County Court of Annual Report 2009–10

Contents Judges of the

Date of Judges of the County Court as at 30 June 2010 His Honour Judge Duncan Leslie Allen 21 Aug 2007 Appointment His Honour Judge Iain James Kerr Ross, A.O. 23 Oct 2007 His Honour Chief Judge 25 Nov 2002 His Honour Judge Philip Gerard Misso 11 Dec 2007 His Honour Judge Edward Charles Stuart Campbell 7 Jun 1994 Her Honour Judge Katherine Louise Bourke 11 Dec 2007 His Honour Judge Michael Gerard McInerney 21 Jun 1994 Her Honour Judge Jane Marie Josephine Patrick 15 Apr 2008 Her Honour Judge Margaret Ann Rizkalla 11 Jul 1994 His Honour Judge Peter Michael Edward Wischusen 15 Apr 2008 His Honour Judge Francis Julian Shelton 5 Sep 1994 His Honour Judge Paul Gregory Lacava 27 May 2008 Her Honour Judge Marilyn Blanche Harbison 5 Feb 1996 His Honour Judge Frank Robert Gucciardo 27 May 2008 His Honour Judge Timothy Mark Holt 7 Oct 1997 Her Honour Judge Christine Anne Thornton 14 Jul 2008 Her Honour Judge Carolyn Dianne Douglas 7 Oct 1997 His Honour Judge Philip Mark Taft 29 Sep 2008 His Honour Judge Tim Deneys Wood, R.F.D. 2 Dec 1997 His Honour Judge Frank Saccardo 2 Feb 2009 His Honour Judge Ian Campbell Robertson 19 Jan 1998 His Honour Judge Mark Andrew Gamble 3 Feb 2009 His Honour Judge Graham Richard Anderson 17 Mar 1998 His Honour Judge Howard Mason 3 Feb 2009 His Honour Judge Lansell David Pilgrim 7 Apr 1999 His Honour Judge Gerard Paul Mullaly 7 Apr 2009 Her Honour Judge Pamela Dawn Jenkins 21 Apr 1999 His Honour Judge Timothy James Ginnane 5 Aug 2009 Her Honour Judge Jennifer Ann Coate 22 Jun 2000 Her Honour Judge Kathryn Elizabeth Kings 4 Nov 2009 His Honour Judge John Richard Bowman 20 Feb 2001 His Honour Judge James Montgomery 17 Nov 2009 Her Honour Judge Rachelle Ann Lewitan, A.M. 16 May 2001 His Honour Judge James Parrish 17 Nov 2009 Her Honour Judge Julie Ann Nicholson 3 Jul 2001 His Honour Judge Michael Harry Tinney 16 Mar 2010 His Honour Judge Graeme Geoffrey Hicks 20 Aug 2001 Her Honour Judge Gabriele Cannon 30 Mar 2010 His Honour Judge John Arthur Smallwood 20 Aug 2001

Her Honour Judge Susan Michele Cohen 20 Aug 2001 Date of Acting Judges Her Honour Judge Meryl Elizabeth Sexton 20 Aug 2001 Election Her Honour Judge Frances Elizabeth Hogan 2 Oct 2001 His Honour Judge Graeme Reuben Glover Crossley 13 Jul 2003 Her Honour Judge Irene Elizabeth Lawson 26 Mar 2002 His Honour Judge James Thomas Duggan 1 Mar 2008 His Honour Judge Giuseppe Gullaci 4 Jun 2002 Date of His Honour Judge Michael Patrick Bourke 10 Sep 2002 Acting Judges Appointment Her Honour Judge Elizabeth Mary Gaynor 10 Sep 2002 His Honour Judge Leslie Charles Ross 4 May 2005 His Honour Judge Phillip James Coish 10 Sep 2002 His Honour Judge John King Nixon 18 Jul 2007 His Honour Judge Kenneth Ross Howie 22 Oct 2002 His Honour Judge Anthony Philip Duckett, OBE 26 Sep 2007 Her Honour Judge Jane Anne Campton 22 Oct 2002 Her Honour Judge Barbara Ann Cotterell 12 May 2008 His Honour Judge Roy Francis Punshon 8 Apr 2003 His Honour Judge William Rex White 2 Aug 2008 Her Honour Judge Wendy Anne Wilmoth 8 Apr 2003

His Honour Judge Geoffrey Thomas Chettle 2 Dec 2003 Date of Registrar Her Honour Judge Frances Millane 2 Dec 2003 Appointment Her Honour Judge Sandra Sabrina Davis 26 Oct 2004 Ms Katie O’Keeffe 1 Dec 2008 Her Honour Judge Felicity Pia Hampel 9 Feb 2005 Her Honour Judge Jeanette Gita Morrish 9 Aug 2005 Date of Appointments, Deaths and Retirements Appointment His Honour Judge Julian Peter Leckie 9 Aug 2005 His Honour Judge T J Ginnane appointed 5 Aug 2009 His Honour Judge Paul Douglas Grant 26 Apr 2006 His Honour Judge I J K Ross A.O. 4 Nov 2009 His Honour Judge David Anthony Parsons 22 Aug 2006 elevated to the Supreme Court Her Honour Judge Susan Elizabeth Pullen 22 Aug 2006 Her Honour Judge K E Kings appointed 4 Nov 2009 His Honour Judge Anthony John Howard 3 Oct 2006 His Honour Judge J Montgomery appointed 17 Nov 2009 Her Honour Judge Lisa Anne Hannan 3 Oct 2006 His Honour Judge J Parrish appointed 17 Nov 2009 His Honour Judge Michael Damian Murphy 24 Oct 2006 His Honour Judge E C S Campbell retired 13 Dec 2009 Her Honour Judge Maree Evelyn Kennedy 1 May 2007 His Honour Judge M H Tinney appointed 16 Mar 2010 His Honour Judge Christopher Miles O’Neill 24 Jul 2007 Her Honour Judge G Cannon appointed 30 Mar 2010

