01
THE YEAR IN REVIEW
Court was renamed the
FEDERAL CIRCUIT COURT
OF AUSTRALIA
Federal magistrates became known as
JUDGES
Finalised
83,480 FAMILY LAW and
6450 GENERAL FEDERAL LAW
proceedings
THE YEAR IN REVIEW
SECTION 01 THE YEAR IN REVIEW
FROM THE CHIEF JUDGE
2
It gives me great pleasure to introduce the
first annual report of the Federal Circuit
Court of Australia. The Court was renamed
with effect from 12 April 2013 following
legislative amendments introduced by the
then Attorney-General, The Honourable
Nicola Roxon. New courts are created relatively
infrequently and the renaming of a court is
an even rarer occurrence. This very positive
development followed a lengthy period of
uncertainty about the Court’s future, and was
a very significant milestone for the Court.
It is appropriate to record that the years
from when the plan to merge the Court was
first articulated, to when the plan was finally
abandoned, were very difficult for the Court.
Chief Judge Pascoe AO CVO
I am enormously grateful to all members
of the Court who continued to work hard and put the interests of litigants first, despite the
uncertainty and the consequent effect on morale.
The renaming of the Court and its judicial officers had the strong support of the entire Court
and the superior federal courts. The name Federal Circuit Court was adopted to reflect the
Court’s unique place as the only court at the federal level to actively maintain a continuous
presence outside major capital cities. This allows members of the public who live in rural and
regional Australia to more easily access the federal court system to help resolve legal problems
without the need to go to the major cities.
The Federal Circuit Court deals with the majority of federal filings in Australia and, thus also assists
the superior courts by enabling them to concentrate on the longer and more significant cases.
Under its new, distinctive name, the Court will continue to maintain its innovative approach
to its workload. From its foundation, the Court deliberately adopted a model of judge-lead
case management in which, immediately upon filing, all matters are allocated directly to an
individual judge. The Court’s experience is that by placing matters under the oversight of
the ultimate decision maker, it can dispose of a very high volume of work in an efficient and
timely manner. This approach builds on the Court’s legislated mandate to operate informally
and with streamlined procedures. Our Court in fact demonstrates that a high level of
judicial involvement can mean speedy and cost-effective resolution of litigation. Active case
management practices and a national team of case management judges are the keys to
managing the Court’s extremely large caseload.
As an independent court with a distinctive style and national presence, the resourcing needs
of the Court clearly need to be considered in light of its workload and geographic reach. As a
busy intermediate level trial court, appropriate investment is required, for example, in business
systems and processes in order to best support our judges and staff in court and in chambers.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
Adequate funding is needed to sustain a healthy circuit program which can evolve as needs
change. The Court is also focussed on engagement with the Australian community, and even
more so the need to engage pro-actively with Indigenous Australians.
In this context, I note that in the past financial year three appointments were made to the Court;
two of these appointments were made to fill vacancies. One of these two appointments was
made to fill a vacancy caused by the death of a sitting member of the Court some 16 months
earlier. A further appointment was announced just prior to the end of the financial year which
takes the total membership of the Court at the time of writing to 64. Raw numbers are,
however, not the issue. What is important is an adequate level of resourcing commensurate
with workload. The Court is, appropriately, the workhorse of the federal courts and continues
to demonstrate both a high level of expertise and timely resolution of a large volume of work.
The Court must also now plan for a period of transition as those judges initially appointed to the
Court approach statutory retirement. This will mean a significant number of retirements relative
to the size of the bench. The Court is currently assessing the impact of this transition so that it
does not affect the service provided to the public.
The Court has recently paid particular attention to evaluating work practices and is developing
links with the profession and those agencies which play a role in the family and general
federal law system. Further work will be done in the coming year in these areas, including
collaboration with the Law Council of Australia Court Liaison Committee. This is in view of
the extensive general federal law work of the Court and the need to further enhance the
Court’s broad federal jurisdiction. I anticipate this will lead to clear benefits for court users.
The objective of evaluating work practices is to ensure that the Court and those with whom
it collaborates share a common understanding of needs and expectations. This will improve
the court experience overall by ensuring that practitioners and parties are prepared and
spend only the time that is needed in the courtroom. There has been expanded engagement
with stakeholders in improving information flow and processes around risk assessment
where abuse or violence is a factor. This is intended to ensure the Court has early access
to information of relevance when confronted with cases where risks are alleged.
When the administrative functions of the Court were merged with the Family Court, I noted
that having a single Chief Executive Officer reporting to the two heads of jurisdiction was not
the preferred model of the courts. An agreed alternative model had been put to government
by both the Federal Circuit Court and the Family Court. The alternative model involves each
court having its own principal registrar/CEO position.
