Part 1: Overview of the Federal Court of Australia
Federal Court of Australia Annual Report 2011-2012
Establishment
The Federal Court of Australia was created by the Federal Court of Australia Act 1976 and began to exercise its jurisdiction on 1 February 1977.
It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole jurisdiction of the Australian Industrial Court and the Federal Court of Bankruptcy.
The Court is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time.
Functions and powers
The Court's original jurisdiction is conferred by over 150 statutes of the Parliament. A list of these Acts appears in Appendix 5 on page 122.
The Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court and from the Federal Magistrates Court in non-family law matters. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island. The Court's jurisdiction is described more fully in Part 3.
Objectives
The objectives of the Court are to:
Decide disputes according to law - promptly, courteously and effectively and, in so doing, to interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil
the role of a court exercising the judicial power of the Commonwealth under the Constitution.
Provide an effective registry service to the community.
Manage the resources allotted by Parliament efficiently.
The Court's outcome and program structure
The Court's outcome and program structure appears in Part 4 on page 55.
This report uses the outcome and program structure to outline the Court's work and performance during 2011-2012. Part 3 reports on these issues in detail.
Judges of the Court
The Federal Court of Australia Act provides that the Court consists of a Chief Justice and other judges as appointed. The Chief Justice is the senior judge of the Court and is responsible for managing the business of the Court.
Judges of the Court are appointed by the Governor-General by commission and may not be removed except by the Governor-General on an address from both Houses of Parliament in the same session. All judges must retire at the age of seventy.
Judges, other than the Chief Justice, may hold more than one judicial office. Most judges hold other commissions and appointments.
At 30 June 2012 there were forty-four judges of the Court. They are listed below in order of seniority with details about any other commissions or appointments held on courts or tribunals. Of the forty-four judges, there were three whose work as members of other courts or tribunals occupied all, or most, of their time.
Judges of the Court (as at 30 June 2012)
Judge |
Location |
Other Commissions/Appointments |
---|---|---|
Chief Justice |
Brisbane
|
|
The Hon Peter Ross Awdry GRAY
|
Melbourne
|
Industrial Relations Court of Australia - Judge Administrative Appeals Tribunal - |
The Hon Terence John HIGGINS AO |
Canberra
|
Supreme Court of the ACT - Chief Justice |
The Hon Paul Desmond FINN |
Adelaide |
|
The Hon Shane Raymond MARSHALL |
Melbourne |
Industrial Relations Court of Australia - Judge |
The Hon Anthony Max NORTH |
Melbourne |
Industrial Relations Court of Australia - Judge |
The Hon John Ronald MANSFIELD AM |
Adelaide |
Supreme Court of the ACT - Additional Judge |
The Hon Arthur Robert EMMETT |
Sydney |
Copyright Tribunal - President |
The Hon John Alfred DOWSETT AM |
Brisbane |
Supreme Court of the ACT - Additional Judge |
The Hon Susan Coralie KENNY |
Melbourne |
Australian Law Reform Commission - Part-time Commissioner |
The Hon Peter Michael JACOBSON |
Sydney |
Supreme Court of Norfolk Island - Chief Justice |
The Hon Annabelle Claire BENNETT AO |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Bruce Thomas LANDER |
Adelaide |
Supreme Court of the ACT - Additional Judge |
The Hon Antony Nicholas SIOPIS |
Perth |
Administrative Appeals Tribunal - Presidential Member |
The Hon Richard Francis EDMONDS |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Andrew Peter GREENWOOD |
Brisbane |
Administrative Appeals Tribunal - Presidential Member |
The Hon Steven David RARES |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Berna COLLIER |
Brisbane |
Australian Law Reform Commission - Part-time Commissioner |
The Hon Dennis Antill COWDROY OAM |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Anthony James BESANKO |
Adelaide |
Supreme Court of the ACT - Additional Judge |
The Hon Christopher Neil JESSUP |
Melbourne |
|