2 Judges of the County Court The rapid expansion in commercial cases since 2007, when the Court was given unlimited monetary jurisdiction in all civil matters, has stabilised somewhat in 2009–10. However, commercial matters still make up a considerable REPORT percentage of the Court’s civil workload. 37.6% OF THE of cases initiated in that jurisdiction are in the Commercial List, while 62.4% of cases are in the Chief JUDGE he County Court continues to strive Damages and Compensation List. towards providing high quality, accessible Both the Damages and Compensation and Tand understandable justice to the people Commercial Lists have seen a reduction in the of Victoria in a manner which promotes number of cases ‘not reached’ in 2009–10. While confidence in the Court and in the justice the civil jurisdiction continues to function well, system as a whole. The Court is committed the increasing pressure on crime means that the to a high level of community service in an Court is increasingly drawing resources from civil environment of increasing legal complexity into crime. This has the potential to negatively and heightened scrutiny. impact the current civil timelines.

Criminal Jurisdiction Another challenge in the coming year will be the Our trials are getting longer and growing in commencement of the Civil Procedure Act 2010. complexity. The average trial has increased by Significant work has already gone into preparing between three and four days since November for the changes this new legislation will bring. 2007. The Court has also had to contend with The Court continues to be committed to the introduction of two major pieces of Appropriate Dispute Resolution (ADR) and this legislation this year – the Criminal Procedure year has seen an expansion of the use of ADR. Act 2009 and the Evidence Act 2008. The full This will be facilitated further by the Courts impact of this legislation is at present unknown, Legislation Amendment (Judicial Resolution however it has already had a noticeable effect Conference) Act 2009 which should encourage on the Court in that the listing of interlocutory the further use of judicial dispute resolution appeals has fragmented our trial processes in in the court. We aim to have completed 300 a way that was not anticipated. interventions by the end of 2010.

The Court also continues to deal with a high We consistently look for ways in which our proportion of sexual offence cases. The high processes can be improved. We have in the past number of sexual offence cases persist in and will continue to develop and implement consuming resources to satisfy legislative innovative strategies in listings to maximise requirements, both in and regional the use of available resources in the criminal Victoria, and limit our ability to deal with all and civil jurisdictions. For example, the Court other cases expeditiously. engaged the Boston Consulting Group to assist The Serious Sex Offenders (Supervision and in identifying ways to improve our criminal Detention) Act 2009 has imposed a further listings on circuit and we have implemented a number of recommendations towards this burden on the Court. The applications for Chief Judge Michael Rozenes supervision orders and reviews of existing end. However, despite our best efforts, internal orders are time consuming and onerous and measures alone cannot compensate for the the Court is having to absorb a growing number increase in workload. of these matters without any corresponding increase in funding. Our Judges and Staff This year has seen a continuation of a high Civil Jurisdiction level of demand on the Judges of this Court One of the major changes in the last 12 months and the staff who support them, including the was the abolition of the Practice Court. Its administration and registry. I commend them functions are now shared between the Judge all for another year of their hard work and in charge of the Damages and Compensation commitment to the Court. List and the Commercial List duty judge. The In the last twelve months we welcomed abolition of the Practice Court has meant that Judge Tim Ginnane, Judge Kathryn Kings, there is a more integrated approach to litigation. Judge James Montgomery, Judge Michael Tinney and Judge Gabriele Cannon. The Court bid farewell to Judge Edward Campbell on his retirement and to Judge Iain Ross on his appointment to the Supreme Court.

Report of the Chief Judge 3 This report provides a summary of the County Court’s strategic priorities, major projects and achievements for Our Vision the financial year Our Vision is to be a leader in providing a high quality, In summary, the Court’s 2009–10. A full accessible and efficient court four main objectives are: list of the Court’s system which ensures justice • To maintain a high activities for for all at least cost to court level of co mmunity users and the community. confidence in the Court 2009–10 is Values • To improve access to available on the justice services The values of the Court’s website at are fundamental to the daily • To ensure timely and work of the Court. Upon efficient disposal of appointment, Judges take matters in the Court VISION an oath of office to do equal • To ensure efficient justice to all persons, to AND administration of discharge the duties of office the Court. VALUES according to the law and to act at all times to the best of their abilities without fear, favour The County Court or affection. of Victoria is the Our Objectives intermediate tier Key Achievements The County Court aims to for 2009–10 of the state’s court deliver high quality, accessible Each year the Court and understandable justice hierarchy. It is the undertakes a regimen of services in the jurisdictions activities in support of major trial court in legislated for its consideration. the Annual Business Plan. Community confidence in the state of Victoria. Projects are aligned to the Court must be sustained the Court’s four strategic in a changing environment priorities: subject to the making of new laws, underpinned by the • To maintain judicial independence of Judges and independence the sustained administration • To achieve strategic of the rule of law. The vision for the Court Court makes an important contribution to the social and • To promote economic fabric of the State organisational of Victoria through prompt, excellence through fair dispute resolution and by procedural reform ensuring that breaches of the • To recognise that our laws governing the people people are important. of the State are dealt with promptly and fairly. Following is a summary of our key achievements.