The Federal Circuit Court will continue the traditions and positive attitude towards its work,
first established by the Federal Magistrates Court. The history of the Court to date has been
one of ongoing change and improvement. I am confident that the Court’s new identity will
provide a strong foundation to further develop its role as a high volume federal trial court
serving all Australians.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
It is critical that the Court is resourced in a way that allows time for judicial education and
operational planning, as they contribute significantly to the capacity of the Court to respond
to work demands and the need for ongoing innovation. In short, the Court needs an adequate
level of resourcing to facilitate all dimensions of its work. It has been publicly acknowledged
that the Court was never properly resourced, that a fundamental review of the Court’s budget
needs is overdue, and that now is the appropriate time for that to occur.
3
STATISTICS AT A GLANCE
Table 1.1: Filings and finalisations in family law and general federal law
SECTION 01 THE YEAR IN REVIEW
Family law
4
Filings
Finalisations
2012–13
2011–12
2012–13
2011–12
Final orders
17,364
17,415
16,936
16,785
Interim orders
20,242
20,332
20,015
20,080
Divorce applications
43,288
46,031
44,817
45,685
1724
1771
1712
1877
82,618
85,549
83,480
84,427
Other
Total family law
General federal law
Filings
Finalisations
2012–13
2011–12
2012–13
2011–12
Bankruptcy
3984
4590
4070
4728
Migration
1981
1464
1395
1172
Administrative
22
15
22
12
Admiralty
16
7
16
6
Consumer
70
56
65
63
Copyright
40
44
44
53
Human rights
105
81
92
88
Industrial
763
736
746
665
6981
6993
6450
6787
Total general federal law
DEVELOPMENTS DURING 2012–13
FEDERAL MAGISTRATES COURT OF AUSTRALIA RE-NAMED AS THE
FEDERAL CIRCUIT COURT OF AUSTRALIA
On 12 April 2013, the Federal Magistrates Court of Australia became known as the Federal
Circuit Court of Australia and the federal magistrates became known as judges.
The name of the Court has been changed to more accurately reflect its role and its
accessibility for all court users. The inclusion of ‘circuit’ to its name highlights the prominence
of the Court’s circuit work in regional areas and ‘federal’ reflects its broad Commonwealth
jurisdiction in both family law and general federal law.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
The legislative vehicle for this change was the Federal Circuit Court of Australia Legislation
Amendment Act 2012. In addition the Federal Circuit Court of Australia Legislation
Amendment Act 2012 made consequential amendments to other Commonwealth legislation
to reflect the new name of the Court and the title of federal magistrates.
The jurisdiction and status of the Court and the arrangements under which it operates has
not changed.
On 1 May 2013 a Ceremonial Sitting was held in the Sydney Law Courts Building to mark
the historic change of name of the Federal Magistrates Court to the Federal Circuit Court
of Australia, and the change in title of its members from federal magistrate to judge.
In perhaps the largest single sitting of an Australian court, 61 judicial officers convened in
Sydney. Joining Chief Judge Pascoe and members of the Court on the bench were the
Chief Justice of the Family Court of Australia, Diana Bryant, in recognition of her contribution
as the first Chief Federal Magistrate, and Justices Ryan and Bennett, former members of the
Court, now members of the Family Court.
The sitting commenced with a welcome to country by Mr Michael West on behalf of the
Sydney Metropolitan Local Aboriginal Land Council. As part of the welcome a message stick
was presented to the Chief Judge. The message stick is inscribed with a message of ‘one
community, one mob, one planet and one humanity that we are all brothers and sisters’. It also
has inscribed the scales of justice as a prompt for the Court to think about the interaction of
law between the Australian society and Aboriginal people. The message stick was accepted
by the Court in the spirit of reconciliation and will be displayed as a continual reminder of the
Court’s important role for Australian Indigenous communities.
The Attorney-General, the Honourable Mark Dreyfus QC addressed the Court and observed
‘that the changes to name and title recognised at the sitting more accurately reflected the
role and status of the Court in the federal judicial system’.
Reflecting on the Court’s commitment to providing access to justice to the Australian public,
the Attorney observed that the Court reached communities in ‘Broken Hill, Bundaberg,
Ballarat, and Burnie’. The Attorney concluded his address with the observation that ‘the unique
character and broad reach of the Federal Circuit Court of Australia plays a vital role in the
federal justice system’.
Mr Michael Colbran QC, speaking on behalf of the Australian Bar Association, stated that
the Court’s geographic reach is matched by its commitment to quality of service and a
“characteristic focus” on the needs of those who come before it. Representing the Law
Council of Australia, Mr Joe Catanzariti noted that the nature and volume of the Court’s
work meant that it was the first experience of the justice system for many Australians and,
indeed, many prospective Australians.
The Chief Judge in his address spoke of the way in which the sitting celebrated both
continuity and change in the legal system. He observed that while courts can seem remote
and bound by tradition, legal systems are in a ‘continuing state of evolution’, and therefore
the sitting was ‘about the capacity of the court system to grow and change, whilst preserving
the great traditions of the law’.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
CEREMONIAL SITTING
5
The Chief Judge also emphasised that the Court’s commitment to its rural and regional work
captured only part of its role. He stated that the Court was also working hard to develop
circuits which meet the needs of particular litigants, including those of Indigenous Australians,
Australians from different cultural backgrounds and those with disabilities.
