Federal Court of Australia

Corporate Plan 2018-2019

Background

The Federal Court of Australia (FCA) was created by the Federal Court of Australia Act 1976 (Cth) and began to exercise its jurisdiction on 1 February 1977. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole jurisdiction of the Australian Industrial Court and the Federal Court of Bankruptcy.

The FCA is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time. The Court's jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary and indictable criminal matters.

The Court's workload has been organised by reference to nine National Practice Areas (NPAs) and where applicable, sub-areas, based on established areas of law. The NPAs are:

• Administrative and Constitutional Law and Human Rights
• Admiralty and Maritime
• Commercial and Corporations
• Federal Crime and Related Proceedings
• Employment and Industrial Relations
• Intellectual Property
• Native Title
• Taxation, and
• Other Federal Jurisdiction.

The Chief Justice is the senior judge of the Court and is responsible for managing the business and administrative affairs of the Court. He is assisted by the CEO and Principal Registrar who is appointed by the Governor-General on the nomination of the Chief Justice.

The FCA has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court, decisions of the Federal Circuit Court (FCC) in non-family law matters, decisions of the Supreme Court of Norfolk Island and certain decisions of state and territory supreme courts exercising federal jurisdiction.

The objectives of the FCA are to:

• decide disputes according to law—as quickly, inexpensively and efficiently as possible and, in so doing, to interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution
• provide an effective registry service for the community, and
• manage the resources allotted by Parliament efficiently.

The FCA has had responsibility for the corporate administration of the National Native Title Tribunal (Tribunal) since July 2012. From 1 July 2016, the Courts Administration Legislation Amendment Act 2016 merged the corporate services of the Family Court of Australia and the FCC with the FCA into a single administrative entity – known as the Federal Court of Australia.

The Act makes provision for the courts to share corporate services including Human Resources, Information Technology, Finance and other functions. Under the arrangement, each court remains independent to fulfil its statutory obligations. Heads of Jurisdiction continue to be responsible for managing the administrative affairs of their respective courts (excluding corporate services) with assistance from a CEO and Principal Registrar.

Goals

The FCA's goals are based on three strategic objectives that will guide operations over the next four years and assist the Court achieve its stated purpose. Our performance against this plan will be reported in the Annual Performance Statement in our Annual Report.

This plan reflects the purpose and goals of the Court, as well as the Court's vision and culture of relentless improvement. The Court has a track record of innovation and forward thinking and it will continue a number of long-term projects, aligned with its strategic objectives, during 2018–19 and beyond. These include international projects led by the judiciary, extending the reforms of the National Court Framework (NCF) and digital file and the implementation of Digital Hearings.

Significant change will also impact the Court in 2019 with the proposed reform that, subject to the passing of legislation, will see the establishment of a new Family Law Appeal Division in the FCA. Updated performance criteria will be provided in the 2019–20 Corporate Plan.

Performance measures

The key outcome measure for the Court is contained in the Portfolio Budget Statements. Across its jurisdiction, the Court will apply and uphold the rule of law for litigants in the FCA and parties in the Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and the Tribunal.

The Court maintains two time goals to measure the performance of its work. All strategies and tactical plans are designed to support the achievement of these performance goals.

Our Annual Performance Statement will report on the success of the plan to achieve the following targets:

1. eighty-five per cent of cases completed within 18 months of commencement, and
2. judgments to be delivered within three months.

1 Strategic Objective

Efficient and just dispute resolution

The Court began the process of reinvigorating its case management approach in 2015 with the introduction of the NCF. The NCF is an innovative approach to case management, involving the development of a structure to facilitate the delivery of quality judgments, by experienced judges, in a timely manner and for a reasonable cost. It is consistent with our vision to build an internationally respected court.

The NCF reforms have been successfully implemented in respect of the judicial work of the Court, including organising and managing the Court's work by reference to nine NPAs, the introduction of a national allocation system for judicial work and national direct-to-chambers duty judge arrangements and ensuring nationally consistent and simplified practice through a suite of new national practice notes, including the Central Practice Note, which were issued in October 2016.

The NCF reforms are now being extended to apply to the important legal work undertaken by the Judicial Registrars of the Court, including how that work is allocated and managed nationally.

At the heart of these reforms is restructuring the allocation and management of registrars' work to allow for a truly national court and consistent national arrangements to facilitate the just and efficient disposition of registrars work, and to leverage the skills and experience of registrars to better support judges in complex mediation and case management, to support the efficient disposition of cases.

With the implementation of digital files for all new matters in the Court, Digital Hearings are a further initiative by the Court to provide efficient and just dispute resolution and to reduce litigation costs.

