Appendix 5: Workload Statistics

Federal Court of Australia Annual Report 2016-2017

The statistics in this appendix provide comparative historical information on the work of the Court, including in certain areas of the Court’s jurisdiction.

When considering the statistics it is important to note that matters vary according to the nature and complexity of the issues in dispute.

It should also be noted that the figures reported in this report may differ from figures reported in previous years. The variations have occurred through refinements or enhancements to the Casetrack database which necessitated the checking or verification and possible variation of data previously entered.

Casetrack records matters in the Court classified according to 16 main categories, described as ‘causes of action’ (CoA). The classification of matters in this way causes an under representation of the workload as it does not include filings of supplementary CoAs (cross appeals and cross claims), interlocutory applications or Native Title joinder of party applications.

 

In 2007–08 the Court started to count and report on interlocutory applications (including interim applications and notices of motion) in appellate proceedings in order to provide the most accurate possible picture of the Court’s appellate workload. From 2008–09 the Court has counted all forms of this additional workload in both its original and appellate jurisdictions.

Table A5.4 on page 141 provides a breakdown of these matters. At this stage it is not possible to obtain information about finalisations of interlocutory applications (because they are recorded in the Court’s case management system as a document filed rather than a specific CoA). Because of this, detailed reporting of these matters has been restricted to the information about appeals in Part 3 and Table A5.4.

In 2015, the National Court Framework reforms were introduced. The Court began reporting on matters by seven main National Practice Areas (NPAs) last financial year. A further two NPAs were introduced during 2016–17. This information can be found in Figure A5.9 onwards.

Table A5.1: Summary of workload statistics – original and appellate jurisdictions – filings of major CoAs (including appellate and related actions)

Cause of Action 2012–13 2013–14 2014–15 2015–16 2016–17
Total CoAs (including appeals and related actions)
Filed 5803 5009 4355 6001 5695
Finalised 5513 5564 3886 5832 5627
Current 3022 2467 2936 3105 3173
Corporations (including appeals and related actions)
Filed 3897 2905 2210 3687 3216
Finalised 3499 3390 1859 3488 3377
Current 1041 556 907 1106 945
Bankruptcy (including appeals and related actions)
Filed 216 281 260 292 348
Finalised 212 257 249 264 327
Current 110 134 145 173 194
Native Title (including appeals and related actions)
Filed 61 58 64 65 70
Finalised 82 110 75 135 93
Current 465 413 402 332 309
Total CoAs (including appeals and related actions excluding Corporations, Bankruptcy and Native Title)
Filed 1629 1765 1821 1957 2061
Finalised 1720 1807 1703 1945 1830
Current 1406 1364 1482 1494 1725

 

Table A5.2: Summary of workload statistics – excluding appeals and related actions – filings of major CoAs (excluding appeals and related actions)

Cause of Action 2012–13 2013–14 2014–15 2015–16 2016–17
Total CoAs (excluding appeals and related actions)
Filed 5169 4281 3445 5008 4650
Finalised 4884 4876 3138 4883 4742
Current 2729 2134 2441 2566 2474
Corporations (excluding appeals and related actions)
Filed 3849 2876 2185 3652 3194
Finalised 3459 3351 1837 3462 3351
Current 1015 540 888 1078 921
Bankruptcy (excluding appeals and related actions)
Filed 174 219 205 231 286
Finalised 163 198 186 218 269
Current 83 104 123 136 153
Native Title (excluding appeals and related actions)
Filed 50 44 55 58 53
Finalised 75 100 68 123 82
Current 458 402 389 324 295
Total CoAs (excluding appeals and related actions and excluding bankruptcy and native title)
Filed 1096 1142 1000 1067 1117
Finalised 1187 1227 1047 1080 1040
Current 1173 1088 1041 1028 1105

 

Table A5.3: Summary of workload statistics – appeals and related actions only – filings of appeals and related actions

Cause of Action 2012–13 2013–14 2014–15 2015–16 2016–17
Total appeals and related actions
Filed 634 728 910 993 1045
Finalised 629 688 748 949 885
Current 293 333 495 539 699
Corporations appeals and related actions
Filed 48 29 25 35 22
Finalised 40 39 22 26 26
Current 26 16 19 28 24
Migration appeals and related actions
Filed 278 370 648 653 763
Finalised 255 356 463 681 584
Current 108 122 307 279 458
Native Title appeals and related actions
Filed 11 14 9 7 17
Finalised 7 10 7 12 11
Current 7 11 13 8 14
Total appeals and related actions (excluding Corporations, Migration and Native Title appeals and related actions)
Filed 297 315 228 298 243
Finalised 327 283 256 230 264
Current 152 184 156 224 203