SECTION 01 THE YEAR IN REVIEW
The Chief Judge paid tribute to the hard work, dedication and skill of the Court’s judicial
officers which, more than anything else, had ‘earned the Court the respect it now enjoys
within the judiciary, the legal profession and in the community at large’. According to the
Attorney-General ‘this respect warranted, at the least, a new name and title’.
6
Before adjourning the Court, the Chief Judge said that “the Federal Circuit Court will play its
part in ensuring access to justice for all Australians, regardless of their geographic location,
economic circumstances, ethnic or cultural background”.
A full transcript of the ceremony is available on the Federal Circuit Court website
www.federalcircuitcourt.gov.au under the publications section.
MERGED COURTS’ ADMINISTRATION FORMALISED
The Courts and Tribunals Legislation Amendment (Administration) Act 2012 was given assent.
Amongst other things, it provided for the administration of the Federal Circuit Court and
the Family Court to be more formally merged. The change was effective from 1 July 2013
and formalises arrangements that have been in place for some years, including that there to
be a single Chief Executive Officer for both courts. The single agency is now known as the
Family Court and Federal Circuit Court. It does not affect the judicial operations of either
court. The courts’ administration made the necessary changes to support this.
COLLABORATION WITH PRESCRIBED WELFARE AGENCIES.
Consistent with the legislative amendments, the Court is seeking to better facilitate the early
identification of risk in parenting matters. A new Notice of Risk has been developed and
trialled in parenting proceedings filed in the Court in South Australia from 4 February 2013.
For more information see www.federalcircuitcourt.gov.au
The Court has also established a committee of judges with the aim of enhancing local
relationships with state and territory child welfare agencies. In the Melbourne and Dandenong
registries, judges have been actively involved in the establishment, evaluation and review of a
co-location initiative with the Department of Human Services. In Parramatta and Newcastle,
a pilot has commenced with the Department of Family and Community Services to obtain a
‘Personal History’ document in certain proceedings.
INTERNATIONAL FRAMEWORK FOR COURT EXCELLENCE
The Court continued its adoption of the International Framework for Court Excellence in
2012–13 as a way of delivering improvements to the operation of the Court, including judicial
and registry services. Judges agreed to further advance implementation of the International
Framework for Court Excellence at the Court’s annual plenary in May 2013.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
The Honourable Chief Judge Doogue of the District Courts of New Zealand provided a highly
valuable briefing to the plenary on the merits of this model and the gains which can be made
by a court through this framework. Chief Judge Pascoe subsequently appointed Judge Jarrett
to advance the framework on behalf of the Court. A likely element of this program will be an
internal survey of judges and staff to identify strengths and areas for change as well as a court
user survey.
• Court management and leadership
Given the Court’s workforce demographic and the likelihood of retirements within the
next five years, increased attention was given to succession planning and ensuring
that the Court has capacity for the future including at court administration leadership
levels. The Court continued a CEO initiative targeted at younger employees, the Young
Employees Advisory Group (YEAG) initiative to ensure that the Court benefits from the
ideas of the next generation and that they are engaged with the future of the Court.
For more information on YEAG, see the Joint Initiatives of the Court later in this section.
• Court policies and planning
As government policy became clear about the structure of federal courts, the Chief Judge
determined that fresh strategic foundations must be made for a future plan to underpin
the Court’s unique place in the Commonwealth justice system, as the largest and busiest
jurisdiction. Also, a committee of judges has been established to advise on the implementation
of the International Framework of Court Excellence. The Committee will report to the
Chief Judge in 2013–14 on areas in which the Court performs strongly and areas which
may require change. This work will be informed by the opinions of the Court’s judiciary and
the administration and also feedback from court users such as barristers and lawyers.
• Human, material and financial resource management
Corporate services are a fundamental foundation to the operation of the Court. A focus
this financial year was working with the government about a sustainable budget for the
future. This work contributed to the Court being awarded budget supplementation in
2012–13, pending a further review in 2013–14 of all federal courts financial and operational
arrangements.
• Court proceedings
The Court has established workload review processes for the judiciary, registrars,
family consultants and client services. These processes have become the cornerstone of
performance review and case management. They assist the Court in promoting discussion
about improvements to performance, more consistent approaches across the country,
allocation of resources and case management planning.
• Client needs and satisfaction
Following a User Satisfaction Survey of more than 1300 respondents including litigants
and lawyers, conducted in June and July 2011, the Court determined areas for
improvement. The survey results were encouraging with 86 per cent of those surveyed
saying that they were satisfied with their visit to court. Identified areas for improvement
included form design, the website, and better information to ensure more accurate
expectations ahead of court hearings including, for example, the time a court hearing
might take. This initiative, directly related to client needs and satisfaction, will now
become a regular feature of the Court’s assessment and improvement program.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
The Court has also undertaken a number of other initiatives aligned to seven central elements
of the framework as follows.
7
SECTION 01 THE YEAR IN REVIEW
• Affordable and accessible court services
The Court continued to ensure that all registries are accessible to those with disabilities.
