Program 1.1: Federal Court of Australia
The Federal Court of Australia was created by the Federal Court of Australia Act 1976 (Cth) 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 Federal Court of Australia 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. The Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law, and some summary and indictable criminal matters.
The Court’s workload is organised by National Practice Areas and, where applicable, sub-areas based on established areas of law.
The Chief Justice is the senior judge of the Court and is responsible for managing the administrative affairs of the Court. The Chief Justice is assisted by the CEO and Principal Registrar, who is appointed by the Governor-General on the nomination of the Chief Justice.
The Federal Court of Australia has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court, decisions of the FCFCOA (Division 2) in non-family law matters, decisions of the Supreme Court of Norfolk Island and certain decisions of state and territory supreme courts exercising federal jurisdiction.
Since July 2012, the Federal Court of Australia has had responsibility for corporate administration of the Native Title Tribunal, however the Tribunal remains an independent body established under the Native Title Act 1993 (Cth).
Performance and key activities
The key outcome measures for the Federal Court of Australia are contained in Outcome One of the Portfolio Budget Statements.
Purpose
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, to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution.
Outcome
Apply and uphold the rule of law for litigants in the Federal Court of Australia and parties in the National Native Title Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and Tribunal.
Guiding principles
- Deliver efficient and just dispute resolution.
- Improve access to justice.
- Contribute to the Australian legal system — strengthen relationships with court users.
- Build public trust and confidence.
Key activities
For 2024–25 (and the outlook period through to 2028), the Listed Entity will provide support for the Federal Court of Australia to progress the following key activities:
Table 2. Program 1.1 key activities, 2024–25 to 2027–28.
Key activities | 2024–25 | 2025–26 | 2026–27 | 2027–28 |
|---|---|---|---|---|
Exercise the jurisdiction of the Federal Court of Australia and support the operations of the National Native Title Tribunal. | x | x | x | x |
Increase mediation and case management support for judges through the implementation of a national arrangement for registrars. | x | x | x | x |
Align judicial registrars to directly support National Practice Area (NPA) coordinating judges in the management of each NPA, and judges within each NPA generally. | x | x | x | x |
Further develop and refine the best practice model that forms the basis for online hearings conducted by a suitable platform. | x | x | x | x |
2024–25 significant initiatives
- Commence phase three of the Digital Court Program (CourtPath) – Casetrack replacement.
- Pilot a new National General Protections List to allow the initial case management of proceedings filed under the general protections provisions of Chapter 3 Part 3-1 of the Fair Work Act 2009 (Cth) to generally be undertaken by Registrars of the Court.
- Develop and deliver seminars, lectures, and training to improve access to justice, education on new services and other topics of relevance.
- Commence a project to digitise native title records held by the Court and the National Native Title Tribunal.
- Implement improved registrar and legal support arrangements to ensure direct and greater engagement and interaction with judges, staff, and the legal profession.
- Continue to extend the National Court Framework to ensure national allocation of registrar work and dedicated registrars to assist self-represented litigants.
- Continue to collaborate and build on international relations work to deliver project management, technical expertise, and judicial education, particularly in the Asia and Pacific region.
Performance measurement
The key outcome measure for the Federal Court is contained in the Portfolio Budget Statements. Across its jurisdiction, the Court will apply and uphold the rule of law for litigants in the Federal Court and parties in the Native Title Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and the Native Title Tribunal.
The Court maintains two (time) goals to measure the performance of its work. All strategies, priorities and key activities are designed to support the achievement of these performance goals. Performance against these goals is reported in the Listed Entity annual report and in the Annual Performance Statement, also published in the annual report.
Performance measureGoal 1 – Timely completion of cases: 85% of cases to be completed within 18 months of commencement. |
Planned performance result2024–25 – 85% of cases to be completed within 18 months of commencement. 2025–26 – 85% of cases to be completed within 18 months of commencement. 2026–27 – 85% of cases to be completed within 18 months of commencement. 2027–28 – 85% of cases to be completed within 18 months of commencement. |
RationaleThis measures the conduct of proceedings through the Federal Court and ensures the timely and efficient administration of justice. |
Methodology/sourceThis target will be measured by reference to the date of each application and the date of the final judgment, sourced from Casetrack. |
Performance measureGoal 2 – Timely completion of cases: Judgments to be delivered within three months. |
Planned performance result2024–25 – Judgments to be delivered within three months. 2025–26 – Judgments to be delivered within three months. 2026–27 – Judgments to be delivered within three months. 2027–28 – Judgments to be delivered within three months. |
RationaleThis reflects the timely and efficient administration of justice in a proceeding after the final hearing and/or final submissions of the parties. |
Methodology/sourceThis target will be measured by reference to the last day of hearing or final submissions from the parties to the publication of the judgment, sourced from Casetrack. |
Measures of success
- Ongoing delivery of new releases and improvements to the Digital Court Program (CourtPath) and progress towards a single case management system for the Courts.
- Improved consistency and efficiency in the case management of general protections proceedings.
- Expanded use of video conferencing and internet streaming to reduce barriers to access hearings for parties, witnesses, journalists, and members of the public.
- Increased mediation and case management support work for judges.
- Registrar resources utilised more effectively on a national basis to address workload demands.
- Improved facilities to accommodate remote hearings, enabling judges, witnesses, and parties to be linked in to matters being heard in other locations, thus minimising travel expenses, improving access to justice and freeing up courtrooms for other hearings.
- Established user groups for each NPA and improved liaison with the profession.
- Continued ongoing support for judges through judicial education.
