Part 1: Overview of the Federal Court of Australia
Federal Court of Australia Annual Report 2013-2014
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.
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.
Functions and powers
The Court's original jurisdiction is conferred by over 150 statutes of the Parliament. A list of these Acts is available in the jurisdiction section of the Court's website www.fedcourt.gov.au.
The Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court and from the Federal Circuit 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.
The Court's outcome and programme structure
The Court's outcome and programme structure appears in Part 4 on page 48.
This report uses the outcome and programme structure to outline the Court's work and performance during 2013-14. 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 2014 there were forty-seven 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-seven judges, there were two whose work as members of other courts or tribunals occupied all, or most, of their time.
Judges of the Court (as at 30 June 2014)
| Judge | Location | Other Commissions/Appointments |
|---|---|---|
| Chief Justice The Hon James Leslie Bain ALLSOP AO | Sydney | |
| The Hon Shane Raymond MARSHALL | Melbourne | Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge |
| The Hon Anthony Max NORTH | Melbourne | Industrial Relations Court of Australia – Judge Supreme Court of the ACT – Additional Judge |
| The Hon John Ronald MANSFIELD AM | Adelaide | Supreme Court of the ACT – Additional Judge Supreme Court of the NT – Additional Judge Australian Competition Tribunal – Part-time President Administrative Appeals Tribunal – Presidential Member Aboriginal Land Commissioner – Part-time |
| The Hon John Alfred DOWSETT AM | Brisbane | Supreme Court of the ACT – Additional Judge |
| The Hon Susan Coralie KENNY | Melbourne | Administrative Appeals Tribunal – Presidential Member |
| The Hon Peter Michael JACOBSON | Sydney | Supreme Court of Norfolk Island – Chief Justice Australian Competition Tribunal – Part-time Deputy President |
| The Hon Annabelle Claire BENNETT AO | Sydney | Supreme Court of the ACT – Additional Judge Administrative Appeals Tribunal – Presidential Member Copyright Tribunal – President |
| The Hon Antony Nicholas SIOPIS | Perth | Administrative Appeals Tribunal – Presidential Member |
| The Hon Richard Francis EDMONDS | Sydney | Supreme Court of the ACT – Additional Judge Administrative Appeals Tribunal – Presidential Member |
| 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 Supreme and National Courts of Justice of Papua New Guinea – Judge |
| The Hon Anthony James BESANKO | Adelaide | Supreme Court of the ACT – Additional Judge Supreme Court of Norfolk Island – Judge |
| The Hon Christopher Neil JESSUP | Melbourne | |
| The Hon Richard Ross Sinclair TRACEY AM RFD | Melbourne | Australian Defence Force – Judge Advocate General Defence Force Discipline Appeal Tribunal – President |
| The Hon John Eric MIDDLETON | Melbourne | Australian Competition Tribunal – Part-time Deputy President Administrative Appeals Tribunal – Presidential Member Australian Law Reform Commission – Part-time Commissioner |
| The Hon Robert John BUCHANAN | Sydney | Supreme Court of the ACT – Additional Judge Supreme Court of Norfolk Island – Judge |
| The Hon John GILMOUR | Perth | Supreme Court of the ACT – Additional Judge |
| The Hon Michelle Marjorie GORDON | Melbourne | |
| The Hon John Alexander LOGAN RFD | Brisbane | Administrative Appeals Tribunal – Presidential Member Defence Force Discipline Appeal Tribunal – Member Supreme and National Courts of Justice of Papua New Guinea – Judge |
| 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 Australian Law Reform Commission – Part-time Commissioner Administrative Appeals Tribunal – Presidential Member |
| The Hon Jayne Margaret JAGOT | Sydney | Supreme Court of the ACT – Additional Judge Administrative Appeals Tribunal – Presidential Member Copyright Tribunal – Deputy President |
| The Hon Lindsay Graeme FOSTER | Sydney | Supreme Court of the ACT – Additional Judge Australian Competition Tribunal – Part-time Deputy President |
| 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 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 Chev LH | Hobart | Administrative Appeals Tribunal – President |
| The Hon Lucy Kathleen FARRELL | Sydney | |
| The Hon Tony PAGONE | Melbourne | |
| The Hon Jennifer DAVIES | Melbourne | |
| The Hon Debra Sue MORTIMER | Melbourne | |
| The Hon Darryl Cameron RANGIAH | Brisbane | |
| The Hon Richard Conway WHITE | Adelaide | |
| The Hon Michael Andrew WIGNEY | Sydney | Supreme Court of the ACT – Additional Judge |
| The Hon Melissa Anne PERRY | Sydney | Supreme Court of the ACT – Additional Judge |
| The Hon Jacqueline Sarah GLEESON | Sydney | |
| The Hon Jonathan BEACH | Melbourne |
The Chief Justice was absent on the following dates during the year. Acting Chief Justice arrangements during these periods were as follows:
- 22 December 2013 - 26 January 2014 The Hon Justice Marshall
- 15-21 April 2014 The Hon Justice North
- 17-30 May 2014 The Hon Justice Marshall
- 23-27 June 2014 The Hon Justice North
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 8.
Appointments and retirements during 2013-14 #
During the year eight judges were appointed to the Court:
The Honourable Justice Jennifer Davies
(resident in Melbourne) was appointed on 4 July 2013.
The Honourable Justice Debra Mortimer
(resident in Melbourne) was appointed on 12 July 2013.
The Honourable Justice Darryl Rangiah
(resident in Brisbane) was appointed on 13 August 2013.
The Honourable Justice Richard White
(resident in Adelaide) was appointed on 31 August 2013.
The Honourable Justice Michael Wigney
(resident in Sydney) was appointed on 9 September 2013.
The Honourable Justice Melissa Perry
(resident in Sydney) was appointed on 23 September 2013.
The Honourable Justice Jacqueline Gleeson
(resident in Sydney) was appointed on 15 April 2014.
The Honourable Justice Jonathan Beach
(resident in Melbourne) was appointed on 30 June 2014.
During the year four judges retired from the Court:
The Honourable Justice Bruce Thomas Lander
resigned his commission as a judge of the Court with effect from 31 August 2013.
The Honourable Justice Terence John Higgins
retired upon reaching the compulsory retirement age for federal judges on 12 September 2013.
The Honourable Justice Dennis Antill Cowdroy
retired upon reaching the compulsory retirement age for federal judges on 15 March 2014.
The Honourable Justice Julie Anne Dodds-Streeton
resigned her commission as a judge of the Court with effect from 1 April 2014.
Other appointments, awards, resignations and retirements during the year included:
Justice Perram was appointed a Presidential Member of the Administrative Appeals Tribunal
on 2 July 2013.
Justice Bennett was appointed President of the Copyright Tribunal of Australia for a period of three years with effect from 25 July 2013.
Justice Besanko was appointed a Judge of the Supreme Court of Norfolk Island with effect
from 5 August 2013.
Justice Wigney was appointed an Additional Judge of the Supreme Court of the Australian Capital Territory with effect from 9 December 2013.
Justice Tracey was made a Member of the Order of Australia (AM) in the Australia Day Honours Awards.
Justice Perry was appointed an Additional Judge of the Supreme Court of the Australian Capital Territory with effect from 14 May 2014.
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 Circuit 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 2011, Federal Court (Bankruptcy) Rules 2005 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 Circuit Court of Australia Act 1999. Appendix 4 on page 134 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 2014 there were 472 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 9.
Erratum
# The above list has been updated to correct an error in the printed version of the Annual Report. Justice Wigney was accidentally omitted from the list of judges appointed to the Court during the reporting period.