The Hon Richard Ross Sinclair TRACEY RFD |
Melbourne |
Australian Defence Force - Judge Advocate General |
The Hon John Eric MIDDLETON |
Melbourne |
Australian Competition Tribunal - Part-time Deputy President |
The Hon Robert John BUCHANAN |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon John GILMOUR |
Perth |
|
The Hon Michelle Marjorie GORDON |
Melbourne |
|
The Hon John Alexander |
Brisbane |
Administrative Appeals Tribunal - Presidential Member |
The Hon Geoffrey Alan FLICK |
Sydney |
|
The Hon Neil Walter McKERRACHER |
Perth |
|
The Hon John Edward REEVES |
Brisbane |
Supreme Court of the NT - Additional Judge |
The Hon Nye PERRAM |
Sydney |
Copyright Tribunal - Deputy President |
The Hon Jayne Margaret JAGOT |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Lindsay Graeme FOSTER |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Michael Laurence BARKER |
Perth |
Administrative Appeals Tribunal - Presidential Member |
The Hon John Victor NICHOLAS |
Sydney |
|
The Hon David Markey YATES |
Sydney |
|
The Hon Mordecai BROMBERG |
Melbourne |
|
The Hon Julie Anne DODDS-STREETON |
Melbourne |
|
The Hon Anna Judith KATZMANN |
Sydney |
Supreme Court of the ACT - Additional Judge |
The Hon Alan ROBERTSON |
Sydney |
|
The Hon Bernard MURPHY |
Melbourne |
|
The Hon Iain James Kerr ROSS AO |
Melbourne |
Fair Work Australia - President |
The Hon John Edward GRIFFITHS |
Sydney |
|
The Hon Duncan James Colquhoun KERR |
Hobart |
Administrative Appeals Tribunal - President |
The Chief Justice was absent on the following dates during the year. Acting Chief Justice arrangements during these periods were as follows:
1-10 July 2011 The Hon Justice North
28-30 September 2011 The Hon Justice Gray
22-30 October 2011 The Hon Justice Gray
28 December 2011-29 January 2012 The Hon Justice Gray
26 May-30 June 2012 The Hon Justice Finn
Most of the judges of the Court devote some time to other courts and tribunals on which they hold commissions or appointments. Judges of the Court also spend a lot of time on activities related to legal education and the justice system. More information about these activities is set out in Part 3 and Appendix 9.
Appointments and retirements during 2011-12
During the year three judges were appointed to the Court:
- The Honourable Justice Iain James Kerr Ross (resident in Melbourne) was appointed on 1 March 2012.
- The Honourable Justice John Edward Griffiths (resident in Sydney) was appointed on 23 April 2012.
- The Honourable Justice Duncan James Colquhoun Kerr (resident in Hobart) was appointed on 10 May 2012.
During the year five judges retired from the Court:
- The Honourable Justice Raymond Finkelstein resigned his commission as a judge of the Court with effect from 1 July 2011.
- The Honourable Justice Michael Moore resigned his commission as a judge of the Court with effect from 31 July 2011.
- The Honourable Justice Geoffrey Giudice AO resigned his commission as a judge of the Court with effect from 28 February 2012.
- The Honourable Justice Margaret Stone retired upon reaching the compulsory retirement age for federal judges on 22 March 2012.
- The Honourable Justice Garry Keith Downes AM resigned his commission as a judge of the Court with effect from 15 May 2012.
Other appointments, resignations and retirements during the year included:
- Chief Justice Keane was awarded, by the University of Queensland, the citation of Award of Doctor of Laws honoris causa on 8 December 2011.
- Justice Finkelstein resigned his commission as part-time President of the Australian Competition Tribunal, with effect from 1 July 2011.
- Justice Moore resigned his commissions as a judge of the Industrial Relations Court of Australia and as an Additional Judge of the Supreme Court of the Australian Capital Territory, with effect from 31 July 2011.
- Justice Mansfield was appointed as part-time President of the Australian Competition Tribunal for a period of three months, with effect from 11 July 2011. The appointment was transmuted to a period of five years, with effect from 11 October 2011.
- Justice Foster was re-appointed as a part-time Deputy President of the Australian Competition Tribunal for a period of three months, with effect from 8 October 2011.
- Justice Mansfield was appointed as Aboriginal Land Commissioner on a part-time basis, from 23 November 2011 to 28 December 2013.