All property refurbishments were completed taking into account disability access
regulations. The Court continued to provide interpreters for those parties in family law
and many cases in general federal law where language was identified as a barrier to
participation in court events. The Court also examined opportunities for best practice
in support of interpreters in courtrooms.
8
An Australian Government fee review resulted in new fees, and in some cases increased
fees, for certain filings in the family law and general federal law, as part of the requirement
to recover a greater percentage of the costs associated with the jurisdiction. The changes
included fee waiver arrangements in some instances for those who may have evidence of
financial hardship.
• Public Trust and Confidence
The Court has established through its surveys of family law court users that there is high
level of trust and confidence in the Court’s processes, staff and procedures. To ensure
that the Court continues to have the benefit of court user feedback to enable responsive
adjustments and met needs, the Court will be repeat the User Satisfaction Survey in
2013–14. Feedback will be relied upon to continually improve the courts’ administration.
The Court also promotes trust and confidence via its consultative culture and engagement
with court users. The essential principle promoted by the Court in all these initiatives is
transparency so that public trust and confidence is continually enhanced.
LISTING COMMITTEE
In 2011 the Court established a listing committee chaired by Judge Willis to make
recommendations in relation to the way in which matters are listed, time allowed for judgment
writing and other measures to assist the Court in coping with its increasing workload.
The listing committee reported to the judges of the Court at the 2013 Plenary in Sydney.
The Terms of Reference for the Committee included:
• identifying the changing nature of the Court’s workload and considering whether the
current time line protocols and performance indicators are appropriate
• examining the need for a change in listing practices
• identifying the different case management and listing practices between registries,
both on circuit and at home registries
• considering whether there is a case for adopting a national standard model of case
management, listings and practices as a benchmark standard for the Court as a whole
• identifying the competing demands upon judicial time and the extent to their impact
upon chambers staff
• identifying strategies to achieve an appropriate balance for the time spent hearing trials,
interim work, case management and judgment writing, and
• consulting with the judges when required.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
The listing committee conducted an extensive consultation process that involved speaking to
most of the judges in the Court undertaking family law, judges of the Family Court including
Chief Justice Bryant, members of various bar associations and law societies. The consultation
process resulted in the committee identifying a comprehensive range of recommendations for
consideration by the Court.
Key recommendations include:
• that the docket system remains a cornerstone of the Federal Circuit Court
• whilst it is not recommended that a national standard of case management and listing
practices be adopted, national guidelines or a best practice to underpin effective case
management and listing practices should be adopted
• that diary management and listing practices emphasise that delivering a judgment is an
integral part of the hearing process
• judges avoid listing into judgement writing weeks where they have outstanding
judgements, and
• the Court initiate workshops on managing the pressure of ongoing judgment writing.
The Chief Judge’s Policy Advisory Committee will now consider the recommendations.
THE INDIGENOUS ACCESS TO JUSTICE COMMITTEE
In May 2012 the Chief Judge established a committee to look at ways the Federal Circuit
Court can assist Indigenous litigants in family law and liaise with the relevant external groups.
The committee is chaired by Judge Willis and comprises of judges representing most Federal
Circuit Court locations.
The term of reference for the committee is to determine how:
• the Federal Circuit Court of Australia can improve access to justice in this Court for
Indigenous litigants.
The committee has approached this task as a three step process:
1. to gather information by directly contacting the relevant Indigenous legal services,
community services and groups and institutions who represent Indigenous litigants
and others who assist potential Indigenous litigants
2. to meet regularly, collate information and recommendations, both interim and final, and
3. to make recommendations about improving access to the Federal Circuit Court including
the pathway, procedures and practice within the Court in regard to the preparation of
Indigenous matters.
The Committee aims to ensure the development and implementation of practical measures
that will assist Indigenous litigants who file in the Federal Circuit Court. It is also focusing on and
reviewing the current listing and case management processes in order to ascertain if there is a
need for any modification to ensure they are responsive and relevant for Indigenous litigants.
The committee has undertaken a great deal of work and has largely completed the first and
second tasks. A report and recommendations are currently being prepared for submission
to the Chief Judge.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
• that consideration is given to setting maximum intake each year of no more than 360 matters
9
LIAISON WITH THE LAW COUNCIL OF AUSTRALIA
During the year the Federal Circuit Court and the Law Council of Australia’s Liaison Committee
met twice. This Committee comprises the Chief Judge and other representatives from the
Court with David Gaszner and others representing the Law Council of Australia. The Committee
considers issues pertaining to the general federal law jurisdiction of the Court. In particular,
the Committee considered issues such as:
• judicial resourcing and funding
• workload trends
SECTION 01 THE YEAR IN REVIEW
• jurisdiction and Court Rules
• case management including panels and circuits
10
The Family Law Section Regional Committee is made up of approximately 44 representatives
from around Australia. Although not all attended the telephone links, practitioners were
well represented on the two occasions meetings were held. Discussions covered a range
of matters including the practices associated with attendance at court by telephone. It is
envisaged that this liaison committee will continue to meet in 2013–14 with a more formal
agenda to be developed.
