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 5 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

Figure 6.2 Matters filed & finalised over last 5 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

Figure 6.3 Age & 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

Figure 6.4 Time span to complete - Matters completed (excl. native title) over last 5 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

Figure 6.5 Time span to complete against the benchmark (excl. native title) over the last 5 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 5 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

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 5 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

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 5 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

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

Figure 6.9 Migration Act matters (excl. appeals) filed over the last 5 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

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 5 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

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 5 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

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 5 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

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 5 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

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 5 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

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 5 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

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 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  

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