Alphabetical Index

Federal Court of Australia Annual Report 2017-2018

A

Aboriginal and Torres Strait Islander Social Justice Commissioner, 86

access to justice, Pacific Island countries, 46

accommodation projects, 19, 62

Administrative and Constitutional Law and Human Rights NPA, 23, 148

decisions of interest, 157–9

mediation referrals, 36

Administrative Appeals Tribunal, 23

appointments, 5, 6, 7, 8

Administrative Appeals Tribunal Act 1975, 29

Administrative Decisions (Judicial Review) Act 1977, 23, 29

Admiralty Act 1988, 11, 23, 25

Admiralty and Maritime NPA, 23, 149

decisions of interest, 159

mediation referrals, 36

Admiralty Rules 1988, 11, 25

advertising and marketing services, 56

agency resource statement, 132

Agius v State of South Australia (No.6) [2018] FCA 358, 34

AIATSIS Native Title conference, Broome, 35

air travel, 60

Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory of Australia [2016] FCA 900, 33

Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93, 166–7

Allsop, Chief Justice James Leslie Bain, iii, 5, 43, 133

judgments, 159, 160–1, 166–7

professional activities, 170–6

annual performance statement, 216–22

appeals

corporations, 140

from FCC, 2, 24, 31

from Supreme Court of Norfolk Island, 2, 24

Full Court sittings, 31

migration, 32, 140

native title, 33, 140

practice notes, 26

self-represented litigants, 39

sitting periods, 31, 32, 34

workload and statistics, 31–2, 140

Appeals Practice Note APP 2 (Content of Appeal Books and Preparation for Hearing), 26

appointments, 5–8, 9

approved forms, 26

APS Code of Conduct, 65

APS State of the Service reports, 66

Archives Act 1983, 158

archives and image gallery, 71

ARJ17 v Minister for Immigration and Border Protection [2018] FCAFC 98, 157

Armytage, Dr Livingston, 46, 47

artificial intelligence, 17, 67

Artificial Intelligence Committee, 17, 67

Asia Pacific region

library assistance to, 71

work with international jurisdictions, 45–9

asset management, 58–9

assisted dispute resolution (ADR), 35–6

Attorney-General's Department

funding for advice to SRLs, 38

Reforms to the Native Title Act 1993 (Cth), 77

audit and risk management, 56

Audit Committee, 56

AustLII, 41

Australian Capital Territory, Supreme Court, 7, 8, 9

Australian Capital Territory District Registry, contact details, 244

Australian Competition and Consumer Commission (ACCC), 153

memorandum of understanding, 48

Australian Competition Tribunal, 37, 70, 153–4

activities, 154

appointments, 5, 6, 7, 10

decisions of interest, 154

functions and powers, 153

jurisdiction, 153

membership and staff, 154

practice and procedure, 154

reappointments and appointments, 9

Australian Constitution, 23

Australian Courts Consortium, 71

Australian Energy Regulator, 153

Australian Government Public Sector Workplace Bargaining Policy, 63

Australian Human Rights Commission, 23, 86

Australian Industrial Court, 2

Australian Law Reform Commission, appointments, 6, 8

Australian National Audit Office (ANAO), 56

independent auditor's report, 90–1

Australian Olympic Committee, Inc v Telstra Corporation Limited [2017] FCAFC 165, 162–3

Australian Securities and Investments Commission Act 2001, 23, 25, 161

Australian Securities and Investments Commission v Westpac Banking Corporation (No 2) [2018] FCA 751, 161

Australian Workplace Agreements, 63, 212–13

awards, 65

B

Bangladesh, visitors, 48

Banjima v WA [2015] 231 CLR 456, 34

Bankruptcy Act 1966, 11, 23, 25, 29

bankruptcy matters, 23, 25

filings, 17, 144–5

workload statistics, 138, 139, 144–5

Banks-Smith, Justice Katrina Frances, 8, 9

professional activities, 196

Barker, Justice Michael Laurence, 6

professional activities, 35, 184

Barratt, Ryan, 43

Bathurst, Chief Justice, 43

Beach, Justice Barry Rashleigh, 7

judgments, 161

Benn, Greg, 47

Besanko, Justice Anthony James, 5

judgments, 160

BHP Billiton Nickel West Pty Ltd v KN (deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8, 77