4 Vision and Values Continue to address the causes of court delay – Circuit Review completed and recommendations made Throughout the reporting period, our focus has been on reducing backlogs Key Achievements across regional Victoria and implementing circuit Implement Associates’ Implement pilot project review initiatives. Mental Health Practitioner Workforce Plan and develop at the Court in conjunction Tipstaff Workforce Plan with Justice Health Establish Emergency The Associates and Tipstaves The implementation of the Management Planning ensure the smooth operation Committee Mental Health Practitioner of court proceedings in service has assisted Judges The establishment of the support of the Judge. The in better understanding the Emergency Planning Committee implementation of a Workforce needs of offenders with mental enables the Court to manage Plan ensures that associates health issues. serious incidents in the facility and tipstaves receive high-level in a timely, efficient and training and mentoring to Having the ability to provide responsive way to ensure the support them in their work. a ‘same day’ pre-sentence safety and security of Judges, The skills and resources mental health screening staff and court users. required by Judicial support assessment, eliminates any staff are documented in the potential inconvenience to Review Associates Operating Court’s business plan. the parties that would Manual and create a training otherwise result from a delay manual for Learning and Internal Communications in proceedings while still Development Associates Strategy developed and ensuring that the Judge has Associates provide support implemented the best information possible to the Judge both in court and The Court developed an prior to sentencing. Further, in the preparation of court internal communications the ‘same day’ service means documents. The Associates’ strategy following consultation that there is no impact on manual is a vital reference with Judges, Associates, the Court’s future case-load for this role and ensures that Tipstaves, Registry and scheduling. This service will Associates are able to prepare administrative staff. Several provide support to Court users for court and support Judges recommendations were made on an ongoing basis. at a consistently high level. and launched this year. These include the staff newsletter and Learning and Development Facilitate increased ADR the creation of an annual Staff Associates (LDAs) play an Recognition and Service Award. The Court has supported the important role in mentoring introduction of an Alternative newly appointed Associates. Dispute Resolution (ADR) The introduction of a training stream in its civil jurisdiction. manual provides LDAs with ADR is designed to provide information to assist them litigants with a faster, low-cost in the role. and easier means of resolving disputes without the need to proceed to trial. ADR has Workforce Plan for Registry staff been particularly beneficial in serious injury cases where Under the leadership of the disputes have been resolved Principal Registrar and Registry significantly earlier using managers, the workforce plan this approach. The Court also for Registry staff continues to benefits from the earlier evolve ensuring that registry settlement as it enables other work practises accommodate civil cases to proceed in a more any changes in legislation. timely manner.

The Court reached its target of 300 interventions in the first year of its ADR program.

Vision and Values 5 t gives me great pleasure to reflect on the year’s activities and achievements. It has been a very Report of busy year and the County Court has undergone significant changes, including the commencement The Chief Iof two significant pieces of legislation (the Evidence Act 2008 and the Criminal Procedure Act 2009) and the increasing complexity of cases coming before the court. This has put significant pressure on Executive the court’s workload and it is a tribute to the level of commitment of everyone at the court that we Officer have met the challenges presented.

Highlights There have been many achievements this year and the highlights include: • Addressing delay in Circuit Courts – This year we engaged the Boston Consulting Group to assist us with a Circuit Review. This resulted in several initiatives including revised internal Listing protocols aimed at streamlining listing practices for County Court sittings across regional Victoria. Also, in April 2010 there was 2–3 week plea and appeal intensives at major centres. The focus was to reduce the backlog of those shorter cases that are otherwise brought on at short notice during regular sittings. • The Court has also assigned a Registry staff member to the role of ‘Circuit Court Liaison Officer’ with responsibility for coordinating circuit sittings, collecting monthly circuit reports and reviewing pending lists in conjunction with Judges in Charge and Circuit Registrars. • Continuous improvement and quality have been embedded in the culture of the court. The County Evi Kadar, Chief Executive Officer Court Quality Council has overseen some excellent initiatives throughout the year, enabling the court to achieve completed Registry Manuals and a data system which we can now say has a high level of integrity. • The County which commenced operation in Gippsland in February 2009 has continued to build on the partnerships it has developed with local community groups such as Wuggango Nyalu. Our new County Koori Court Manager – Josh Smith, and Coordinating Judge – Judge Smallwood, have consolidated the pilot in Gippsland with the significant contribution and commitment of the Elders, Koori Court Officer, legal practitioners, service providers and the community.