 

Table A5.4: Summary of supplementary workload statistics – filings of supplementary causes of action

  2012–13 2013–14 2014–15 2015–16 2016–17
Total CoAs (excluding appeals and related actions)
Cross appeals (original jurisdiction) 0 0 0 0 0
Cross claims 165 177 134 135 147
Interlocutory applications 1673 1541 1513 1530 1502
Native Title (NT) Joinder of party applications 628 405 982 781 346
Appeals and related actions
Cross appeals 16 25 25 19 20
Interlocutory applications 138 135 172 192 219
Total actions (including appeals and related actions)
Cross appeals 16 25 25 19 20
Cross Claims 165 177 134 135 147
Interlocutory applications 1811 1676 1685 1722 1721
Native Title (NT) Joinder of party applications 628 405 982 781 346
Totals 1992 1878 1844 1876 1888

 

Figure A5.1: Matters filed over the last five years

Figure A5.1

 

Figure A5.2: Matters filed and finalised over the last five years

Figure A5.2 

The number finalised refers to those matters finalised in the relevant financial year, regardless of when they were originally filed.

 

Figure A5.3: Age and number of current matters at 30 June 2017

Figure A5.3

A total of 3173 matters remain current at 30 June 2017. There were 189 applications still current relating to periods before 2012-13. Six per cent of cases prior to 2012-13 are native title matters.

 

Figure A5.4: Time span to complete – matters completed (excluding native title) over the last five years

Figure A5.4

A total of 25,974 matters were completed during the five-year period ending 30 June 2017, excluding native title matters. The time span, from filing to disposition of these matters, is shown in Figure A5.4 above.

 

Figure A5.5: Time span to complete against the 85% benchmark (excluding native title) over the last five years

Figure A5.5

The Court has a benchmark of 85 per cent of cases (excluding native title) being completed within 18 months of commencement. Figure A5.5 sets out the Court’s performance against this time goal over the last five years. The total number of matters (including appeals but excluding Native Title) completed for each of the last five years and the time spans for completion are shown in Table A5.5.

 

Table A5.5: Finalisation of major CoAs in accordance with 85% benchmark (including appeals and related actions and excluding native title matters) over the last five years

Percentage completed

2012–13

2013–14

2014–15

2015–16

2016–17

Under 18 months

5033

5067

3537

5374

5204

% of total

92.6%

92.7%

92.6%

94.1%

93.9%

Over 18 months

405

397

281

335

341

% of total

7.4%

7.3%

7.4%

5.9%

6.1%

Total CoAs

5438

5464

3818

5709

5545

 

Figure A5.6: Bankruptcy Act matters (excluding appeals) filed over the last five years

Figure A5.6

 

Figure A5.6.1: Current Bankruptcy Act matters (excluding appeals) by year of filing

Figure A5.6.1

 

Figure A5.7: Corporation Act matters (excluding appeals) filed over the last five years

Figure A5.7

 

Figure A5.7.1: Current Corporation matters (excluding appeals) by year of filing

Figure A5.7.1

 

Figure A5.8: Consumer law matters (excluding competition law and appeals) filed over the last five years

Figure A5.8

 

Figure A5.8.1: Current consumer law matters (excluding competition law and appeals) by year of filing

Figure A5.8.1

 

National Court Framework

Figure A5.9: Filings, finalisations and pending

Figure A5.9

 

Figure A5.9.1: All filings, finalisations and pending by Administrative and Constitutional Law and Human Rights NPA

Figure A5.9.1

 

Figure A5.9.2: All filings, finalisation and pending by Admiralty and Maritime NPA

Figure A5.9.2

 

Figure A5.9.3: All filings, finalisation and pending by Commercial and Corporations NPA

Figure A5.9.3

 

Figure A5.9.4: All filings, finalisation and pending by Employment and Industrial Relations NPA

Figure A5.9.4

 

Figure A5.9.5: All filings, finalisation and pending by Intellectual Property NPA

Figure A5.9.5

 

Figure A5.9.6: All filings, finalisation and pending by Native Title NPA

Figure A5.9.6

 

Figure A5.9.7: All filings, finalisation and pending by Taxation NPA

Figure A5.9.7

In 2016–17 the Court introduced two new practice areas: other federal jurisdiction and federal crime and related proceedings.

 

Table A5.6: Other federal jurisdiction, filings, finalisations and pending, 2016–17

                                     
FilingsFinalisationPending
27 423

 

Table A5.7: Federal crime and related proceedings, filings, finalisations and pending, 2016–17

                                      
FilingsFinalisationPending
6 15

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