'big data', access to Court's, 17

Bromberg, Justice Mordecal, 7

judgments, 164

professional activities, 185

Bromwich, Justice Robert James, 8

judgments, 164–5

professional activities, 193

Burley, Justice Stephen Carey George, 8

judgments, 162–3, 166

professional activities, 194

C

Cameron, Judge, professional activities, 48

capital works and projects, 59

Career Step, LLC v TalentMed Pty Ltd (No 2) [2018] FCA 132, 165

case flow management, 28

delivery of judgments, 28

disposition of matters other than native title, 28

case management

and deciding disputes in tribunals, 37

mediation in, 35–6

Case Management Handbook, planned updates, 37

cash flow statement, 99–100

causes of actions (CoAs), 137

finalisation in accordance with 85% benchmark, 144

workload statistics, 138–41

Central Practice Notes, 15, 26

Charles v Sheffield Resources Limited [2017] FCAFC 218, 77

Charlesworth, Justice Natalie, 8, 9

judgments, 162

Chief Executive Officer and Principal Registrar, 11, 52, 54, 55, 56, 133, 136

appointment, 10

appointment of Officers of the Court, 11

international collaboration, 45, 46

international discussions, 49

year in review, 14–19

Chief Justice, 26, 52, 53, 133

Acting Chief Justice arrangements, 9

presentations, 44

see also Allsop, Chief Justice James Leslie Bain

Chief Justices' Leadership Forum, 46

Client Service Charter, NNTT, 86

Code of Conduct, NNTT, 87

Colibran, Nicola, 45

Collier, Justice Berna Joan, 5, 8, 9

professional activities, 180

Colvin, Justice Craig Grierson, 9

judgments, 159

Commercial and Corporations NPA, 24, 149

Commercial Contracts, Banking Finance and Insurance Sub-Area, 160

Corporations and Corporate Insolvency Sub-Area, 160–1

decisions of interest, 160–3

Economic Regulator, Competition and Access Sub-Area, 161

General and Personal Insolvency Sub-Area, 162

mediation referrals, 36

Regulator and Consumer Protection Sub-Area, 162–3

Commissioner of Taxation, objections to decisions made by, 23

Commissioner of Taxation v Tamarama Fresh Juices Australia Pty Ltd [2017] FCAFC 154, 168–9

Commonwealth Courts Corporate Services, 53, 54–71, 133

establishment, 54

financial accounts, 56–7

financial management, 55

merger, 19

objectives, 54

outcome and program statement, 4, 216, 222

overview, 54

purpose, 54–5

work of, 55–6

Commonwealth Courts Portal, 68

statistics, 69

Commonwealth Disability Strategy, 66

Commonwealth Electoral Act 1918, 56

Commonwealth Law Court buildings, 58, 59

Commonwealth Procurement Rules, 57, 58

community relations, 42–4

Competition and Consumer Act 2010, 24, 153

Competition and Consumer Amendment (Abolition of Limited Merits Review) Act 2017, 153