Judicial Support In recognition that judicial staff need to be well supported in their professional development and to ensure their recruitment, induction and day-to-day administrative issues are well coordinated across the judicial support structure, the position of Judicial Staff Coordinator was created this year. Jeanne Beaty was welcomed to the court in this new position. The position of Strategic Advisor to the Chief Judge was also created which is aimed at providing pro-active executive support and strategic policy advice to the Chief Judge. Andrea David commenced in this position in April 2010.

Looking Forward We have achieved much but there is more we need to do if we are to continue improving our services in the coming years.

I look forward over the next year to implementing the International Framework for Court Excellence which will put the County Court in the best possible position to respond to future challenges positively and to be a trial court of excellence. The Court Excellence Framework will underpin our Strategic Plan for 2011–15 and assist us to create and maintain momentum for positive cultural change.

We are also in the process of re-vamping our website with the aim of improving access to our resources for students, legal practitioners and the public and assisting the public to better understand the work the court does. The website is just one way the court is looking at strengthening our links with the community over the coming year.

6 Report of the Chief Executive Officer Acknowledgements I would like to thank Administration staff, Associates, Tipstaves, Registry staff and Secretaries for their hard work and passion in supporting the Judges in their work. We have an outstanding group of talented and highly skilled individuals, committed to the Court’s vision of providing a high quality, accessible and efficient court system that provides justice for all Victorians.

Special thanks to my Management team, the Judges of the court and my Executive Assistant Yogi Navaratnam who has a ‘can do’ approach to everything that comes her way. I am particularly grateful to Chief Judge Rozenes for his leadership, support and creative energy.

x Tony Fisher, Director, District Courts, New Zealand with County Court Business Analyist (Judy Rako), CEO (Evi Kadar) and Principal Registrar (Katie O’Keeffe). c CEO, Principal Registrar and senior staff identify the Court’s projects for the year ahead.

Report of the Chief Executive Officer 7 he Court routinely County Court monitors and closely Circuit Review Judges of the County Tmanages the lists in Flowing on from the both the civil and criminal implementation of the Boston Court, together jurisdictions while ensuring Consulting Group (BCG) with Court staff, that matters are dealt with recommendations in 2006 expeditiously with due regard and continuing to look at ways are committed to to the principles of fairness of improving efficiency, the delivering fair and and equity. Court again engaged BCG in July 2009 to facilitate a review accessible justice In addition to the principle court house located in of the Court’s operations in to all Victorians. Melbourne’s central business regional Victoria. As the busiest trial district, Judges of the Court The review involved surveying hear cases at thirteen Circuit the Judiciary, Registry, court in Victoria courts situated in the major Circuit Registrars and other with over 10,000 regional centres grouped stakeholders as well as one-on- as follows: one interviews and a workshop. cases commenced • Gippsland region managed The review identified seven by Judge Rizkalla this year, the Chief initiatives which looked to (, Judge, listing Judges improve the management (La Trobe Valley), Sale) and Registry Listing and operation of the County • North Central region Court’s circuit court system Managers work managed by Judge Morrish which have been implemented. together to ensure (, , They include more effective , ) coordination of listings and the Court’s trial sittings between courts within • Northwest region managed regions to reduce backlogs, schedule optimises by Judge MP Bourke adopting a systematic approach the use of the Court’s () to intensives, standardising • Southwest region managed practices across regions and facilities and the by Judge Parsons greater uniformity around THE COUNTY Judges available to (, , starting times. Hamilton, Horsham, COURT hear matters brought ) IN Regional before the Court. VICTORIA

Mildura

NORTHWEST

Shepparton Wodonga Wangaratta Horsham Bendigo NORTH CENTRAL SOUTHWEST Ballarat GIPPSLAND Melbourne Hamilton Bairnsdale

Sale Geelong Warrnambool Morwell

8 The County Court in Regional Victoria Implementation of those initiatives commenced in In May 2010 the Court October 2009 and included internally published its Judges and Registry staff Protocol for Circuit Court participating in workshops Management which provides focusing on listing principles In April 2010 the Court guidance to Judges, their for both civil and criminal undertook 2–3 week plea and staff and Circuit Registrars As we focus on the future, cases at circuit; data metrics appeal intensives at major with respect to matters such steps are in place to review for monitoring and planning; centres to reduce the backlog as listing principles, circuit all old cases at circuit with and proposed principles for of shorter cases that are starting times, the role of the a view to scheduling them coordinating cases across otherwise brought on at short Regional List Judges (RLJs) and with priority along with the region. notice during regular sittings. end of circuit reporting. sexual offence cases in circuit sittings. There is also a focus The Court also assigned a upon improved coordination Registry staff member to the of listing cases between and role of ‘Circuit Court Liaison across regional locations. 1,949 Officer’ with responsibility for Further review of civil listings coordinating circuit sittings, Initiated practices at circuit will also collecting monthly circuit be undertaken. 1,887 Finalised reports and reviewing pending

Pending lists in conjunction with Judges An audit of outstanding cases in Charge and Circuit Registrars. in circuit courts was conducted This assignment has enabled a during the year, and together considerable focus to be given with the instrumental role of to reviewing circuit data and the listing Judges, the overall 1,771 in particular the integrity of case load was reduced from 1,752

Number of Cases Number of pending case lists. Quarterly 549 matters in February, 2010 data reports for circuit have to 483 matters as at June 2010.