• transfers between courts
• self-represented litigants
• issues surrounding fees, and
• impact of the Civil Dispute Resolution Act 2011.
LIAISON WITH THE FAMILY LAW SECTION REGIONAL COMMITTEE
In addition to meeting regularly with the Family Law Section, the Court also initiated liaison
with the Family Law Section Regional Committee. The purpose of the meeting is to discuss
a range of activities with a particular focus on the Courts circuit program to rural and
regional Australia.
OUTLOOK FOR 2013–14
In 2013–14, the following may have an impact on the Court and its delivery of services:
• positioning the courts to address ongoing budgetary pressures, particularly from
2014–15 onwards
• maintaining and reviewing circuit arrangements
• promoting the work of the Court as a broad federal law trial court, and
• ongoing work concerning the adoption of the International Framework for Court Excellence.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
JOINT INITIATIVES OF THE COURTS
Throughout 2012–13, the Federal Circuit Court was involved in a number of new and ongoing
joint initiatives, including:
The Commonwealth Courts Portal
(www.comcourts.gov.au), launched in July 2007,
is a continuing initiative of the Federal Circuit Court,
the Family Court, and the Federal Court. The CCP
provides free web-based access to information about
cases that are before these courts.
Once registered, lawyers and parties can keep track
of their cases, identify documents that have been filed
and view outcomes, orders made and future court dates.
Users log on using a single user ID and access multiple
jurisdictions from a central web-based system.
A popular function is the ability for a user to elect to be
notified of recent activity on their file(s). To date more
than 80,000 such notifications have been sent advising
users that their file has been updated.
During 2012–13, the eCourt Forum was implemented,
allowing interaction between the courts and clients
to enable procedural matters to be heard via the CCP
without having to physically attend court.
eFiling functionality continues to expand with users
now able to eFile applications and responses in a case.
Development will continue in 2013–14 to allow for
consent order applications to be eFiled.
In addition, progress continued to be made with the government-mandated timeline to
attain compliance with version 2.0 Level ‘AA’ of the Web Content Accessibility Guidelines
by December 2014.
The following statistics highlight the significant growth in the number of portal users as at
30 June 2013:
• more than 4000 firms now registered
• lawyer registrations have increased to over 8000, and
• total registered users exceed 118,000.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
COMMONWEALTH COURTS PORTAL
11
Table 1.2 provides further detail regarding the number of portal users.
Table 1.2: Registered users of the Commonwealth Courts Portal, 2009–10 to 2012–13
30 June 2010
30 June 2011
30 June 2012
30 June 2013
Number of law
firms registered
1279
2466
3280
4134
Number of
lawyers registered
2827
5026
6746
8370
24,073
57,602
85,332
118,108
SECTION 01 THE YEAR IN REVIEW
Total registered users
12
Table 1.3 shows the number of supplementary documents eFiled in the Federal Circuit Court
and the Family Court for the past four years by state.
Table 1.3: Documents eFiled in the Federal Circuit Court and Family Court 2009–10
to 2012–13
2009–10
2010–11
2011–12
2012–13
ACT
643
1321
2004
2914
NSW
6362
15,470
27,206
39,659
130
231
468
655
10,149
21,157
31,316
41,114
SA
1679
2353
4912
7121
TAS
396
785
1296
1576
VIC
5736
13,200
24,660
39,244
25,095
54,517
91,862
132,283
NT
QLD
TOTAL
ELECTRONIC COURT FILE
During the reporting year, as part of the Federal Court’s Electronic Court File project, the Federal
Circuit Court and the Federal Court commenced work on adapting the electronic court file
prototype to apply to general federal law matters in the Federal Circuit Court. A presentation
of the prototype was given to the Federal Circuit Court’s Policy Advisory Committee and a
joint working group has been established between the two courts to progress implementation.
The project, which is the culmination of the Federal Court’s ‘Myfiles’ concept, will ultimately
replace the paper file for general federal law matters. It will be particularly beneficial to members
of the legal profession with multiple general federal law matters in the Court at the one time.
They will be able to lodge documents and correspondence electronically with the Court and
remotely view the documents on the court file.
YOUNG EMPLOYEES ADVISORY GROUP
The Young Employees Advisory Group (YEAG) has been established to provide staff under
the age of 27 years with the opportunity to participate in a national development forum,
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
to increase the engagement of young employees within the Court and to provide a platform
to contribute ideas to the future business operations of the courts.
This year the group consists of 17 members including representation from judicial support,
administrative and corporate staff from the Federal Circuit Court and the Family Court
(with family law and general federal law represented). The group also includes two employees
from the ACT courts.
The four projects can be described as having either a business or people focus including:
• ‘Clear clicking’ and ‘Self-represented litigants’ fall into the business focus, and
• ‘ASPIRE’ and ‘Education and exchange’ have a people focus.
Each project group is sponsored by a senior executive staff member who will assist in
managing the projects.