Competition and Consumer Amendment (Competition Policy Review) Act 2017, 153

competitive tendering and contracting, 58

complaints, 44

compliance report, 57

consultancy contracts and services, 57

consumer law matters, filings, 146–7

content management systems, consolidation, 19

Copyright Act 1968, 154, 165

Copyright Amendment Act 2006, 154

Copyright Tribunal, 10, 37, 70

activities, 155

appointments, 5, 6

decisions of interest, 155

function and powers, 154

membership and staff, 155

practice and procedure, 155

corporate governance (FCA), 52–3, 56–7

Corporate Plan, 2, 217

Corporate Services see Commonwealth Courts Corporate Services

Corporations Act, 11, 23, 25, 29, 159, 160, 161

corporations matters

appeals, 140

filings, 145–6

workload statistics, 138, 139, 140, 145–6

Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018, 25

court fees and exemption, 25, 40–1

court locations, 244–5

Courts Administration Legislation Amendment Act 2016, 18, 24, 54, 62, 197

Cross-Border Insolvency Act 2008, 25

Cross-vesting Scheme Acts, 29

cultural recognition and professional development, 35

D

DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2, 158

Davies, Justice Jennifer, 7, 9, 154

professional activities, 188

decisions of interest

Administrative and Constitutional Law and Human Rights NPA, 157–9

Admiralty and Maritime NPA, 159

Commercial and Corporations NPA, 160–3

Employment and Industrial Relations NPA, 164

Federal Crime and Related NPA, 164–5

Intellectual Property NPA, 165–7

Native Title NPA, 167

Other Federal Jurisdiction NPA, 168

Taxation NPA, 168–9

Defence Force Discipline Appeal Tribunal, 27, 156

appointments, 6, 10

Department of Finance, 58

Deputy Sheriffs, 11

Derrington, Justice Roger Marc, 8

Derrington, Justice Sarah Catherine, 8, 9

professional activities, 195

Digital Court Program, 16, 18, 65, 67

digital hearings, 17

Digital Practice Committee, 16, 37

digital strategy, 16–17, 68–9

disability reporting mechanisms, 66

District Registries, 10, 53, 133

community relations, 42–4

contact details, 244

see also specific registries, e.g. Queensland District Registry

diversity, 66

docket system, case flow management, 28

Dowsett, Justice John Alfred, 75

Acting Chief Justice, 9

judgments, 163

retirement, 9

E

Economic Regulation Authority of Western Australia, 153

eCourtroom, 69

education

community, 42

legal programs, 44

national standard on judicial education, 44–5

work with universities, 43

eFiling system, 48, 68

eLodgement (general federal law), 68–9

Employee Assistance Program, 64

Employment and Industrial Relations NPA, 42, 150

decisions of interest, 164

mediation referrals, 36

energy usage, 60, 61

enterprise agreements and workplace bargaining, 63, 212–13

Environment Protection and Biodiversity Conservation Act 1999, 59–62

environmental impacts, monitoring of, 59–60

environmental management, 59–62

Environmental Policy, 59

environmental risks register, 61

exempt contracts, 58

external scrutiny

FCA, 53

NNTT, 86

F

Fair Work Act 2009, 23, 25, 37, 164

Fair Work Australia, appointments, 7

Fair Work Commission, 63

Fair Work (Registered Organisations) Act 2009, 23

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, 23

Family Consultants' Core Knowledge Database, 71

Family Court of Australia (FCoA)

Archives, 71

corporate services, 53, 54

Digital Court Program, 16

outcome and program statement, 3, 216, 219

staff, 197, 199, 202, 205, 208, 209, 215

website, 68

family law matters

digital process enhancements, 69

eFiling, 68

family law registries, 245

Farrell, Justice Kathleen, 7

judgments, 160–1

Federal Circuit Court of Australia (FCC)

appeals from, 24, 31

combined filings with FCA, 27–8

corporate services, 53, 54

Digital Court Program, 16

fees, 40

outcome and program statement, 4, 216, 220–1

registries, 10

staff, 197, 200, 203, 206, 208, 209, 215

website, 68

workload, 27–8

Federal Circuit Court of Australia Act 1999, 2, 11, 29

Federal Court and Federal Circuit Court Regulation 2012, 24

Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017, 25

Federal Court (Bankruptcy) Rules 2016, 25, 26

Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, 25

Federal Court (Corporations) Rules 2000, 11, 25

Federal Court (Criminal Proceedings) Rules 2016, 11, 25, 26

Federal Court Mediator Accreditation Scheme (FCMAS), 36

Federal Court of Australia (FCA)

accessibility, 37–49

annual performance statement, 216–22

appellate jurisdiction, 2

Corporate Services, 53, 54

establishment, 2

functions and powers, 2

governance, 52–3

Indigenous Law Students Clerkship Program, 43

jurisdiction, 2, 22–4

jurisdiction changes in 2017–18, 24, 25

objectives, 2

organisational structure, 133

outcome and program structure, 3–4, 216–22

overview, 2–11

program statement, 216, 218

purpose, 2

registry management structure, 53

staff, 62, 197–215

workload, 27–37

year in review, 14–19

Federal Court of Australia Act 1976, iii, 2, 5, 10, 11, 33

amendments, 24

Federal Court of Australia (Consequential Provisions) Act 1976, 29

Federal Court of Bankruptcy, 2

Federal Court registries, 10

see also specific registries, e.g. Tasmanian District registry

Federal Court Rules, 11, 25, 26, 53

Federal Crime and Related Proceedings NPA, 24, 152

decisions of interest, 164–5

mediation referrals, 36

fees and fee regulation, 25, 40–1

Fewings, Christine, 75

Finance Committees, 55

financial accounts, 55–6

financial management, 18, 55

financial statements (FCA), 18, 90–105

notes to, 106–31

financial statements (NNTT), 85

Finlay on behalf of the Kuruma Marthudunera Peoples v State of Western Australia [2018] FCA 548, 34