1,693 been developed and data has The number of cases over two been appropriately used to years old since committal also 1,666 inform 2011 rosters. This has reduced from 108 matters in in turn resulted in additional February to 76 matters as at and lengthier sittings being 30 June 2010. There will be identified for some regional particular focus placed upon 2009–10 2008–09 centres in 2011. cases over two years in 2010–11.

Total Circuit Case Activity 2008–09 and 2009–10

366 Initiated 340 Finalised

Pending 290 289

273 269 261 249 253

224 223 218

198 187 179 Number of Cases Number of 146 137 130 121 116 119 116 107 98

83 77 73

52 49 44 41 37 32 25 19 20

6 3 2 Bairnsdale Ballarat Bendigo Geelong Hamilton Horsham Latrobe Valley Mildura Sale Shepparton Wangaratta Warnambool Wodonga

Overview of Circuit Case Activity by Location for 2009–10

The County Court in Regional Victoria 9 Overseas Visitors Judge Jenkins met with law students from Hong Kong and post-graduate law students Events from the United States during their stay in Melbourne. Your Day in Court – Both student groups were Victorian Commercial Teachers in to undertake an Association (VCTA) and Legal international study program Studies teachers spend a day at the County Court offered by Monash University. In May, the Court organised The Court received a delegation the inaugural ‘Your Day in Criminal trials of barristers from Japan as Court’ seminar for VCE Legal An examination of the trial part of the The University of Studies teachers. experience and a question Melbourne’s Asian Law Centre and answer session. Judicial Visitor Program. Over 100 teachers from schools in Melbourne and County Koori Court The Chief Judge met with the regional Victoria travelled Procedures, progress and Los Angeles Deputy Alternate to the County Court to hear directions of the County Koori Public Defender, Mr James Chief Judge Rozenes, Judge Court. The session described Bruns, during his visit to Smallwood and Judge Anderson role of Elders in the court room Melbourne in October. The CEO speak on different areas of The Court and how a trial proceeds in and Principal Registrar met law and practice. Each session a Koori court. and the with Mr Tony Fisher, Director, focused on the key learning Community District Courts, New Zealand in areas in the VCE curriculum. The Court is grateful for the November. Mr Fisher shadowed assistance and support received the CEO for a day. Civil law from the VCTA and eagerly prepares Procedures, practice and to welcome the VCTA and County Court effectiveness of civil law in teachers to the Court next year. his year the Court Intern Program welcomed over 5,000 Victoria. This session covered visitors to the County The Court’s Intern Program the litigation process, the T continued this year with two application of legal theory, the Court in Melbourne. students from Valparaiso, use of juries and the strengths University, Indiana, USA. and weaknesses of civil trial Student Education Sponsored by Judge Parsons, court law-making. Program and working alongside His Approximately 4,000 secondary Honour’s Associate, the interns and tertiary students participated were assigned a range of research in the County Court student projects relevant to matters education program this year. before the court. County Court m Judge Parsons with The Court offers programs Associate Lydia Scafidi was interns (Latasha Towles and John Bayard) and designed to complement the the County Court exchange VCE Legal Studies curriculum Professor Penny Andrews Associate, and had the (Valparaiso University, Indiana). or the tertiary law course. opportunity to spend time The program is available to observing and working at n Students from Oakleigh South Melbourne-based students the courts in New York City. Secondary College on a visit to as well as students in the County Court. regional Victoria. b Judge Ginnane addresses Health Science students from During their visit to the Latrobe University. Court, the students receive an overview of the Court’s jurisdiction and operation before visiting a court room to observe proceedings. Judges take time before court commences to discuss aspects of the law relevant to students’ current studies.

In May, Judge Ginnane met with Health Science students from La Trobe University as part of a case-based assignment.

10 The Court and the Community Judge Hampel met with volunteers involved in the Prisoners’ Legal Education and Assistance Project (PLEA), as part of their induction program.

The Court was the location for Open Day for Law Week the filming of the Child Witness Over 600 members of the Support Service information public braved a wintery May video. This video will assist morning to visit the County young witnesses as they Court Open Day as part of the prepare for court. annual Law Week celebrations. Judge Gucciardo speaks at x the launch of the TAC/Old Highlights of this year’s Media Melbourne Gaol Courtroom program included a sentencing On 20 August 2009, Judge drama 'culpable driving'. exercise facilitated by Judge Hampel was a panellist on the c County Court Tipstraff, Brian Anderson. Members of the ABC television Q & A program. Sullivan, chats with an actor public were guided through The topic of conversation was during a break in filming the a criminal trial, playing the ‘Back to Balibo’, exploring Child Witness Video. the murder of five Australian roles of judge, jury, counsel, v Judge Hampel meets Prisoner offender and victim. The journalists in 1975 during Legal Education and Assistance session concluded with a lively the Indonesian invasion of program volunteers. discussion of the jury’s verdict East Timor. County Court Associate, and appropriate sentence. b The Chief Judge was a guest Angie Wong, presents a A session on selecting a jury on the Conversation Hour session on advocacy at the Court Open Day. organised by County Court with Jon Faine in May 2010, Associates outlined the process speaking about the challenging used to empanel a jury. In relationship between the the witness box members of courts and the media, judicial the public tested their mettle accountability and delay in against Associates as the latter the criminal jurisdiction of played the role of counsel for the Court. the prosecution and defence. Also in May 2010, Judge Gucciardo was the guest speaker at the launch of the v ‘Your Day in Court’ National Trust/TAC Courtroom VCE Legal Studies teachers drama education program. at the County Court. The program, created for v County Court Associate, students in years 10–12, Nicholas Donaghy, explains provides an opportunity for court procedure to Open Day students to be involved in mock visitors. court proceedings based on b Chief Judge Rozenes was a real culpable driving case. a guest on Jon Faine’s Students participate by playing ‘Conversation Hour’ on the roles of judge, counsel, jury, ABC 774 in May, 2010. accused and victim.

