Slide 1
The National Court Framework
.
Context & Background
Slide 2
• International recognition of Australia’s firstclass legal profession and judiciary.
• Securing Australia’s place in the regional
system of justice.
• Regional, economic, commercial and societal
developments be matched by optimal regional
court structures and procedures.
• Societal need for efficient and just resolution of
disputes.
Slide 3
National Court Framework - Reform
• Consistency of national practice.
• High cost and expensive litigation: a world-wide
and regional problem.
Slide 4
National Court Framework - Principles
•
The Federal Court is a National Court, within a national
and international commercial framework.
•
Recognition that parties require efficient and skilled
Court processes with as few delays as possible.
•
Character of the matter (e.g. nature, urgency or
complexity) will influence its allocation.
•
The reforms are about skilled practice areas and the
efficient and appropriate utilisation of judicial
expertise.
Slide 5
National Court Structure
Slide 6
National Practice Areas
The national practice areas are:
1.
Administrative, Constitutional and human rights
2.
Native title
3.
Commercial and Corporations
4.
Taxation
5.
Intellectual property
6.
Employment and Industrial relations
7.
Admiralty and maritime
8.
Criminal cartel trials
Slide 7
National Practice Sub-Areas
The national practice sub-areas are:
Intellectual Property
• Patents and associated statutes
• Trademarks
• Copyright and industrial design
Commercial and Corporations
•
•
•
•
•
•
Commercial Contracts, Banking, Finance and Insurance
Corporations and Corporate Insolvency
General and Personal Insolvency
Regulator and Consumer Protection
Economic Regulator, Competition and Access
International Commercial Arbitration
Slide 8
National Court Framework - Objectives
• Whole of the Court’s work organised and managed
nationally by reference to the great subject matter areas
of the Court’s work.
• Develop the confidence of the profession and the
community, including in areas requiring a degree of
specialised skill and knowledge.
• Organise Court resources to meet the demands of a
broad range of work in the Commercial and
Corporations area.
• Broaden the base of judicial knowledge and experience
in the Court.
Slide 9
National Court Framework - Features
• National operations registrar position created - responsible for:
 Conducting allocation and reallocation of matters with senior
judges of the Court and the Chief Justice.
 overall management of workload of judges.
• New simplified practice notes – reflecting the national practice
areas. These will be driven by a central practice note which offers
guidance to parties, the profession and the judges about critical
aspects of practice.
• Managed docket system to support judges and facilitate timely
judgment delivery, with allocation principles taking account of:
 Workload management
 Practice area expertise
 Character of the matter
Slide 10
National Court Framework –
Case Management
A case management approach based on the following
principles:

Simplified practice and procedure: early scheduling conference,
enhanced facilitation of ADR, limited discovery and evidence
processes.

Where possible, trial fixed within 6 months of the scheduling
conference.

Judgment delivered within approximately 3-6 months of trial. The
Court to keep parties informed of expected date of delivery if
beyond 6 months.

The encouragement of lump-sum or apportioned costs orders at
time of judgment (or streamlined taxation process with ADR).
Slide 11
National Court Framework - Summary
Summary of key features and reforms:
•
Skilled National Practice Areas, with, where necessary
specialised Judges (including appeals).
•
Case Management process – (including appeals), flexible
and efficient, with scheduling conference, efficient
timetable and use of skilled Registrars (including ADR).
•
Clearer and better defined practice through a Central
Practice Note and additional Practice Notes in each
national practice area.
Slide 12
National Court Framework – Next Steps
• Further consultation with judges of the Court and the
profession across Australia.
• Drafting of practice notes and other material.
• Implementation of the National Commercial Court –
within the coming months.
• Implementation of remaining 7 “National Courts” early 2015.
Slide 13
National Court Framework – Aim
The aim is to organise all the Court’s work along
practice area lines, in order to foster:
• an understanding of the work of the Court and
its current jurisprudence
• consistent national practice
• deep and effective judicial education
• strong connection with the profession
• the development of the skills and practice areas
of the judges