Flick, Justice Geoffrey Alan, 6

judgments, 157, 164

Forbes, Catherine, 48

Forrest v Wilson [2017] HCA 30, 77

Foster, Justice Lindsay Graeme, 6, 8

professional activities, 183

Fraud Control Plan, 56

Freedom of Information Act 1982, 41, 58

Full Court sittings, 31, 32

G

Gender and Family Violence Toolkit, 47

general federal law matters

conducted in eCourtroom, 69

digital process enhancements, 69

eLodgement, 68–9

workload, 17

general federal law registries, 244

General Practice Notes, 15, 26, 37

Gilmour, Justice John

judgments, 168–9

retirement, 9

Gleeson, Justice Jacqueline Sarah, 7

glossary, ix–xiii

Gordon (on behalf of the Kariyarra Native Title Claim Group) v State of Western Australia [2018] FCA 430, 34

governance

FCA, 52–3, 56–7

NNTT, 85

Governor-General, 5, 10, 75, 155, 158–9

grant programs, 56

Greenwood, Justice Andrew Peter, 5, 155

Acting Chief Justice, 8

judgments, 35, 162–3

professional activities, 178

Griffiths, Justice John Edward, 7

judgments, 158–9

professional activities, 187

Griffiths v Northern Territory (2007) 165 FCR 391, 34

guides, 27

H

Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170, 160

High Court of Australia, 2, 31, 77

appeals, 33, 160, 162, 167

registries, 10

Hocking v Director-General of National Archives of Australia [2018] FCA 340, 158–9

human resources management

disability reporting mechanisms, 66

diversity, 66

employee consultation, 63

enterprise agreements and workplace bargaining, 63, 212–13

retention strategies, 65

staffing profile see staff

training and development, 65

work health and safety, 64–5

work–life balance, 65

workforce planning, 65

Human Rights Toolkit, 47

I

independent auditor's report, 90–1

Indigenous activities, 35

Indigenous Advisory Group, 78

Indigenous Land Use Agreements (ILUAs), 23, 35, 75, 81

maps, 82, 84

Register, 82

Indigenous Law Students Clerkship Program, 43

Indigenous staff, 62, 209

Indonesia, Supreme Court, 46

Industrial Relations Court of Australia, appointments, 5, 10

Information Governance Committee, 70

Information Publication Scheme, 41

information technology, 66–70

artificial intelligence, 17, 67

'big data', 17

consolidated web platform, 67

data centre consolidation, 66

DevOps tool set and test automation tools, 67

digital strategy, 16–17, 68–9

environmental responsibility, 61

hybrid cloud architecture, 6

ICT road map, Pacific Islands, 48

new standard operating environment, 19, 67

PC hardware, 19, 67

secure internet gateway, 66

working digitally approach, 16

see also Digital Court Program; websites

Insolvency Law Reform Act 2016, 25

Intellectual Property NPA, 23, 150

Copyright Sub-Area, 165

decisions of interest, 165–7

mediation referrals, 36

Patents and Associated Statutes Sub-Area, 166

Trade Marks Sub-Area, 166–7

Interest on Judgments Practice Note, 15, 26, 37

internal audits, 56

International Arbitration Act 1974, 40

international jurisdictions, work with, 45–9

interpreters, 40

J

Jagot, Justice Jayne Margaret, 6, 155

judgments, 164, 166, 167, 168–9

professional activities, 183

Japan, visitors, 49

Jones (Liquidator) v Matrix Partners Pty Ltd in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40, 160–1