YEAG have met in Melbourne and Canberra and will meet again in September 2013 in Sydney
prior to meeting in Canberra for the final presentation of the projects to the CEO’s Management
Advisory Group in November 2013.
Figure 1.1: Young Employees Advisory Group matrix of projects for 2012–2013
CLEAR CLICKING
ASPIRE
Self-represented Litigant Perspective
Employee Performance and Recognition
Simplify the pathway for self represented
litigants on the courts’ websites to provide
clarity in respect to forms and procedures
when commencing proceedings.
Develop a staff recognition program that is offered to
staff quarterly on a regional basis.
Business benefit: Easier access to information
for litigants and reduced strain on court staff.
Business benefit: increased staff engagement,
retention and productivity and enhancement of
the courts’ reputation as an employer of choice.
SELF-REPRESENTED LITIGANTS
EDUCATION AND EXCHANGE
Stopping the DIY Confusion
Innovation and excellence
Produce a video aimed at guiding
self-represented litigants through court
processes particularly in respect to the
service of court documents.
An exchange program which involves the exchange of
staff between the Federal Circuit Court/Family Court
and State courts to be piloted in the Canberra registry.
Business benefit: timely access to information
that is relevant to current court issues, in line
with existing digital strategies and aligned with
the Court Excellence Framework.
Business benefit: improved capacity to engage,
retain and attract employees.
Appreciating
Strong
Performance &
Innovation by
Recognising
Employees
An education program designed to provide university
students with the opportunity to be mentored by the
judiciary, gain an insight into courts and the decision
making process. The group is working toward having
this run as a pilot program in the Melbourne Registry
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
As part of the YEAG program, participants are required to identify and develop projects that
will benefit the courts. This year, four project groups have been formed to develop the
projects identified by the broader group which is represented in Figure 1.1.
13
SECTION 01 THE YEAR IN REVIEW
14
Left to right: Nina McKeon (Executive Assistant, NSO), Raphael May (Communications Officer),
Sienna Moore (ACT Courts), Ebony Fenner (NEC), Clare McFadden (Procurement Officer), Rosemary Brett
(Deputy Associate), Jillian Morrison (Deputy Associate), Elizabeth Pane (Client Service Officer),
Jaime-Lee Simons (HR Officer), Stephanie Page (Deputy Associate), Sarah Dupe (ACT Courts), Lea Reid
(Legal Associate), Tracey Kingsbury (Deputy Associate), Renee Packham (HR Officer), Jasmine Purches
(Administration Officer), Sally Bastick (Deputy Associate), Kathering Garaty (Deputy Associate),
Sophie Fitzgerald (Client Service Officer), Lisa Clark (Judicial Services Team Leader), Dan Snow
(Client Service Officer).
A STUDY OF INDIGENOUS AUSTRALIANS ACCESS TO AND USAGE OF THE
FAMILY LAW COURTS
A study of Indigenous Australians access to and use of the
Family Law Courts was completed in 2012–13. The study
which commenced in 2010, looked at issues associated with
access to justice and recommended steps towards improved
service delivery in the Family Law Courts. It compared the
experiences and perceptions of Indigenous Australians,
who had recently litigated in the Family Law Courts,
with those of a representative sample of non-Indigenous
Australians.
The study was initiated by the Family Law Indigenous Working
Group, chaired by Justice Robert Benjamin. Stephen Ralph,
an independent Aboriginal consultant with extensive
experience working with Aboriginal and Torres Strait Islander
families in the area of family law, undertook the study,
seeking the views and experiences of Aboriginal and
Torres Strait Islander families who had recently been involved in family law proceedings.
The major findings of the review were reported in last year’s annual report. A copy of the final
report is available under the publications section on the Federal Circuit Court’s website at
www.federalcircuitcourt.gov.au
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
CLIENT SERVICE SENIOR MANAGER’S GROUP
Chaired by the Executive Director Client Services, the Client Service Senior Managers’ Group
(CSSMG) comprises registry managers and registry and judicial service managers from
the Federal Circuit Court and the Family Court. The group aims to identify and implement
ways to continually improve service delivery across the courts by streamlining procedures,
ensuring consistency in work practice, providing better information and enhancing client
contact with the courts.
CSSMG was involved in several priority projects during 2012–13 including:
• the simplification of the Document Request Form to assist clients seeking copies of orders
or divorce certificates
• the development and implementation of procedures to support the changes to the fees
regulations, which included some new areas such as conciliation conferences
• the creation of a client service wiki to ensure staff have access to the most up-to-date
procedural information
• the review and refinement of the processes to support the family violence amendments
introduced in 2012, and
• the ongoing exploration of eFiling procedures to ensure that the most efficient use of
the technology.
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The group meets by video link six-weekly and uses the courts’ Connections technology
through a CSSMG community. Through this community members can discuss issues,
provide reports, post blogs and upload files for discussion within the group.
