Letter of transmittal

5 September 2013

Parliament House
Canberra ACT 2600

Dear Attorney,

Federal Circuit Court of Australia 2012–13 Annual Report

I have pleasure in submitting the Annual Report of the Federal Circuit Court of Australia for the period 1 July 2012 to 30 June 2013, in accordance with section 117 of the Federal Circuit Court of Australia Act 1999, which requires that I provide you with a report of the management of the administrative affairs of the Court and the financial statements in respect of that financial year.

The report has been prepared in accordance with the Requirements for Annual Reports as approved by the Joint Committee of Public Accounts and Audit on 24 June 2013.

This is the Court’s 14th annual report.

Yours sincerely

John Pascoe AO CVO
Chief Judge

Reader’s Guide

The purpose of this report is to inform the Attorney-General, the Parliament, court clients and the general public about the performance of the Federal Circuit Court of Australia in the financial year ending 30 June 2013.

Prepared according to parliamentary reporting requirements, the report outlines the goals in the Court’s Portfolio Budget Statements and Portfolio Additional Estimates Statements and relates to the results achieved during the year to those goals. It provides information on the Court’s performance in relation to its stated outcome:

To provide the Australian community with a simple and accessible forum for the resolution of less complex disputes within the jurisdiction of the Federal Circuit Court of Australia.

PART 1: The Chief Judge’s year in review comprises the Chief Judge’s overview highlighting significant issues and initiatives the Court has undertaken during the reporting year as well as joint initiatives of the Federal Circuit Court, the Family Court and the Federal Court.

PART 2: Overview of the Court provides information about the Court, including its role, functions, changes to jurisdiction during 2012–13, rule amendments during 2012–13, and organisational structure.

PART 3: The work of the Court in 2012–13 reports on how the Court performed during the period against the outcome and the related program. The performance reports are based on the outcome and program framework and performance information in the 2012–13 Portfolio Budget Statements and 2012–13 Portfolio Additional Estimates Statements for the Attorney-General’s portfolio.

PART 4: Management and accountability provides information on corporate governance, external and internal scrutiny, human resource management, financial management, purchasing, consultants and contract management, legal services, asset management and other activities relevant to the general administration of the Court.

PART 5: Financial statements for the year ending 30 June 2013 contains the audited financial statements for 2012–13.

PART 6: Appendices includes the resource statement, staffing profile, freedom of information data, information about committees and judicial activities, and contact details.

The following references will assist readers to locate information in the annual report:

  • Table of contents
  • List of requirements
  • Alphabetical index

An electronic version of this annual report is available from the Federal Circuit Court website (http://www.federalcircuitcourt.gov.au).

Acronyms and abbreviations


Attorney-General’s Department


Australian Building Greenhouse Rating


Australasian Institute for Judicial Administration


Member of the Order of Australia


Australian National Audit Office


Officer of the Order of Australia


Australian Public Service


Aboriginal and Torres Strait Islander


Australian Securities and Investments Commission


Australian Workplace Agreement


Business Continuity Plans


Commonwealth Courts Portal


Chief Executive Instructions


Chief Executive Officer


Commonwealth Law Courts


Case Management Judge


Client Service Senior Manager’s Group


Commonwealth and Public Sector Union




Executive Level of the Australian Public Service


Employee Self Service system


Fellow of the Australian Institute of Management


Federal Court of Australia


Federal Circuit Court of Australia


Family Court of Australia


Family Law Courts


Financial Management and Accountability Act 1997


freedom of information


goods and services tax


human resources


Independent Children’s Lawyers


Information, Communications and Technology


information technology


National Enquiry Centre


National Coordinator of Case Management


Performance Management Development System


Public Service Medal


Queensland Public Interest Law Clearing House


Senior Executive Service of the Australian Public Service


Young Employees Advisory Group

Glossary of court-specific terms


A written statement by a party or witness. An affidavit is the main way of presenting the facts of a case to the Court.


An application to a higher court to review a decision of a lower court or tribunal.


The individual, organisation or corporation who/which applies to the Court to commence legal proceedings against another person or persons. Also known as ‘plaintiff’ in admiralty and corporations matters and in some other courts.


The document that starts most proceedings in the Court.


The matter before the Court.


A place the Court regularly visits in rural and regional Australia.

Dispute resolution

Procedures and services to help resolve disputes before or during a court hearing without the need for a judicial decision. It may include mediation, conciliation or counselling.

Docket system

A system by which each case is allocated to a particular judge who generally manages the matter from commencement to disposition.


The procedure of electronically lodging general federal law documents in the Federal Circuit Court.


The procedure of electronically lodging a document through the Commonwealth Courts Portal.


The process of the Court accepting a document or documents lodged by a party to a proceeding.

In personam

An action or right against a specific person.

In rem

An action against certain property.


The final order or set of orders made by the Court after a hearing, often accompanied by reasons which set out the facts and law applied in the case. A judgment is said to be ‘reserved’ when the Court postpones the delivery of the judgment to a later date to allow the presiding judicial officer time to consider the evidence and submission. A judgment is said to be ‘ex tempore’ when the presiding judicial officer gives the judgment orally at the hearing or very shortly thereafter.


The extent of legal authority or power of the Court to apply the law.


Individuals, organisations or companies who/which are the parties to a proceeding before the Court.


A court order is a document that sets out what the parties must do. Orders can be urgent, interim (temporary) or final. Courts usually have wide-ranging powers to make orders to enforce judgments.


People involved in a court case. Applicants, respondents and defendants are generally called ‘parties’.

Pro bono

Legal work performed without charge for litigants who cannot afford the cost of a lawyer and are not eligible for legal aid. Pro bono legal work is done at a substantially reduced rate or in some circumstances, at no cost.


The regular and orderly progression of a matter including all acts and events between the time of commencement and judgment.


A court lawyer who has been delegated power to perform certain tasks on behalf of a judge; e.g. grant divorces, sign consent orders and determine the next step in a case.


The Federal Court and Federal Circuit Court Regulations 2012 and the Family Law Regulations 1984 which prescribe the filing and other fees that must be paid for proceedings in the Court.


A party to court proceedings against whom relief is claimed.


Rules made by the judges that set out the procedures for conducting a proceeding in the Court. The rules of the Federal Circuit Court are the Federal Circuit Court Rules 2001 and the Federal Circuit Court (Bankruptcy) Rules 2006.

Self-represented litigant

A party to a matter who does not have legal representation and represents themself before the Court.

Supplementary document

Any document lodged against an existing cause of action that does not attract a fee and does not require follow up action by court staff once lodged.