judges

committees, 53

Federal Court, 5–8

meetings, 53

new appointments, 9

professional presentations and activities, 44, 170–96

retirements, 9

Judges' Standing Committees, 133

judgments

access to, 41

decisions of interest, 34–5, 157–69

delivery and case flow management, 38

and information for media, 41

televised, 41

timeliness of, 17

judicial education, 44–5

Judicial Leadership Workshop, Tonga, 46

Judiciary Act 1903, 2, 22–3, 24, 29

Jurisdiction of Courts (Cross-vesting) Act 1987, 29

Justice Connect, 38

JusticeNet SA, 38

K

Katzmann, Justice Anna Judith, 7

professional activities, 185

Kelly, Tyrone, 32

Kenny, Justice Susan Coralie, 5

judgments, 158

professional activities, 49, 177

Kerr, Justice Duncan James Colquhoun, 7

judgments, 158

Kimberley Land Council, 76

Kiribati, substantive justice, 47

Korea, visitors, 49

L

Law Council of Australia, Federal Court Liaison Committee, liaison with, 37

Law Courts Building, Queens Square, Sydney, 59

Law Society of Western Australia, 42

LawRight, 38

leadership, 46

Lee, Justice Michael Bryan Joshua, 8

professional activities, 194

Legal Aid, 40

Legal Aid Western Australia, 38

legal community events, 42

legal education programs, 44

letter of transmittal, iii

library services, 48, 71

Limited Merits Review, 153

list of requirements, 226–31

Logan, Justice John Alexander, 6, 9, 156

judgments, 162

Luck v University of Southern Queensland [2018] FCAFC 102, 162

M

McGrath, Pamela, 76

McKerracher, Justice Neil Walter, 6

judgments, 162

professional activities, 48, 182

McNamara, James, 75, 76

presentations, 76, 87

Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2017] FCA 1367, 34

mapping products, NNTT, 76, 82–4

Markovic, Justice Brigitte Sandra, 8

judgments, 166–7

professional activities, 192

Marshall Islands, professional activities, 46, 47

Marshalls, 11

Mathieson, John, 46

matters completed, time span to complete, 143

media, information for, 41

mediation, 35–6, 48

referrals by NPA, 36

merger authorisation determinations (companies), 153

merger of corporate services, 19

Middleton, Justice John Eric, 6, 154

judgments, 168–9

professional activities, 48, 181

Migration Act 1958, 24, 32

migration matters, appeals, 32, 140

Migration NPA, mediation referrals, 36

moot courts, 43

Mortimer, Justice Debra Sue, 7

judgments, 34, 162

professional activities, 47, 189

Moses, Arthur, 43

Moshinsky, Justice Mark Kranz, 8

judgments, 159, 162

professional activities, 193

Murphy, Justice Bernard Michael, 7

professional activities, 187

Myanmar, Supreme Court of the Union of, 45, 49

N

NAIDOC Week, 35

National Archives of Australia

reporting, 70

transfer of files to, 70

National Consultative Committees, 63

National Court Framework, 10, 26, 28, 53, 65, 137

extension, 14–15

and national practice notes, 15

and the organisational review, 15

statistics by NPA, 148–52

National Disability Strategy 2010–2020, 66

National Electricity Law, 153

National Environmental Initiative Policy, 59

National Excellent Service Award, 65

National Gas Law, 153

National Judicial College of Australia, 44

National Judicial Registrar, professional activities, 45, 48

National Mediator Accreditation Standards, 36

National Native Title Register, 82

National Native Title Tribunal

accommodation, Brisbane, 59

appeals from, 23

Client Service Charter, 86

corporate services, 53, 54

court decisions, 77

creating efficiencies, 78

cultural understanding and respect, 78

determinations, 23, 82, 83

establishment, 75

expedited procedure objection applications, 79

external factors, 77

external scrutiny, 86

financial review, 85

functions and powers, 75, 79–80

future act determination applications, 80

governance, 85

historical claim boundaries, 76

Indigenous Land Use Agreements, 23, 75, 81, 82, 84

mapping products, 76, 82–4

mediation, 80

members Code of Conduct, 86

office locations, 76

outcome and program structure, 3, 216

overview, 74

President, members and the Native Title Registrar, 75

President's and members presentations, 87

service delivery, 76

staff, 62, 197, 198, 201, 207, 210

stakeholder engagement, 76

statutory office holders, 75

website, 86

year in review, 76–8

see also Native Title Registrar

National Operations Registrar, 10, 53, 133

National Practice Areas (NPAs), 14, 138

mediation referrals, 36

Practice Notes, 15, 26

workload and statistics, 148–52

see also specific NPAs, e.g. Admiralty and Maritime NPA

