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
MelbourneIndustrial 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
PerthAdministrative Appeals Tribunal – Deputy President
The Hon Andrew Peter
GREENWOOD
BrisbaneAdministrative Appeals Tribunal – Deputy President

Copyright Tribunal – President
The Hon Steven David
RARES
SydneySupreme Court of the ACT – Additional Judge
The Hon Berna Joan
COLLIER
BrisbaneSupreme and National Courts of Papua New Guinea
– Judge

Administrative Appeals Tribunal – Deputy President

Supreme Court of ACT – Additional Judge
The Hon Anthony James
BESANKO
AdelaideSupreme 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
MelbourneAustralian Defence Force – Judge Advocate General

Defence Force Discipline Appeal Tribunal – President
The Hon John Eric
MIDDLETON
MelbourneAustralian Competition Tribunal – Deputy President

Administrative Appeals Tribunal – Deputy President

Australian Law Reform Commission – Part-time Commissioner
The Hon Robert John
BUCHANAN
SydneySupreme Court of the ACT – Additional Judge

Supreme Court of Norfolk Island – Judge
The Hon John
GILMOUR
PerthSupreme Court of Norfolk Island – Judge
The Hon John Alexander
LOGAN RFD
BrisbaneAdministrative 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
BrisbaneSupreme Court of the NT – Additional Judge
The Hon Nye
PERRAM
SydneyCopyright Tribunal – Deputy President

Australian Law Reform Commission – Part-time Commissioner

Administrative Appeals Tribunal – Deputy President
The Hon Jayne Margaret
JAGOT
SydneySupreme Court of the ACT – Additional Judge

Administrative Appeals Tribunal – Deputy President

Copyright Tribunal – Deputy President
The Hon Lindsay Graeme
FOSTER
SydneySupreme Court of the ACT – Additional Judge

Australian Competition Tribunal – Part-time Deputy President
The Hon Michael Laurence
BARKER
PerthAdministrative 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
SydneySupreme Court of the ACT – Additional Judge
The Hon Alan
ROBERTSON
SydneyAdministrative Appeals Tribunal – Deputy President
The Hon Bernard Michael
MURPHY
Melbourne 
The Hon Iain James Kerr
ROSS AO
MelbourneFair Work Australia – President

Supreme Court of the ACT – Additional Judge
The Hon John Edward
GRIFFITHS
Sydney 
The Hon Duncan James Colquhoun
KERR Chev LH
HobartAdministrative Appeals Tribunal – President
The Hon Lucy Kathleen
FARRELL
SydneyAustralian Competition Tribunal – Part-time Deputy President
The Hon Tony
PAGONE
MelbourneAdministrative Appeals Tribunal – Deputy President
The Hon Jennifer
DAVIES
MelbourneAdministrative Appeals Tribunal – Deputy President
The Hon Debra Sue
MORTIMER
Melbourne 
The Hon Darryl Cameron
RANGIAH
BrisbaneSupreme Court of the ACT – Additional Judge
The Hon Richard Conway
WHITE
AdelaideAdministrative Appeals Tribunal – Deputy President
The Hon Michael Andrew
WIGNEY
SydneySupreme Court of the ACT – Additional Judge
The Hon Melissa Anne
PERRY
SydneySupreme 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.

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