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CLIENT SERVICES – NEW QUEUING SYSTEM
In October 2012 a ticket-based queuing system was installed at the Adelaide, Parramatta,
Dandenong, Melbourne, Brisbane and Sydney registries, replacing the previous queuing
system. Clients entering these registries are greeted with a touch screen kiosk giving
them various options to choose from. Once the client is issued with a ticket, the queue
management system allows specialists in different areas to manage certain enquiries,
facilitating shorter wait times and more efficient service.
While formal feedback from clients has not yet been sought, there was positive comment
about the ability to ticket the subpoena and file viewing area at the registries. This has resulted
in a more orderly flow of clients. From a staff perspective, the new system is beneficial in
various ways. The training and helpdesk support have been commented upon favourably.
Overall, the new system has been beneficial for staff, clients and other court users by way
of its improved functionality and reliability. Now waiting clients can see for themselves how
long they might need to wait and staff can re-allocate client services staff to areas of higher
demand at any given time.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
FAMILY LAW CLIENT SATISFACTION SURVEY
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Following a court user satisfaction survey, conducted in
2011, of more than 1300 respondents including litigants
and lawyers, the Court analysed the feedback and results
and determined those areas for improvement. The results
of the survey were encouraging with 86 per cent of those
surveyed saying that they were satisfied with their visit
to court. Areas for improvement identified in this survey
exercise included: form design; the website; and better
information to ensure more accurate expectations ahead
of court hearings including for example the time a court
hearing might take. This initiative, directly related to client
needs and satisfaction, will now become a regular feature
of the Court’s assessment and improvement program.
AFFORDABLE AND ACCESSIBLE COURT SERVICES
The Court continued to ensure that all registries are accessible to those with disabilities.
All property refurbishments were completed taking into account disability access regulations.
The Court continued to provide interpreters for those parties where language was identified
as a barrier to participation in court events and also examined opportunities for best practice
in support of interpreters in courtrooms.
Federal government fee review resulted in new and in some cases increased fees for certain
filings in the family law jurisdiction of the Federal Circuit Court as part of the requirement to
recover a greater percentage of the costs to government. These reforms included fee waiver
arrangements for those who may have evidence of financial hardship to ensure that affordable
and accessible justice was provided.
FAMILY VIOLENCE BEST PRACTICE PRINCIPLES – THIRD EDITION
The third edition of the Family Violence Best Practice
Principles was launched at the family law conference in
Hobart in October 2012 by the then Attorney-General,
the Honourable Nicola Roxon MP. At the launch, Chief Justice
Diana Bryant AO of the Family Court said there had been
significant progress over recent years in enhancing the
communication between those who have a role in family
law and in the protection of children.
The principles were first developed in 2009 by the Family Court’s
Family Violence Committee and were reviewed and updated
by a joint Federal Circuit Court and Family Court committee to
ensure they optimally assisted their intended audiences.
The Best Practice Principles are applicable in all cases involving
family violence or child abuse or the risk of family violence or
child abuse in family law proceedings before the courts.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
Protecting families and children who are engaged with the family law system from the effects
of family violence is a priority for both courts. The principles assist by acting as a checklist of
matters that judges, court staff, litigants and legal professionals can refer to at each stage of
the litigation process.
The Best Practice Principles recognise:
• the harmful effects of family violence and abuse on victims, and
• the place accorded to the issue of family violence in the Family Law Act 1975 (Cth).
SYDNEY FAMILY LAW SETTLEMENT SERVICE
The Sydney Family Law Settlement Service pilot commenced in May 2012, and concluded
in December 2012. It was a joint initiative of the Law Society of New South Wales,
the New South Wales Bar Association, the Federal Circuit Court and the Family Court.
The pilot aimed to settle as many family law property matters as possible without a court
hearing (trial), thus avoiding the cost and time of a fully defended hearing and to reduce
the number of cases awaiting final hearing in the courts. The Law Society facilitated the
coordination and administration of the service. Practitioners who were experienced in
mediating in family law matters and were on the Law Society’s and NSW Bar Association’s
mediation panels were engaged to conduct the mediations.
A total of 148 Sydney and Wollongong property matters were selected as suitable to
participate in the service, being matters for which a conciliation conference had been held
but excluding cases, for example, with allegations of family violence. Parties were invited
to voluntarily agree to attend the service and, where consent was not given by both parties,
a judicial officer considered whether any orders should be made that the parties attend
the service.
At 30 June 2013, evaluation of the pilot was continuing, however, the known results indicate
it was well received and has potential for the future. Discussions were underway about
refinements that might be made to the model, should it be continued in the future.
Of the initial 148 matters, 89 were subsequently referred to the service for mediation.
Thirty-five matters were deemed not suitable following representations by the parties and
further examination. The remainder either settled or discontinued prior to referral to the
service or was privately mediated.
Of the 89 matters referred to the service, 26 matters (29 per cent) settled at the mediation
through the service and 15 (17 per cent) settled prior to the mediation. Thus, a total of
41 matters (46 per cent) of the matters referred to mediation therefore settled. In other words,
less than half of the matters (39 of the 89 (44 per cent) referred to the service progressed
through to a court hearing and many of those were of reduced length due to partial
settlement or narrowing of issues at the mediation. The other nine of those 89 were still
in some form of action, either mediation was ongoing or other reporting back was yet to
happen or the status of their settlement was yet to be reported, at 30 June 2013.