- Justice Cowdroy was appointed as a member of the Defence Force Discipline Appeal Tribunal until he attains the compulsory retirement age for federal judges, with effect from 1 September 2011.
- Justice Logan was appointed as a member of the Defence Force Discipline Appeal Tribunal for a period of five years, with effect from 1 September 2011.
- Justice Giudice resigned his commission as President of Fair Work Australia, with effect from 28 February 2012.
- Justice Ross was appointed President of Fair Work Australia with effect from 1 March 2012.
- Justice Foster was re-appointed as a part-time Deputy President of the Australian Competition Tribunal for a period of three months, with effect from 8 March 2012. The appointment was transmuted to a period of five years with effect from 8 June 2012.
- Justice Stone resigned her commission as an Additional Judge of the Supreme Court of the Australian Capital Territory, with effect from 22 March 2012.
- Justice Downes resigned his commissions as a judge of the Supreme Court of Norfolk Island and as President of the Administrative Appeals Tribunal, with effect from 15 May 2012.
- Justice Kerr was appointed as President of the Administrative Appeals Tribunal for a period of five years, with effect from 16 May 2012.
- Justice Perram was re-appointed Deputy President of the Copyright Tribunal for a period of three years, with effect from 8 June 2012.
- Justices Collier and Logan were appointed to the office of a judge of the Supreme and National Courts of Justice of Papua and New Guinea for a period of three years, with effect from 27 September 2011.
- Justice Dowsett was appointed a Member of the Order of Australia in the 2012 Queen's Birthday Honours list.
Federal Court registries
Registrar
Mr Warwick Soden is the Registrar of the Court. The Registrar is appointed by the Governor-General on the nomination of the Chief Justice. The Registrar has the same powers as the Head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Court employed under the Public Service Act 1999 (section 18Q of the Federal Court of Australia Act).
Principal and District Registries
The Principal Registry of the Court, located in Sydney, is responsible for the overall administrative policies and functions of the Court's registries and provides policy advice, human resources, financial management, information technology support, library services, property management and support to the judges' committees.
There is a District Registry of the Court in each capital city. The District Registries provide operational support to the judges in each state, as well as registry services to legal practitioners and members of the public. The registries receive court and related documents, assist with the arrangement of court sittings and facilitate the enforcement of orders made by the Court.
The Registry of the Copyright Tribunal is located in the New South Wales District Registry. The Victorian Registry is the Principal Registry for the Defence Force Discipline Appeal Tribunal. The South Australia Registry is the Principal Registry for the Australian Competition Tribunal. Most other District Registries are also registries for these two Tribunals. The Queensland, South Australia, Western Australia and Northern Territory District Registries are registries for the High Court. The Tasmania District Registry provides registry services for the Administrative Appeals Tribunal.
The registries of the Court are also registries for the Federal Magistrates Court in relation to non-family law matters.
More information on the management of the Court is outlined in Part 4.
Officers of the Court
Officers of the Court are appointed by the Registrar under section 18N of the Federal Court of Australia Act and are:
(a) a District Registrar for each District Registry
(b) Deputy Registrars and Deputy District Registrars
(c) a Sheriff and Deputy Sheriffs
(d) Marshals under the Admiralty Act 1988.
The registrars must take an oath or make an affirmation of office before undertaking their duties (section 18Y of the Federal Court of Australia Act). Registrars perform statutory functions assigned to them by the Federal Court of Australia Act, Federal Court Rules, Federal Court Bankruptcy Rules and the Federal Court (Corporations) Rules 2000. These include issuing process, taxing costs and settling appeal indexes. They also exercise various powers delegated by judges under the Bankruptcy Act 1966, Corporations Act 2001 and Native Title Act 1993. A number of staff in each registry also perform functions and exercise delegated powers under the Federal Magistrates Act 1999. Appendix 4 on page 119 lists the registrars of the Court.
Staff of the Court
The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs and Marshals) are appointed or employed under the Public Service Act. On 30 June 2012 there were 359 staff employed under the Public Service Act. Generally, judges have two personal staff members. More details on Court staff are set out in Part 4 and Appendix 10.