Part 1: Overview of the Federal Court of Australia
Federal Court of Australia Annual Report 2015-2016
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.
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 jurisdiction is broad, covering almost all civil matters arising under Australian Federal Law and some summary and indictable criminal matters.
Central to the Court's civil jurisdiction is s 39B(1A)(c) of the Judiciary Act 1903. This jurisdiction includes cases created by a federal statute, and extends to matters in which a federal issue is properly raised as part of a claim or of a defence and to matters where the subject matter in dispute owes its existence to a federal state.
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 52.
This report uses the outcome and programme structure to outline the Court's work and performance during 2015–16. 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 2016 there were 48 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-eight 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 2016)
| Judge | Location | Other Commissions/Appointments |
|---|---|---|
| Chief Justice The Hon James Leslie Bain ALLSOP AO | Sydney | |
| 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 Supreme Court of the Republic of Vanuatu – 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 – Deputy President |
| The Hon Antony Nicholas SIOPIS | Perth | Administrative Appeals Tribunal – Deputy President |
| The Hon Andrew Peter GREENWOOD | Brisbane | Administrative Appeals Tribunal – Deputy President Copyright Tribunal – President |
| The Hon Steven David RARES | Sydney | Supreme Court of the ACT – Additional Judge |
| The Hon Berna Joan COLLIER | Brisbane | Supreme and National Courts of Papua New Guinea – Judge Administrative Appeals Tribunal – Deputy President Supreme Court of ACT – Additional Judge |
| The Hon Anthony James BESANKO | Adelaide | Supreme Court of the ACT – Additional Judge Supreme Court of Norfolk Island – Chief Justice |
| 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 – Deputy President Administrative Appeals Tribunal – Deputy President 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 Norfolk Island – Judge |
| The Hon John Alexander LOGAN RFD | Brisbane | Administrative Appeals Tribunal – Deputy President Defence Force Discipline Appeal Tribunal – Deputy President Supreme and National Courts 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 – Deputy President |
| The Hon Jayne Margaret JAGOT | Sydney | Supreme Court of the ACT – Additional Judge Administrative Appeals Tribunal – Deputy President 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 – Deputy President |
| 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 | Administrative Appeals Tribunal – Deputy President |
| The Hon Bernard Michael MURPHY | Melbourne | |
| The Hon Iain James Kerr ROSS AO | Melbourne | Fair Work Australia – President Supreme Court of the ACT – Additional Judge |
| 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 | Australian Competition Tribunal – Part-time Deputy President |
| The Hon Tony PAGONE | Melbourne | Administrative Appeals Tribunal – Deputy President |
| The Hon Jennifer DAVIES | Melbourne | Administrative Appeals Tribunal – Deputy President |
| The Hon Debra Sue MORTIMER | Melbourne | |
| The Hon Darryl Cameron RANGIAH | Brisbane | Supreme Court of the ACT – Additional Judge |
| The Hon Richard Conway WHITE | Adelaide | Administrative Appeals Tribunal – Deputy President |
| 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 Barry Rashleigh BEACH | Melbourne | |
| The Hon James Joshua EDELMAN | Brisbane | |
| The Hon Brigitte Sandra MARKOVIC | Sydney | |
| The Hon Mark Kranz MOSHINSKY | Melbourne | |
| The Hon Robert James BROMWICH | Sydney | |
| The Hon Natalie CHARLESWORTH | Adelaide | |
| The Hon Stephen Carey George BURLEY | Sydney |
The Chief Justice was absent on the following dates during the year. Acting Chief Justice arrangements during these periods were as follows:
- 29 June 2015 – 5 July 2015 The Hon Justice Mansfield
- 6 July 2015 – 7 July 2015 The Hon Justice North
- 10 October 2015 – 23 October 2015 The Hon Justice Mansfield
- 1 December 2015 – 6 December 2015 The Hon Justice North
- 6 March 2016 – 9 March 2016 The Hon Justice North
- 2 May 2016 – 12 May 2016 The Hon Justice North
- 14 June 2016 – 16 June 2016 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 2015-16
During the year, five judges were appointed to the Court:
The Honourable Justice Brigitte Sandra Markovic (resident in Sydney) was appointed on 24 August 2015.
The Honourable Justice Mark Kranz Moshinsky (resident in Melbourne) was appointed on 2 November 2015.
The Honourable Justice Robert James Bromwich (resident in Sydney) was appointed on 29 February 2016.
The Honourable Justice Natalie Charlesworth (resident in Adelaide) was appointed on 1 March 2016.
The Honourable Justice Stephen Carey George Burley (resident in Sydney) was appointed on 23 May 2016.
During the year, three judges retired or resigned from the Court:
The Honourable Justice Shane Raymond Marshall resigned his commission as a judge of the Court with effect from 21 November 2015.
The Honourable Justice Richard Francis Edmonds retired upon reaching the compulsory retirement age for federal judges on 10 February 2016.
The Honourable Justice Annabelle Claire Bennett AO resigned her commission as a judge of the Court with effect from 23 March 2016.
Other appointments, awards, resignations and retirements during the year include:
- Justice Logan was appointed Deputy President of the Defence Force Discipline Appeal Tribunal on 20 August 2015.
- Justices Collier, Davies and Robertson were appointed Deputy Presidents of the Administrative Appeals Tribunal on 12 November 2015.
- Justices Barker, Greenwood, Jagot, Logan, Middleton and Siopis were appointed Deputy Presidents of the Administrative Appeals Tribunal on 24 November 2015.
- Justice Greenwood was appointed President of the Copyright Tribunal on 29 March 2016.
- Justice Kenny was reappointed to the Administrative Appeals Tribunal as Acting President, when required, from 2 May 2016 – 23 November 2020.
- Justice Collier was appointed as a judge to the Supreme Court of the Australian Capital Territory on 3 May 2016.
Federal Court Registries
Registrar
Mr Warwick Soden OAM 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. The National Operations Registrar, located in Melbourne, is responsible for the implementation of the National Court Framework and its ongoing functions.
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 2016 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 138 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 2016 there were 387 staff employed under the Public Service Act.Generally, judges have two personal staff members.More details on court staff is set out in Part 4 and Appendix 9.