National Practice Committee, 15, 26, 36, 53

matters considered, 37

National Standard on Judicial Education, 44

National and Supreme Courts of Papua New Guinea

appointments and reappointments, 5, 6, 9

collaboration, 46

library visit, 48, 71

visitors, 48

Native Title Act 1993, 11, 23, 33, 34, 35, 40, 56, 74–5, 77–82, 167

applications filed, 33

and Court fee exemptions, 40

options paper for reforms, 77

native title audio-visual resources, 70

native title files and preservation pilot project, 70

native title matters

AIATSIS Native Title conference, 35

appeals, 33, 140

mediation, 34

new allocation system, 33

significant litigation, 34–5

workload statistics and trends, 30, 33–4, 138, 139, 140

Native Title NPA, 151

decisions of interest, 167

mediation referrals, 36

Native Title Registrar, 74, 75, 76

assistance in negotiating Indigenous land use agreements, 81

assistance in relation to applications and proceedings, 82

claimant and amended applications: assistance and registration, 81

functions, 80–2

Indigenous land use agreements: assistance and registration, 81

National Native Title Register, 82

notification of ILUAs, 81

Register of Indigenous Land Use Agreements, 82

Register of Native Title Claims, 81, 82

searches of registers, 82

Nauru, substantive justice, 47

New South Wales Bar Association, 43

New South Wales Department of Justice Consortium, 71

New South Wales District Registry, 10

contact details, 244

hosts legal community events, 42

hosts moot courts, 43

hosts overseas delegations, 45

New South Wales silks ceremony, 42

New South Wales Law Courts Library, 71

New Zealand Ministry of Foreign Affairs and Trade, 46

Newcastle registry, accommodation problems, 19

Ngara Yura Indigenous Law Students' Clerkship Program, 43

Nicholas, Justice John Victor, 6

judgments, 162–3

Norfolk Island, Supreme Court, 2, 5, 7, 24

North, Justice Anthony Max, 5

as Acting Chief Justice, 9

judgments, 34, 164

Northern Territory, Supreme Court, 6

Northern Territory District Registry, 10

co-located, 58–9

contact details, 244

Nous Group, organisational review, 15

O

O'Callaghan, Justice David John, 8

judgments, 160

O'Connor Marsden and Associates, 56

Office of the Registrar of Indigenous Corporations, 76, 77

Officers of the Court, 11

Olympic Insignia Protection Act 1987, 162

organisational review, 15

organisational structure, 133

Other Federal Jurisdiction NPA, 15, 37, 152

decisions of interest, 168

mediation referrals, 36

outcomes

Outcome 1 (FCA), 3, 216, 218

Outcome 2 (FCoA), 3, 216, 219

Outcome 3 (FCC), 4, 216, 220–1

Outcome 4 (Commonwealth Courts Corporate Services), 4, 216, 222

overseas delegations, 44

overview

of the Court, 2–11

NNTT, 74

P

Pacific Judicial Strengthening Initiative (PJSI), 46

Pagone, Justice Tony, retirement, 9

Palau, procedural justice, 48

Pannell, Nick, 48

paper usage, 60, 61

Papua New Guinea, National and Supreme Courts, 5, 6, 46, 48, 71

Patrick, Judge Jane, 47

Pearson on behalf of the Tjayuwara Unmuru Native Title Holders v State of South Australia (Tjayuwara Unmuru Native Title Compensation Claim) [2017] FCA 1561, 34

performance

annual performance statement, 216–22

financial management, 18

outcomes, 3–4, 216–22

targets, 18

timeliness, 18, 143

Perram, Justice Nye, 6, 155

Perry, Justice Melissa Anne, 7

judgments, 158, 166–7

professional activities, 191–2

Policy and Planning Committee, 53

Porter, Hon Christian, iii

Portfolio Budget Statements, 217

practice and procedure reforms, 37

practice notes, 15, 26

Appeals, 26

Central, 15, 26

General, 15, 26, 37

NPA, 15, 26

Prescribed Bodies Corporate (PBC), 76

Principal Registry, 10, 53, 133

contact details, 244

procedural justice, 48

procurement, 57, 58

professional activities, 186

professional presentations and activities

ad hoc seminars, 44–5

Asia Pacific region, 45–7

by justices, 44, 170–96

education sessions, 45

and the national standard on judicial education, 44–5

program statement

Commonwealth Courts Corporate Services, 4, 216, 222

FCA, 3, 216, 218

FCC, 4, 216, 220–1

FCoA, 3, 216, 219

property fitouts and refurbishment, environmental responsibility, 62

Public Governance, Performance and Accountability Act 2013, iii, 53, 57, 216

Public Service Act 1999, 10, 11, 53, 62, 63, 197

purchasing, 57

Q

QUD120/17 Conlon & Ors v QGC Pty Ltd & Ors Pty Ltd – heard December 2017 by Rares J. Conlon v QGC Pty Ltd (No 2) [2017] FCA 1641, 35