11 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria The Court and the Community 11 2009–10 2008–09 %change

TOTAL COUNTY COURT CASES:

Commenced 11,269 10,698 5.3% Finalised 10,339 9,952 3.9% Pending 9,881 9,375 5.4% Overall County Court Clearance Ratio (%) 92% 93%

TOTAL CIVIL CASES:

Commenced 6,057 6,110 -0.9% Finalised 5,456 5,516 -1.1% Pending 6,670 6,223 7.2% Overall Civil Clearance Ratio (%) 90.1% 90.3%

TOTAL CRIMINAL CASES including Appeals:

Commenced 5,212 4,588 13.6% Finalised 4,883 4,436 10.1% The Year Pending 3,211 3,152 1.9% at a glance Overall Criminal Clearance Ratio (%) 93.7% 96.7%

Criminal Trials and Pleas:

Commenced 2,234 2,174 2.8% Finalised 2,281 2,231 2.2% Pending 1,851 2,173 -14.8% Trials and Pleas Clearance Ratio (%) 102.1% 102.6%

Criminal Appeals:

Commenced 2,978 2,414 23.4% Finalised 2,602 2,205 18.0% Pending 1,358 1,113 22.0% Appeals Clearance Ratio (%) 87.4% 91.3%

TOTAL ADOPTION CASES:

Applications Considered 77 71 8.5% Adoption Orders Made 71 70 1.4% Applications Pending 2 6 -66.7%

NOTE: Criminal Trial & Pleas Terminology Pending figure for 2008–09 has been revised to Commenced – The number of cases committed correspond with financial year reporting for the or directly indicted during the reporting period Report on Government Services (ROGS). (including supervision orders). The large reduction in the pending figure from Finalisation – The number of cases completed 2008–09 to 2009–10 can be attributed to audits during the reporting period. These cases are no conducted on active cases over the financial year longer active. in both Melbourne and circuit courts. Pending – The number of active/open cases as at the end of the reporting period. Clearance Rate – The number of cases finalised as a percentage of initiations.