A successful pilot for Digital Hearings was conducted in 2015–16. The pilot studied how judges and litigants interact digitally in the courtroom and identified the workflows necessary to support these interactions. The next phase of Digital Hearings will be implemented during 2018–19. Consultations have commenced with key stakeholders about the changes.

The Court will continue to develop its business intelligence work, with the overall aim of turning the Court's data into information that can better inform the Court's administrative decisions.

The FCA's ambitious digital strategy is not about replicating current paper processes in digital form, rather it is an enabler of a broader reform agenda—an agenda centred on the NCF and related changes in practice and procedure and the redesign of the Court's registry services.

The review of registry services will position the Court to deliver a model for the delivery of client, digital and in-court support that is financially viable and, to the extent it can be, future-proofed – designed for the next 10 years, not just the next financial year – with an agile technology and people infrastructure to ensure it can respond to change, whether anticipated or not.

Necessary to this will be a workforce strategy that aligns the skills of our people with the broader strategy, focusing on serving the needs of those who use the Court (for example, litigants, citizens, business users, visitors, witnesses and legal professionals).

Priorities - Efficient and just dispute resolution

In 2018–19, the FCA will progress the following projects:

2 Strategic Objective

Provide leadership in international jurisprudence

The Court's international programs support its vision to promote judicial independence and leadership and assist in developing court services, with particular emphasis on Asia and the Pacific regions.

The Court's international development projects are funded externally by a range of donors including the Australian Department of Foreign Affairs and Trade, New Zealand's Ministry of Foreign Affairs and Trade and the United Nations Development Programme. This funding is separate to the FCA's allocated budget process.

The Court works closely with other jurisdictions to develop relationships with its international counterparts. This includes partnering with judiciaries around the world to provide technical expertise to collaborate on reforms and developments and hosting international delegations.

The Court currently has a Memorandum of Understanding (MOU) with courts in Indonesia, Papua New Guinea, Vanuatu and Myanmar. In September 2018, the Court will sign a further MOU with the High Court of the Solomon Islands. Each MOU is with the 'apex' courts and has strategic and thematic Priorities which form the basis of the collaborations in order to strengthen the provision of justice in the partner countries. In addition, the Court manages the Pacific Judicial Strengthening Initiative involving 14 Pacific countries. The initiative commenced in 2016, initially for three years, with the possibility of a two-year extension. The initiative is designed to strengthen governance and the rule of law by enhancing the professional competence of judicial and court officers, along with the processes and systems that they use. Over the years, it has transitioned from a regional training and capacity building program, to a targeted development project, based on improving law and justice outcomes for beneficiaries at local, national and regional levels.

Priorities for 2018–19 include: continue to collaborate pursuant to existing MOUs with courts; continue to foster an understanding of global legal issues; develop new judicial relationships within the Asia-Pacific region; and increase global awareness of the Court's international programs.

3 Strategic Objective

Contribute to the Australian legal system—strengthen relations with court users

This strategy takes into account the changing needs and expectations of court users and the wider choices available through digital technologies, including the rapid development of artificial intelligence and big data applications. It will continue to be aligned with the Government's Digital Transformation Agenda and the evolving whole-of-government initiatives and strategies that it encompasses.

The FCA will continue to create user-focused services that overcome barriers created by geography, culture, language and socioeconomic circumstances.

The FCA aims to develop innovative approaches to meet the needs of court users and improve access to justice. These approaches extend to the communication channels we use, as well as providing procedures which are clear, consistent and understandable. The Court's strategy has been crucial to the achievement of this goal. Over the next year, work will continue to identify and deploy additional services and technologies to enhance the intuitiveness and responsiveness of digital communications for different court users.

The FCA also engages in a wide range of activities with the legal profession and community that support the Australian legal system. The Court's judicial officers continue to contribute to the work of law reform bodies as well as educational and legal community-based organisations. This work ensures that the Court develops positive relationships with, and gains the support of, the legal sector and the Australian public.

The Court also provides opportunities for members of the legal profession to discuss existing and emerging issues, provide feedback to the Court and act as a reference group for proposed changes. It is essential to the Court's and the Australian legal system's reputation nationally and internationally, that these relationships continue.

Priorities - Contribute to the Australian legal system—strengthen relations with court users

In 2018–19, the FCA will progress the following projects:

Resourcing - Federal Court of Australia

The table below illustrates the financial and staffing resources applied by the FCA over the four years of this plan.

Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government Priorities change.

1. Estimated expenses incurred in relation to receipts retained under section 74 of the Public Governance, Performance and Accountability Act 2013.
2. Expenses not requiring appropriation in the budget year are made up of liabilities assumed by other entities.
3. Excludes judges.
4. This includes funding the Tribunal as component 1.1.2 in FCA PBS (Outcome 1).