QUD244/16 Gebadi & Ors v Woosup & Ors – heard in July 2017 by Greenwood J. Gebadi v Woosup (No 2) [2017] FCA 1467, 35

Queens Square, Sydney, 59

Queensland District Registry, 10

contact details, 244

hosts legal community events, 42

hosts university moot competitions, 43

Rockhampton, 19, 59

R

Rangiah, Justice Darryl Cameron, 7

judgments, 157

professional activities, 190

Rares, Justice Steven David, 5

judgments, 35, 157

professional activities, 179–80

Recognised Mediator Accreditation Body, Court as, 36

Reconciliation Action Plan, 78

recordkeeping and information management, 70

archives and image gallery, 71

corporate coverage, 70

digital records management, 70

national records management services contract, 71

native title audio-visual presentation project, 70

native title files and preservation pilot project, 70

new records management system, 70

Records Policy Committee, 70

recycling, 61

Reeves, Justice John Edward, 6

judgments, 167

regional collaborations, 46

regional registries

co-located, 58–9

leased premises, 58

Register of Indigenous Land Use Agreements, 82

Register of Native Title Claims, 81, 82

registered native title bodies corporate (RNTBC), 76

Registrars of the Court

appointment, 11

list of, 134–6

registries

locations and contact details, 244–5

Senior Executive Service staff, 207, 208

see also District Registries; regional registries

remuneration

Senior Executive Service, 126, 214–15

staff, 214

restrictive trade practices, 24

retention strategies, 65

retirements, 9

reward and recognition, 65

Risk Management Plan, 56

Risk Management Policy, 56

Robertson, Justice Alan, 7

judgments, 165

professional activities, 186

Rockhampton, establishment of new registry, 19, 59

Ross, Justice Iain James Kerr, 7

Rules of Court, 25, 26, 53

Rush v Nationwide News Pty Limited (No 2) [2018] FCA 550, 168

S

Samao, professional activities, 47

security, 53

self-represented litigants

actions commenced by, 38

appeals commenced, 39

assistance for, 38

proceedings commenced by, 38–9

Senior Executive Service

remuneration, 126, 214–15

staff, 207–8

Shop, Distributive and Allied Employees Association v The Australian Industry Group [2017] FCAFC 161, 164

Shurven, Helen, 75

presentations, 87

Sinclair, Kate, 43

Siopis, Justice Antony Nicholas

judgments, 160–1

retirement, 9

small business procurement initiatives, 58

SMEC Holdings Pty Ltd v Commissioner of the Australian Federal Police [2018] FCA 609, 164–5

Soden, Warwick, iii, 11, 133, 136, 216

year in review, 14–19

see also Chief Executive Officer and Principal Registrar

Solomon Islands, professional activities, 47

South Australia District Registry, 10

contact details, 244

'Special Purpose Property' principles, 58

Sri Lanka

Court of Appeal, visitors, 49

delegation of judges, 44

staff, 62, 197–215, 198

by gender, classification and location, 201–3

by gender, classification, employment status and type, 204–6

enterprise agreements and AWAs, 63, 212–13

Indigenous, 62, 209

non-salary benefits, 63

overview by location, 198–200

retention strategies, 65

reward and recognition, 65

salary ranges by classification, 214–15

Senior Executive Service, 207–8

training and development, 65

work health and safety, 64–5

work–life balance, 65

workforce planning, 65

workforce turnover, 210–11

see also staff under FCC and FCoA

Staff of the Court, 11

Starkey on behalf of the Kokatha People v State of South Australia [2018] FCAFC 36, 167

