Copyright

© Commonwealth of Australia 2014

ISSN 1444–6707 (print version)

ISSN 1447–5065 (online version)

The Federal Circuit Court of Australia provides all material (unless otherwise noted and with the exception of the Coat of Arms) with Creative Commons (CC) Attribution-NoDerivs 3.0 Unported licensing. Material may be distributed, as long as it remains unchangedand the Federal Circuit Court of Australia is credited as the creator. More information can be found at: http://creativecommons.org/licenses/by-nd/3.0/ If you have any questions about Creative Commons or licensing generally, please emailcommunication@familylawcourts.gov.au

Enquiries

If you would like to comment on this annual report, or have any queries, please contact:

Family Law Courts National Communication
Federal Circuit Court of Australia
GPO Box 9991
CANBERRA ACT 2601
Ph: +61 2 6243 8690
Fax: +61 2 6243 8737
Email:  communication@familylawcourts.gov.au

Alternative formats

An electronic version of this report is available on the Federal Circuit Court website at: http://www.federalcircuitcourt.gov.au/pubs/html/annual.html

The online version contains links to the 2013–14 Attorney-General's Portfolio Budget Statements.

Acknowledgments

This report reflects the efforts of many people. Special thanks go to the Court staff involved in contributing and coordinating material, as well as the following specialist contractors:

Produced by: Family Law Courts National Communication

Designed by: Papercut Graphic Design

Printing: CanPrint Communications

The Federal Circuit Court of Australia gratefully acknowledges the permission of the artist to use the following artwork in the design of the Annual Report:

Turtle Reconciliation Increase Song Cycle (2013)
Anthony Langitjgun Walker
Language group: Yiman/Gurreng Gurreng
acrylic on canvas, 155 x 225 cm

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This annual report is printed on Impress Satin (cover and inside pages).

Impress is FSC Mix Certified, which ensures that all virgin pulp is derived from well-managed forests and controlled sources. It is manufactured by an ISO 14001 certified mill.

Certifications

Letter of transmittal

8 September 2014

Senator the Honourable George Brandis QC
Attorney-General
Parliament House
Canberra ACT 2600

Dear Attorney,

Federal Circuit Court of Australia 2013–14 Annual Report

I have pleasure in submitting the Annual Report of the Federal Circuit Court of Australia for the period 1 July 2013 to 30 June 2014, 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 Prime Minister and Cabinet's Requirements for Annual Reports 2013-14.

This is the Court’s 15th annual report.

Yours sincerely,

[Signed in the hard copy]

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 2014.

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 2013–14 rule amendments during 2013–14, and organisational structure.

PART 3: The work of the Court in 2013–14 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 2013–14 Portfolio Budget Statements and 2013–14 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 2014 contains the audited financial statements for 2013–14.

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

AGD Attorney-General's Department

ABGR Australian Building Greenhouse Rating

AIJA Australasian Institute for Judicial Administration

AM Member of the Order of Australia

ANAO Australian National Audit Office

AO Officer of the Order of Australia

APS Australian Public Service

ATSI Aboriginal and Torres Strait Islander

ASIC Australian Securities and Investments Commission

AWA Australian Workplace Agreement

BCP Business Continuity Plans

CCP Commonwealth Courts Portal

CEI Chief Executive Instructions

CEO Chief Executive Officer

CLC Commonwealth Law Courts

CMJ Case Management Judge

CSSMG Client Service Senior Manager's Group

CPSU Commonwealth and Public Sector Union

Cth Commonwealth

EL Executive Level of the Australian Public Service

ESS Employee Self Service system

FAIM Fellow of the Australian Institute of Management

FCA Federal Court of Australia

FCC Federal Circuit Court of Australia

FCoA Family Court of Australia

FLC Family Law Courts

FMA Act Financial Management and Accountability Act 1997

FOI freedom of information

GST goods and services tax

HR human resources

ICL Independent Children's Lawyers

ICT Information, Communications and Technology

IT information technology

NEC National Enquiry Centre

NCoCM National Coordinator of Case Management

PMDS Performance Management Development System

PSM Public Service Medal

QPILCH Queensland Public Interest Law Clearing House

SES Senior Executive Service of the Australian Public Service

YEAG Young Employees Advisory Group

Glossary of court-specific terms

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

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

Applicant 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.

Application The document that starts most proceedings in the Court.

Case The matter before the Court.

Circuit 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.

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

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

Filing 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.

Judgment 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.

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

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

Orders 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.

Parties 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.

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

Registrar 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.

Regulations 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.

Respondent A party to court proceedings against whom relief is claimed.

Rules 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.