Appendix 6: Workload Statistics

Federal Court of Australia Annual Report 2010-2011

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The statistics in this appendix provide comparative historical information on the work of the Court, including in certain areas of the Court's jurisdiction.

When considering the statistics it is important to note that matters vary according to the nature and complexity of the issues in dispute.

It should also be noted that the figures reported in this report may differ from figures reported in previous years. The variations have occurred through refinements or enhancements to the Casetrack database which necessitated the checking or verification and possible variation of data previously entered.

Casetrack records matters in the Court classified according to sixteen main categories, described as 'causes of action' (CoA). The Court presently reports on filings by major CoA. This is an under-representation of the workload as it does not include filings of supplementary CoA's (cross appeals and cross claims), interlocutory applications (initiated by the filing of a notice of motion) or Native Title joinder of party applications. In 2007–08 the Court started to count and report on notices of motion in appellate proceedings in order to provide the most accurate possible picture of the Court's appellate workload. From 2008–09 the Court has counted all forms of this additional workload in both its original and appellate jurisdictions.

Table 6.4 on page 87 provides a breakdown of these matters. At this stage it is not possible to obtain information about finalisations of notices of motion (because they are recorded in the Court's case management system as a document filed rather than a specific CoA). Because of this, detailed reporting of these matters has been restricted to the information about appeals in Part 3 and Table 6.4. All other tables and figures in this Appendix and through the Report are based on major CoA.

 

 

Table 6.1 - Summary of Workload Statistics - Original and Appellate Jurisdictions

Filings of Major CoAs (including Appellate and Related Actions)

Cause of Action	2006-07	2007-08	2008-09	2009-10	2010-11
Total CoAs
Filed	4925	4428	3862	3646	4941
Finalised	5229	4737	4131	3533	4648
Current	3228	2919	2650	2763	3056
Corporations
Filed	1926	1695	1673	1676	2838
Finalised	2087	1682	1745	1396	2543
Current	518	531	459	739	1034
Bankruptcy
Filed	282	247	208	188	217
Finalised	343	263	236	169	205
Current	120	104	76	95	107
Native Title
Filed	66	33	42	36	83
Finalised	93	73	92	68	91
Current	586	546	496	464	456
Total CoAs (excluding Corporations, Bankruptcy & Native Title)
Filed	2651	2453	1939	1746	1803
Finalised	2706	2719	2058	1900	1809
Current	2004	1738	1619	1465	1459

 

Table 6.2 - Summary of Workload Statistics - Excluding Appeals and related actions

Filings of Major CoAs (excluding Appeals and Related Actions)

Cause of Action	2006-07	2007-08	2008-09	2009-10	2010-11
Total CoAs (excl. Appeals & Related Actions)
Filed	3543	3074	2988	2951	4303
Finalised	3846	3257	3206	2782	4036
Current	2697	2514	2296	2465	2732
Corporations (excl. Appeals & Related Actions)
Filed	1903	1678	1636	1642	2797
Finalised	2065	1662	1717	1370	2499
Current	506	522	441	713	1011
Bankruptcy (excl. Appeals & Related Actions)
Filed	223	201	148	127	144
Finalised	289	205	172	128	130
Current	87	83	59	58	72
Native Title (excl. Appeals & Related Actions)
Filed	50	27	37	33	73
Finalised	80	63	87	63	82
Current	576	540	490	460	451
Total CoAs (excl. Appeals & Related Actions & excluding Corporations, Bankruptcy & Native Title)
Filed	1367	1168	1167	1149	1289
Finalised	1412	1327	1230	1221	1325
Current	1528	1369	1306	1234	1198

 