Given the success of this initiative, it is likely that the service will continue in the Federal Circuit
Court and Family Court in Sydney.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
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The Best Practice Principles are available at www.familylawcourts.gov.au
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STATEMENT OF STRATEGIC INTENT
In July 2012, the Family Law Court’s administration released
a Statement of Strategic Intent, outlining the challenges,
directions and priorities of the courts’ administration
for 2012–13. The Statement built on the work already achieved
after the merger of the separate administrations of the
Federal Circuit Court and the Family Court in 2009.
At 30 June 2013, this document was being updated to reflect
the implementation of the new joint agency, from 1 July 2013.
From that date the administration of the courts were formed
into one body to be known as the Family Court and Federal
Circuit Court.
In the document foreword, the Chief Executive Officer,
Richard Foster, noted that the courts’ administration
operates in an environment of change, with increasing
expectations from court users. ‘We have a critical role in
shaping and defining service delivery and we pride ourselves on delivering timely, high quality,
cost effective support to the Family Court of Australia and Federal Circuit Court of Australia.’
Mr Foster acknowledged that there were significant challenges, including ongoing financial
pressures, the Government’s desire for closer sharing of corporate resources and the continued
pressure on staff to do more with less.
The Statement noted that clients have told the courts that they want:
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• ease and simplicity in procedure, policy and system
• information that is understandable and accessible
• timeliness
• assistance
• respect for privacy, and
• a safe environment.
Priority actions for 2012–13 included:
• implementing ongoing savings measures in support of the Court’s agreed budget position,
including possible restructure of the service model and/or funding arrangements
• continued development of a unified corporate service to support the courts
• exploration of any opportunities to share or restructure corporate services with the
Federal Court
• completion, integration and adoption of operational data for the judiciary, registrars, family
consultants and client services to inform case management planning in accordance with
the Court Excellence Framework (see Initiatives for more about the Framework)
• advancing ‘transformational’ opportunities through the development of an ‘electronic court
file’ including the development of an electronic divorce file and process
• implementing changes to process, practice and procedure arising from the family
violence amendments
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
• advancing and integrating the seven key areas in the Court Excellence Framework
• considering and implementing change in response to the 2011 Family Law User
Satisfaction Survey so that the courts are continually reviewing and improving services
for court user value
• working with the Federal Court to ensure appropriate services and facilities are available
for general federal law matters
• reviewing the application of the Staff Development Fund to ensure it is effectively deployed
to key learning and development opportunities for staff, and
At 30 June 2013, significant progress had been made on the majority of the priority actions
with some continuing over the next 12 months.
INTERNATIONAL DAY OF PEOPLE WITH A DISABILITY
On 3 December 2012, staff of the courts came together for lunch via video conference to
celebrate the 20th anniversary of the International Day of People with Disability. The day is
a United Nations sanctioned day aimed at promoting greater understanding of people with
disability and to encourage support for their dignity, rights and wellbeing.
CONNECTING OUR STAFF – UPGRADE OF CONNECTIONS
Connections is a social networking environment that supports staff to communicate and
collaborate in the work environment, regardless of their physical location. It was introduced
in 2012.
In February 2013 the courts upgraded Connections in order to take advantage of a more usable
cleaner look as well as new features and improved functionality. The new features provide
greater capacity to share, recommend and follow information as well as improving the methods
staff can use to work in remote teams, generate discussions, ideas and collect feedback.
Currently there are 128 communities operating within the Connections environment.
The objectives of the communities include sharing information, communicating initiatives
such as Harmony Day, planning activities and projects and reviewing and improving
procedures.
Plans for the future include integrating the profiles, wikis and blogs applications with the
Court’s intranet to make better use of these applications and increase their accessibility.
This should make it easier for staff to collaborate and communicate on projects and strategies
that are undertaken to improve services to the community.
FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13
SECTION 01 THE YEAR IN REVIEW
• continuing to explore accommodation options for Federal Circuit Court judges in the
Sydney central business district.
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NEW VIDEO CONFERENCING SOFTWARE
New infrastructure to support video conferencing was implemented across the courts in
the second half of 2012–13. The equipment allows video conferences between registries to
be conducted for free. This is possible because the video conference content is now being
carried over the courts’ data network instead of expensive external ISDN lines.
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The new video conference portable units offer high quality video and sound. The uptake
of video conferencing has increased rapidly for inter-registry links, as managers are finding
this a more effective and cheaper solution for multi-site meetings, rather than the traditional
telephone conference calls or travel.
At 30 June 2013, the courts were also working with the supplier to enable outside parties
to link into the video conference systems via their PCs. This enhancement will allow parties
and witnesses, subject to approval by the Court, to appear via video from any location in the
world at no additional cost to the courts.
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FEDERAL CIRCUIT COURT OF AUSTRALIA ANNUAL REPORT 2012–13