

Changes, 19

Jurisdiction of Courts (Cross–vesting) Act 1987, 23
Justice Connect, 33
JusticeNet SA, 33

K

Kenya, 43

L

Law Council of Australia, 20, 33, 37
Law Courts Buildings, 47, 54–5

Security, 55
Legal Aid, 35, 36
Western Australia, 33
Letter of transmittal, 1

M

Machinery of Government arrangements, 50, 52, 63
Major Sporting Events (Indicia and Images) Protection Act 2014, 19
Maritime matters

see Admiralty matters

Marshall Islands, 43
Media, information for, 37
Mediation, 27–8, 206

Education and training, 37, 38, 43, 53
Fees, 35
Internal and external, 29, 30
Native title, 12, 27, 28, 29, 30, 31, 62, 65, 66, 67, 68
Outcomes, 30, 31
Registry facilities, 55
Statistics, 28–31
see also Assisted Dispute Resolution (ADR)

Mediators

Court options, 27
In-house, training, 53

Migration Act 1958, 14, 19, 148, 174
Migration Act matters

Appeals, 14, 19, 25, 26, 140
Decision of interest, 174–5
Jurisdiction, 19
Workload, 24, 28, 30, 31, 34, 148

Migration Litigation Reform Act 2005, 148
Multicultural Plan, Agency, 54

N

National Consultative Committee (NCC), 50, 51
National Disability Strategy, 54
National Electricity Law, 156
National Excellent Service Award, 53
National Mediator Accreditation Scheme, 27
National Native Title Register, 61, 64, 71, 20

see also Register of Indigenous Land Use Agreements; Register of Native Title Claims

National Native Title Tribunal (NNTT), 12, 27, 60–75

Accountability, 74
Advertising expenditure, 50
Audits, 48, 64
Australian Human Rights Commission, provision of data to, 74
Client and stakeholder engagement, 63–4
Client service charter, 74
Code of conduct, 74
Expedited procedure objections, 66–7
External scrutiny, 74
Federal Court ordered inquiry, 67
Financial management, 74
Freedom of information, 74
Functions and powers, 60–1, 66–8
Future act determination applications, 67, 205
Future acts, 60, 65, 66–7
Future Acts Handbooks, 66
Geospatial Services, 64, 66
Governance, 74
Indigenous Advisory Group, 52, 53, 65
Indigenous Land Use Agreements (ILUAs), 60, 61, 62, 64, 65, 66, 68, 69, 70, 71, 73, 205, 207
Integrated Case and Future Act Management System (ICaFAMS), 53, 66
Judicial decisions, 74
Map of registered determinations, 72
Map of registered ILUAs, 73
Members, 61
Memorandum of Understanding with Federal Court, 62
Objections, 60, 66–7
Organisational review, 63
Outcomes, 12, 27, 31, 67
President, 38, 60, 61, 63
President's presentations, 75
Reconciliation Action Plan (RAP), 52, 65
Registers, 66, 69
Registrar, 60, 61, 68–71
Registration, 66, 69
Report on activities, 60–75
Rewards and Recognition Program, 53
Significant developments, 63–5
Senior Executive Service, 196
Staff, 50–3
State activity, 65–6
Transfer of functions and resources to Federal Court, 27, 47, 52, 62
Vision, 63
Website, 74
see also Native title

National Practice Committee, 33, 46
Native title, 206

Appeals, 18, 140
Case management, 12, 24, 27
Compensation applications, 18, 26, 27, 62, 65, 68
Court fees, 35
Decision of interest, 168–9, 170
Determinations, 12, 18, 26, 27, 62, 64, 65, 69, 71, 72, 74, 206
Jurisdiction, 18, 26–7
Maps of registered determinations and registered ILUAs, 72, 73
Mediation, 12, 18, 27, 28, 29, 30, 31, 62, 65, 66, 67, 68
Notification, 70
Priority list of claims, 12
Registers, 61, 64, 68, 71
Significant outcomes, 27
Systemic issues, 27
Tenure analysis, 27
Timeliness, 24
Workload, 26–7, 150
Workload statistics, 24, 28, 30, 31, 34, 150
see also National Native Title Tribunal

Native Title Act 1993, 9, 18, 35, 60, 150, 168–9, 170

Consent determinations, 12, 26
20-year anniversary, 62–3
2013 amendment, 27, 63

Native Title Amendment Act 1998, 62
Native Title Vision (NTV), 66
New South Wales, 64

Bandjalang matters, 27
Dunghutti People, 62
NNTT activity, 65, 157
New South Wales District Registry, 8, 38, 41, 43, 134, 196, 208
Registrar, 9, 48, 134

New Zealand

Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement, 20
Pacific Judicial Development Program funding, 42

Northern Territory

NNTT activity, 27, 39, 65, 68

Northern Territory District Registry, 8, 39, 54, 55, 136, 208

Registrar, 136

O

Organisational structure, 133
Outcome and programme structure, 3, 18
Overview of Court, 2–9
Overview of Year's activities, 12–15

P

Pacific Judicial Development Program, 42–3
Participating judiciaries, 42
Palau, 43
Papua New Guinea, Supreme and National Courts of Justice

Judge, 4, 5
Memorandum of Understanding, 41

Performance

Court Performance Trend Report, 42
Financial management, 14–15
Time standards, 13–14
Workload, 14
see also Workload, statistics

Policy and Planning Committee, 46
Portal, Commonwealth Courts, 36
Practice and procedure reforms, 33, 46
Practice News, 36
Practice Notes, 21, 207
Productivity Commission