Table 6.3 - Summary of Workload Statistics - Appeals and Related Actions only

Filings of Appeals and Related Actions

Cause of Action	2006-07	2007-08	2008-09	2009-10	2010-11
Total Appeals & Related Actions
Filed	1382	1354	874	695	638
Finalised	1383	1480	925	751	612
Current	531	405	354	298	324
Corporations Appeals & Related Actions
Filed	23	17	37	34	41
Finalised	22	20	28	26	44
Current	12	9	18	26	23
Migration Appeals & Related Actions
Filed	1050	997	515	376	254
Finalised	1079	1099	615	421	267
Current	342	240	140	95	82
Native Title Appeals & Related Actions
Filed	16	6	5	3	10
Finalised	13	10	5	5	9
Current	10	6	6	4	5
Total Appeals & Related Actions (excl. Corporations, Migration & Native Title Appeals & Related Actions)
Filed	293	334	317	282	333
Finalised	269	351	277	299	292
Current	167	150	190	173	214

 

Table 6.4 - Summary of supplementary workload statistics

Filings of supplementary causes of action

	2006-07	2007-08	2008-09	2009-10	2010-11
Total actions (excluding Appeals & Related Actions)
Cross Appeals (original jurisdiction)	11	2	5	6	3
Cross Claims	198	177	190	205	241
Notices of Motion	1713	1523	1525	1544	1794
Native Title (NT) Joinder of party applications	89	135	482	364	628
Appeals & Related Actions
Cross Appeals	15	18	21	15	38
Notices of Motion	139	148	170	150	161
Total actions (including Appeals & Related Actions)
Cross Appeals	26	20	26	21	41
Cross Claims	198	177	190	205	241
Notices of Motion	1852	1671	1695	1694	1955
NT Joinder of party applications	89	135	482	364	628
Totals	2267	2080	2478	2346	2963

Note: There was an error in the Notice of Motion (NoM) filings in the 2009-10 Annual Report. The filings included NoMs that had been voided by staff and thus were overstated. The error has been rectified and the above table more accurately reflects the filings for the last five financial years.

 

Finalisations of supplementary causes of action

	2006-07	2007-08	2008-09	2009-10	2010-11
Total Actions (excluding Appeals & Related Actions)
Cross Appeals (original jurisdiction)	5	8	1	5	7
Cross Claims	208	217	174	171	160
NT Joinder of party applications	89	135	482	364	628
Appeals & Related Actions
Cross Appeals	16	20	23	9	26
Total actions (including Appeals & Related Actions)
Cross Appeals	21	28	24	14	33
Cross Claims	208	217	174	171	160
NT Joinder of party applications	89	135	482	364	628
Totals	318	378	671	537	821

 

Current Cross Appeals & Cross Claims as at 30 June 2011

Appeals & Related Actions
Cross Appeals	33
Total Supplementary CoAs (excluding Appeals & Related Actions)
Cross Appeals (original jurisdiction)	4
Cross Claims	342
Total Supplementary CoAs (including Appeals & Related Actions)
Cross Appeals	37
Cross Claims	342
Totals	379

 

Figure 6.1 - Matters filed over the last five years

 

[Figure 6.1 – Matters filed over the last five years - text version]

	2006/07	2007/08	2008/09	2009/10	2010/11
Filings of Major CoAs (excluding Appeals & Related Actions)	3543	3074	2988	2951	4303
Filings of Appeals & Related Actions	1382	1354	874	695	638
TOTAL	4925	4428	3862	3646	4941

 

Figure 6.2 - Matters filed and finalised over the last five years

The number finalised refers to those matters finalised in the relevant financial year, regardless of when they were originally filed.

 

[Figure 6.2 – Matters filed and finalised over the last five years - text version]

	2006/07	2007/08	2008/09	2009/10	2010/11
Filed	4925	4428	3862	3646	4941
Finalised	5229	4737	4131	3533	4648

 

Figure 6.3 - Age and number of current matters at 30 June 2011

A total of 3056 matters remain current at 30 June 2011. There were 347 applications still current relating to periods before those shown in the graph. Over ninety-six per cent of cases prior to 2006 are native title matters.