statement by the Accountable Authority and Chief Financial Officer, 92

statement of changes in equity, 97–8

statement of comprehensive income, 93–4

statement of financial position, 95–6

Steward, Justice Simon Harry Peter, 8, 9

substantive justice, 47

supplementary causes of action, workload statistics, 141

Supreme Court of the Australian Capital Territory, appointments, 5, 7, 8, 9

Supreme Court of Indonesia, collaboration, 46

Supreme Court of New South Wales, 43

Supreme Court of Norfolk Island

appeals from, 2, 24

appointments, 5, 7

Supreme Court of the Northern Territory, appointments, 6

Supreme Court of the Union of Myanmar

collaboration, 45

discussions, 49

Supreme Court of Tonga, law reports being sent to, 71

Supreme Court of Vanuatu, collaboration, 45

T

Tasmania District Registry, 10

contact details, 244

Taxation Administration Act 1953, 168

Taxation NPA, 151

decisions of interest, 168–9

mediation referrals, 36

televised judgments, 41

Thailand, visitors, 49

Thawley, Justice Thomas Michael, 8, 9

Thomas, Justice David Graham, 8

professional activities, 195

timeliness standards

cases completed, 18, 143

judgments, 18

Tonga, Judicial Leadership Workshop, 46

Torres Strait Regional Authority, 76

Tracey, Justice Richard Ross Sinclair, 6, 156

judgments, 164

professional activities, 181

Trade Practices Act 1965, 153

training and development, 65

travel, 60, 62

tribunals, work of, 153–7

Trott, Russell, 48

U

universities, Australian, 43

University of New England, 43

University of New South Wales, Indigenous law students clerkship program, 43

University of South Pacific, Certificate of Justice, 47

unlawful discrimination, 23

user groups, 42

V

Valve Corporation v Australian Competition and Consumer Commission [2017] FCAFC 224, 163

Vanuatu

access to justice workshop, 46

Supreme Court, 45

vehicle usage, 60

Victoria District Registry, 10, 42

contact details, 244

hosts legal community events, 42

hosts moot courts, 43

hosts overseas delegations, 44

Victorian Bar Advocacy, 42

Vietnam, Supreme Peoples' Court of, 48

visitors to the court, 48–9

W

Warner-Lambert Company LLC v Apotex Pty Limited (No 2) [2018] FCAFC 26, 166

Warrie (formerly TJ) (on behalf of the YindjibarndiPeople) v State of Western Australia [2017] FCA 803; Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia (No 2) [2017] FCA 1299, 34

waste/cleaning, 61

Webb, Raelene, presentations, 87

websites

access to cases of extensive public interest, 41

approved forms, 26

FCA, 68

FCC, 68

FCoA, 67

guides, 27

NNTT, 86

practice notes, 26

Western Australia, Native Title Representative Bodies, 76

Western Australian District Registry, 10

hosts legal community events, 42

hosts overseas delegations, 44

hosts school visits, 42

Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992, 35

White, Justice Richard Conway, 7

judgments, 167

professional activities, 45

Wigney, Justice Michael Andrew, 7

judgments, 168

professional activities, 190

Williams, Stephen, receives National Excellent Service Award, 65

work health and safety, 64–5

Work Health and Safety Act 2011, 64–5

Work Health and Safety Committee, 63, 64

work–life balance, 65

work of the court, 22–49

workers' compensation premium rates, 64

workforce planning, 65

workforce turnover, 210–11

'working digitally' approach, 16

workload, 17, 28, 138, 139, 140, 151

appellate jurisdiction, 31–2

bankruptcy, 17, 138, 139, 144–5

combined filings of FCA and FCC, 27–30

corporations, 138, 139, 140, 145–6

current matters, 141

delivery of judgments, 28

disposition of matters other than native title, 28

filings, 17, 138–42, 144–7

matters completed, 143, 144

migration appeals, 32

National Practice Areas, 148–52

native title, 33–4, 138, 139, 140

statistics, 137–52

see also native title matters

workload in original jurisdiction

age of pending workload, 29–30

current matters, 29

incoming work, 29

matters completed, 29

matters transferred to and from the Court, 29

workplace bargaining and enterprise agreements, 63, 212–13

Workplace Relations Act 1996, 23

Y

Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993, 35

Yates, Justice David Markey, 6

judgments, 166

professional activities, 45, 49, 184

year in review

FCA, 14–19

NNTT, 76–8

Z

Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) [2018] FCAFC 132, 159

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