Inquiry into access to justice arrangements, 33

Property management, 54–5

Security, 55
State and territory building upgrades, 55

Protective Security Policy Framework, 55
Public Interest Disclosure Act 2013, 19
Public Service Act 1999, 8, 9, 51

Machinery of Government changes, 52, 63

Publications, 37, 64
Purchasing, 48

Q

Queensland, 162–3

Bar-Barrum People matter, 170
Bularno, Waluwarra and Wangkayujuru Peoples claims, 27
NNTT activity, 66, 68, 69, 70

Queensland District Registry, 8, 38, 55, 135, 196, 208

Registrar, 135

Queensland Public Interest Law Clearing House (QPILCH), 33–4

R

Reconciliation Action Plan (RAP), 52, 65
Records

see eServices, Electronic Court File

Register of Indigenous Land Use Agreements, 18, 61, 64, 66, 69, 71, 207
Register of Native Title Claims, 61, 64, 66, 68, 70, 207
Registrars of the Court, 14, 134–6

Appointment, 8
List, 134–6
Native title mediation, 27
Powers, 8, 9
Principal, 38, 41, 42, 133, 134

Registries, 8, 208

Contact details, 8, 208
Management structure, 133
Principal, 8, 41, 43, 46, 47, 57, 133, 134, 196, 208
Workload, 28, 29, 31

Resource statement, 132
Royal Commission into the Home Insulation Programme, 38

S

Security, 55

IT, 55, 57
Self represented litigants, 40, 207
Assistance, 33, 33–4

Self Representation Service Queensland, 33–4, 38
Statistics, 34
Seminars, workshops and lectures, 37, 38, 39, 40

see also International work of the Court; Judges, Activities; NNTT, President's presentations

Significant issues and developments, 12–13
South Australia

De Rose compensation application, 27
Electronic court file rollout, 32
NNTT activity, 65, 168

South Australia Registry, 8, 39, 136, 196, 208

Registrar, 136

Staff statistics, 51, 192–6

see also Human resources

Standing Committees, Judges, 46, 133
Statutes, 2, 19
Supreme and National Courts of Justice of Papua New Guinea, 41

Judge, 4, 5

Supreme Court of Indonesia, 40–1
Supreme Court of Norfolk Island, 2, 19, 40–1

Chief Justice, 4
Judge, 4

Supreme Court of the ACT

Additional Judge, 3, 4, 5, 6

Supreme Court of the Northern Territory

Additional Judge, 5

Supreme Court of Vanuatu, 41
Supreme Courts of the States and Territories, 18, 19
Supreme People's Court of Vietnam, 43

T

Tasmania, 159

NNTT activity, 65

Tasmania District Registry, 8, 39, 136, 208

Registrar, 136

Taxation matters, 18

Decisions of interest, 161, 172–4
Jurisdiction, 18
Workload, 14, 24, 28, 30, 31, 34, 152

Technology

see Information Technology; see also
eServices

Televised judgments, 37
Time standards, 13–14, 22, 143–4

Cases completed, 13, 22, 143
Delivery of judgments, 13, 22–3
Disposition of matters, 22
Disposition of matters other than native title, 22
Disposition of migration appeals, 14
see also Workload

Toolkits, Pacific Judicial Development Program, 42
Trade marks, decision of interest, 175–6
Trade Practices Act 1974, 160

see also Competition and Consumer Act 2010

Trade Practices matters

Decision of interest, 166
Workload, 24

Training

Court users, 32, 38
Expenditure, 53
International, 42, 43
Staff, 51, 53
Video about mediation, 37
see also Community relations; Education; Judicial education

Trans-Tasman Proceedings (Traditional and Consequential Provisions) Act 2010, 20
Trans-Tasman Proceedings Act 2010, 20
Tribunals, 31, 156–8

Registries, 8
Workload, 157, 158
see also Administrative Appeals Tribunal;
Australian Competition Tribunal; Copyright Tribunal; Defence Force Discipline Appeal Tribunal; National Native Title Tribunal

U

United Arab Emirates, 42
User groups, Federal Court, 27, 37, 38, 39

V

Vanuatu, 43

Supreme Court Memorandum of Understanding, 41

Victoria, 165

NNTT activity, 65

Victoria District Registry, 8, 21, 38, 39, 40, 43, 196, 208

Registrar, 135

Vietnam, Supreme People's Court, 43
Visitors to the Court, 38, 43

W

Website, 36

NNTT, 74
Number of hits, 36
Online files for matters of high public interest, 37
Requests for information, 36
Rich Site Summary feeds, 36
Staff, Excellence Service Award, 53
Subscriptions, 36
Video on electronic court file, 37

Western Australia

Esperance Nyungars matter, 27
NNTT activity, 65, 66, 68

Western Australia District Registry, 8, 39, 55, 135, 196, 208

Registrar, 135

Work health and safety, 50, 51
Workers compensation, staff, 51, 52
Workload, 14, 21–31

Appeals, 14, 25–6
Combined filings of FCA and FCC, 21, 22
Increased, 21, 22
Management of cases by Tribunals, 31
Migration appeals, 25, 26, 140
Native title, 26–7, 140
Statistics, 137–55
Summary of statistics, 138–41

Workload in appellate jurisdiction, 19, 25, 25–6
Workload in original jurisdiction, 23–5

Age of current matters, 4, 143
Age of current native title matters, 24
Age of pending workload, 23
Cases commenced, 23
Current matters, 23
Matters completed, 23, 143
Matters transferred or remitted, 23

Workplace Relations Act 1996, 19

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

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W

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