12 The Year at a Glance here was a 13.6% Initially, an impact overview was consistent procedures Offences List was prepared increase in the number of prepared identifying its effect where possible. in conjunction with criminal cases commenced on the Court’s current procedures Greg Byrne, Criminal Law T The impacts were scoped in the County Court in 2009–10 and highlighting where new – Justice Statement. An from the previous financial processes were required. and changes were made in information session on the year. In 2009–10, 5,212 cases consultation with the Judiciary. practice note was held for the The Criminal Procedure Act 2009 were commenced, compared New practices and procedures profession in the Ceremonial to 4,588 in 2008–09. Trials and included terminology changes, Court in April 2010. In addition, changes to case management were presented and signed off pleas initiated in the County by Chief Judge Rozenes. the County Court Criminal Court increased by 2.8%, from including interlocutory appeals, Procedure Rules 2009 also 2, 174 in 2008–09 to 2,234 in the transfer of related and unrelated Numerous changes were made came into operation on 2009–10. Appeals from the summary charges, discontinuation to the County Court Case and 1 January 2010. Magistrates’ Court of Victoria of proceedings, written pleas of List Management System in increased significantly from guilty and appeal procedures. preparation for its introduction The Criminal Listings Manager has also been working closely 2, 414 in 2008–09 to 2,973 in The Evidence Act 2008 made on 1 January 2010. 2009–10, an increase of 23.4%. with the Chief Judge and the substantial changes to the Training for Registrars was Criminal List judges to focus The number of cases finalised law of evidence and required carried out state wide with on measures to reduce delay in the criminal jurisdiction also changes to the oaths and Regional Registrars travelling to in the criminal jurisdiction. increased from 4,436 in affirmations of the Court. Melbourne in December 2009 In early 2010, the Principal 2008–09 to 4,833 in 2009–10. The CEBA Project Officer, and January 2010. Training was Registrar and the Criminal This is an increase of 10.1%. Wendy Collins and the Criminal provided both in person and via Listings Manager visited the Trials and pleas finalised Listings Manager, Kate Spillane, an electronic training system. NSW District Court in Sydney increased slightly by 2.2%, to observe the criminal listings met regularly with various The County Court Criminal from 2,231 in 2008–09 to 2,281 stakeholders to agree upon process in that court and in 2009–10. Appeals finalised Procedure Practice Note to identify any practices or procedures which linked the combining both the General also increased in 2009–10 to jurisdictions and to ensure procedures which could be 2,602, which is 18% more than Crime List and the Sexual applied in Victoria. the 2,205 appeals finalised in 2008–09. Disposals by method of finalisation The number of trials and CRIMINAL JURISDICTION FY 2009–10 pleas pending during 2009–10 reduced by 14.8% to 1,851 Melbourne Criminal (2,173 in 2008–09). This Plea of Guilty 1,131 61.8% Jurisdiction reduction is in large part due to Trial turned plea of guilty 245 13.4% Overview an audit conducted by the Court Trial Conviction 143 7.8% over the reporting period, which resulted in the closing Trial Acquittal 148 8.1% of a number of previously active Nolle Prosequi 129 7.0% files. The number of appeals Discontinuance Order 11 0.6% pending also increased to Other 23 1.3% 1,358 (1,113 in 2008–09). Total 1,830 100% The number of cases pending overall increased, totalling 3,211 (3,152 in 2008–09). Circuit Plea of Guilty 254 56.3% The overall criminal clearance ratio for the period 2009–10 Trial turned plea of guilty 66 14.6% was 93.7%. The clearance rate Trial Conviction 44 9.8% was 102.1% for trials and pleas Trial Acquittal 49 10.9% and 87.4% for appeals. Nolle Prosequi 24 5.3% One of the major challenges Discontinuance Order 2 0.4% for the criminal jurisdiction Other 12 2.7% in 2009–10 was the Total 451 100.0% implementation of the Criminal Procedure Act 2009 Statewide and the Evidence Act 2008. Both these Acts commenced Plea of Guilty 1,385 60.7% on 1 January 2010. Trial turned plea of guilty 311 13.6% Trial Conviction 187 8.2% In April 2009, a Crimes Evidence and Bails Acts (CEBA) Project Trial Acquittal 197 8.6% Officer was appointed to the Nolle Prosequi 153 6.7% County Court, to manage the Discontinuance Order 13 0.6% preparatory work required for Other 35 1.5% the implementation of this Grand Total 2,281 100.0% legislation in the Court.

13 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Criminal Jurisdiction 13 interlocutory process has caused some dislocation of raise complex evidentiary the trial process in this Court. Criminal issues and require specific Jurisdiction Criminal Procedure Act 2009 procedural arrangements for The pressures described above Overview which was anticipated to victims and witnesses. make it very difficult to ensure increase trial length. As can that other priority cases are The legislative timelines in (cont’D) be seen from the graph below, heard expeditiously. Significant which these cases must be the average length of trials delay in cases where the heard has meant that there are in the County Court has been accused is in custody awaiting increased delays in the listing increasing over time, from trial poses a particular problem of non-sex cases. This has a 8.09 days in November 2007 for the Court and places particular impact on a number to 12.31 days in November increased pressure on Judges of circuits where the legislative 2009. In May 2010, the average when determining bail requirements for sex cases have length of a trial was 11.77 applications. Further, if there caused unacceptable delays in days, a slight decrease from has been a lengthy delay hearing other trials. November 2009, however it between the commission of still represents an increase on The Criminal Procedure Act the offence and conviction of the previous two years. also introduced interlocutory a youthful offender, the Judge appeals. It was originally may be precluded from This graph also shows the considering whether a Youth discrepancy between the trial envisaged that interlocutory appeals would be able to Justice Order would be the estimates given when a matter most appropriate sanction. is listed for trial and the actual be dealt with very quickly. However, it has become clear Judge Taft trial length. The inability to The concerns about delay in that these appeals exhibit the accurately predict the length the criminal jurisdiction have same level of complexity as of a trial has a significant lead to a number of on-going n 2009–10, there was an post-conviction appeals and impact on the Court’s ability initiatives to try and address increase in the number of require considered attention in to list matters to make the best this issue. Icriminal matters initiated use of available resources. the Court of Appeal. The result in the County Court. Further, is that, on some occasions, the The Criminal Justice a high proportion of matters Following the trend of the lodgement of these appeals Users Group Committee, dealt with in this Court past few years, sexual offence resulted in the fracturing which includes Judges, continue to run to trial. While trials continue to make up a of the trial process and the Magistrates, Registry staff 2009–10 saw a decrease in the significant proportion of the adjournment of the trial to and representatives from the number of trials overall, this trials heard in the County Court. a later date. While there is a Office of Public Prosecutions, is in part due to a decision to In 2009–10, these cases made clear benefit in having relevant Victoria Legal Aid, the Criminal list less trials per week in order up 49% of the overall trial issues determined by the Court Bar Association and the Law to absorb the impact of the workload and frequently take of Appeal prior to conviction Institute of Victoria, met in commencement of the a longer time in court than and avoiding the potential March and May 2010 to try Evidence Act 2008 and the non-sex cases because they for a re-trial, in practice the and address some of the issues around the current delays in listing trials in the

Actual County Court. 12.31 Trial 11.77 Length Judges of this court have also been actively involved Estimated 9.93 Trial in the Criminal Justice 9.31 Length System Steering Committee.