 

[Figure 6.3 – Age and number of current matters at 30 June 2011 - text version]

Prior to 06	06/07	07/08	08/09	09/10	10/11
347	41	55	134	374	2105

 

Figure 6.4 - Time span to complete - Matters completed (excl. native title) over the last five years

A total of 21 903 matters were completed during the five year period ending 30 June 2011, excluding native title matters. The time span, from filing to disposition of these matters, is shown in the graph above.

 

[Figure 6.4 – Time span to complete – Matters completed (excl. native title) over the last five years - text version]

< 6 months	6-12 months	12-18 months	18-24 months	> 24 months
70.9%	13.8%	5.4%	2.9%	7.0%

 

 

Figure 6.5 - Time span to complete against the benchmark (excl. native title) over the last five years

The Court has a benchmark of eighty-five per cent of cases (excluding native title) being completed within eighteen months of commencement. The above chart sets out the Court's performance against this time goal over the last five years. The total number of matters (including appeals but excluding Native Title) completed for each of the last five years and the time span for completion are shown below.

 

[Figure 6.5 – Time span to complete against the benchmark (excl. native title) over the last five years - text version]

	06/07	07/08	08/09	09/10	10/11
Percentage completed	91.7%	90.4%	90.3%	87.8%	89.6%

 

Table 6.5 - Finalisation of major CoAs in accordance with 85% benchmark (including appeals and related actions and excluding native title matters)

Percentage completed	2006-07	2007-08	2008-09	2009-10	2010-11
Under 18 months	4722	4226	3653	3045	4089
% of Total	91.7%	90.4%	90.3%	87.8%	89.6%
Over 18 months	427	448	391	425	477
% of Total	8.3%	9.6%	9.7%	12.2%	10.4%
Total CoAs	5149	4674	4044	3470	4566

 

Figure 6.6 - Bankruptcy Act matters (excl. appeals) filed over the last five years

 

[Figure 6.6 – Bankruptcy Act matters (excl. appeals) filed over the last five years - text version]

06–07	07–08	08–09	09–10	10–11
223	201	148	127	144

 

 

Figure 6.6.1 - Current Bankruptcy matters (excl. appeals) by year of filing

A total of 72 Bankruptcy Act matters remain current as at 30 June 2011.

 

[Figure 6.6.1 – Current Bankruptcy matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
1	1	1	0	11	58

 

 

Figure 6.7 - Corporations Act matters (excl. appeals) filed over the last five years

 

[Figure 6.7 – Corporations Act matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
1903	1678	1636	1642	2797

 

Figure 6.7.1 - Current Corporations Act matters (excl. appeals) by year of filing

A total of 1011 Corporations Act matters remain current as at 30 June 2011.

 

[Figure 6.7.1 – Current Corporations Act matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
2	1	18	27	71	892

 

Figure 6.8 - Consumer Law matters (excl. competition law and appeals) filed over the last five years

 

[Figure 6.8 – Consumer Law matters (excl. competition law and appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
281	184	221	239	286

 

 

Figure 6.8.1 - Current Consumer Law matters (excl. competition law and appeals) by year of filing

A total of 295 Consumer Law matters remain current as at 30 June 2011.

 

[Figure 6.8.1 – Current Consumer Law matters (excl. competition law and appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
5	7	7	28	61	187

A total of 295 Consumer Law matters remain current as at 30 June 2011.

 

Figure 6.9 - Migration Act matters (excl. appeals) filed over the last five years

These figures include migration applications filed under the Judiciary Act, Administrative Decisions (Judicial Review) Act and Migration Act.

Since 1 December 2005, when the Migration Litigation Reform Act commenced, almost all first instance migration cases have been filed in the Federal Magistrates Court.

 

[Figure 6.9 – Migration Act matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
46	50	40	20	27

 

Figure 6.9.1 - Current Migration Act matters (excl. appeals) by year of filing

A total of 15 Migration Act matters remain current as at 30 June 2011.

 

[Figure 6.9.1 – Current Migration Act matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
0	0	0	0	1	14

 

Figure 6.10 - Admiralty Act matters (excl. appeals) filed over the last five years

 

[Figure 6.10 – Admiralty Act matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
56	40	69	54	50

 

 

Figure 6.10.1 - Current Admiralty matters (excl. appeals) by year of filing

A total of 43 Admiralty Act matters remain current as at 30 June 2011.

 

[Figure 6.10.1 – Current Admiralty matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
3	0	1	6	11	22

A total of 43 Admiralty Act matters remain current as at 30 June 2011.

 

 

Figure 6.11 - Native Title Act matters (excl. appeals) filed over the last five years

 

[Figure 6.11 – Native Title Act matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
50	27	37	33	73

 

 

Figure 6.11.1 - Current Native Title matters (excl. appeals) by year of filing

A total of 451 Native Title matters remain current as at 30 June 2011.

 

[Figure 6.11.1 – Current Native Title matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
332	18	7	20	19	55

 

Figure 6.12 - Workplace Relations/Fair Work matters (excl. appeals) filed over the last five years

 

[Figure 6.12 – Workplace Relations/Fair Work matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
161	111	157	161	151

 

Figure 6.12.1 - Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing

A total of 126 Workplace Relations/Fair Work cases remain current as at 30 June 2011.

 

[Figure 6.12.1 – Current Workplace Relations/Fair Work matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
0	0	3	10	24	89

 

Figure 6.13 - Taxation matters (excl. appeals) filed over the last five years

 

[Figure 6.13 – Taxation matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
264	241	128	171	235

 

Figure 6.13.1 - Current taxation matters (excl. appeals) by year of filing

A total of 238 taxation cases remain current as at 30 June 2011.

 

[Figure 6.13.1 – Current taxation matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
0	0	0	6	60	172

 

Figure 6.14 - Intellectual Property Matters (excl. appeals) filed over the last five years

 

[Figure 6.14 – Intellectual Property Matters (excl. appeals) filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
219	212	199	195	197

 

 

Figure 6.14.1 - Current Intellectual Property matters (excl. appeals) by year of filing

A total of 190 intellectual property cases remain current as at 30 June 2011.

 

[Figure 6.14.1 – Current Intellectual Property matters (excl. appeals) by year of filing - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
2	9	13	15	34	117

 

 

Figure 6.15 - Appeals and Related Actions filed over the last five years

 

[Figure 6.15 – Appeals and Related Actions filed over the last five years - text version]

06/07	07/08	08/09	09/10	10/11
1382	1354	874	695	638

 

 

Figure 6.15.1 - Current Appeals and Related Actions by date filed

A total of 324 Appeals and Related Actions remain current as at 30 June 2011.

 

[Figure 6.15.1 – Current Appeals and Related Actions by date filed - text version]

Pre 06/07	06/07	07/08	08/09	09/10	10/11
0	1	0	4	17	302

A total of 324 Appeals and Related Actions remain current as at 30 June 2011.

 

Figure 6.16 - Source of Appeals and Related Actions over the last five years

 

[Figure 6.16 – Source of Appeals and Related Actions over the last five years - text version]

	06/07	07/08	08/09	09/10	10/11
Federal Court	1107	1067	588	458	333
Federal Magistrates	257	269	274	230	298
Other Courts	17	18	11	6	7
TOTAL	1381	1354	873	694	638

 

 

Table 6.6 - Appeals and Related Actions

Source	2006-07		2007-08		2008-09		2009-10		2010-11
Federal Court	257	18.6%	269	19.9%	274	31.4%	230	33.1%	298	46.7%
Federal Magistrates Court	1107	80.2%	1067	78.8%	588	67.4%	458	66.0%	333	52.2%
Other Courts	17	1.2%	18	1.3%	11	1.3%	6	0.9%	7	1.1%
Total by Period	1381		1354		873		694		638