8.09 8.19 The Court views delay as a systemic issue which can only 6.50 be fully addressed with the 5.76 involvement and co-operation of all participants. Average Number of Days Average

November 2007 November 2008 November 2009 May 2010

Trial Duration November 2007 – May 2010

14 Criminal Jurisdiction The Evidence Act 2008 came the Commonwealth Director into effect from 1 January 2010 of Public Prosecutions. and the anticipated increase The Users Group provides a in duration of sexual offence The proportion of sexual offence trials has occurred. This has forum for dissemination of he Sexual Offences List cases resulting in pleas of guilty, information, and also encourages extended trials beyond the such that a trial did not need continues to be the focus original estimates given in discussion of all issues relating of the Court’s criminal to be held, decreased to a nine to the successful operation of T adult, child and cognitively year low (48%). In 2009–10, jurisdiction. the Sexual Offences List. impaired complainants sexual 22% of pleas were entered In all but the year ending offence cases. In addition, a at the door of the Court. The Court continues to strive 30 June 2010, the County Court number of rulings made by The proportion of pleas towards the timely finalisation has seen continuous increase Judges at the commencement entered during trial in of sexual offence matters. in the number of accused being of sexual offence trials have 2009–10 was 7%. However, the nature of the sexual committed for a sexual offence. been referred to the Court of offence cases presented to the Appeal pursuant to the The number of trials that Court, together with the process In 2009–10, the number of Criminal Procedure Act 2009 proceeded to verdict almost required to deal with cases sexual offences initiated with on interlocutory appeal, further doubled between 2001–02 (98) (which are affected by the type the Court was 502, a decrease protracting trials. and 2009–10 (190). of plea), impacts on the time from 2008–09 of 529, or 5%. Interlocutory appeals often result In 2009–10, 70% of defendants required for the Court to finalise For the period 2001–02 to each case. It is anticipated 2009–10 however, the number in delays within the trial. It has in sexual offence cases involving been a challenge for the Court children or cognitively impaired these difficulties will continue of initiations increased overall into the coming year. by 55% from 324. to manage this added caseload. complainants entered pleas of not guilty. As a consequence, over Sexual offence cases in On 1 July 2008, the Justice half of those cases required a 2009–10 constituted 22% of Legislation Amendment special hearing to be held within all criminal cases initiated, a (Sex Offence Procedure) Act three months of the accused decrease of 2% from 2008–09. 2008 came into operation being committed. inserting section 359(2AA) Judge Pullen In 2009–10, of the 502 sexual into the Crimes Act 1958, There is an expectation that the offence cases initiated, 212 referrable to commencement of workload of the Court will also involved at least one child sexual offence trials involving increase substantially as a result witness and 17 involved at least children or cognitively impaired of changes to the legislation one cognitively impaired witness. complainants. This was repealed relating to Supervision Orders by the Criminal Procedure Act pursuant to the Serious Sex The number of sexual offence 2009, s.212 effective from Offenders Monitoring Act 2005 cases in 2009–10 finalised 1 January 2010, which required which was repealed by the constituted 494, a decrease of all sexual offence trials Serious Sex Offenders (Detention 10% from 2008–09. commence within three months and Supervision) Act 2009. Since 2005, the Court has Throughout the period 2001–02 of being committed for trial. been absorbing this new area to 2009–10 an average 35% Section 371 of the Criminal of work with applications far of all new sexual offence cases Procedure Act 2009 requires beyond the numbers projected. were brought before regional that special hearings involving In the year 2009–10, a total of courts with the majority of children or cognitively impaired 49 applications were received these cases initiated at Ballarat, complainants must be held within from the Secretary to the Bendigo, Geelong and Morwell/ three months after the accused Department of Justice for SEXUAL Latrobe Valley County Courts. is committed to stand trial. Interim Supervision Orders, OFFENCES The number of cases finalised Complying with these Supervision Orders, Breaches of in 2009–10 decreased from legislative requirements Orders and Reviews of Orders. 2008–09 by 10% to 494 cases. has resulted in all other These applications involved 151 non-sexual offence criminal judge days in 2009–10. The The clearance rate for sexual capacity of the Court to absorb offence cases in 2009–10 was trials facing longer periods before finalisation. This is this extra workload will continue 98%, which was a decrease to impact on listings in 2011. of six percentage points from particularly so in circuit regions, 2008–09, when it was 104%. where there are fewer County To provide assistance to A clearance rate of over 100% Court days compared with the practitioners, the Sexual Offence is usually an indication that County Court at Melbourne Users Group was formed. The the Court is keeping up with which operates all year. Group meets quarterly to discuss the workload. The figure of Due to limited resources, matters arising within the Sexual 98% reflects fewer trials being some of these special hearing Offences List. The Users Group listed overall, in both sexual trials involving children is chaired by Her Honour Judge offence and non-sexual offence and cognitively impaired Pullen and includes representatives cases, as a result of legislative complainants have been listed from the Office of Public changes introduced by the outside the three month period. Prosecutions, Sexual Offences Evidence Act 2008 which, it was Unit, Child Witness Service, anticipated, would extend the Victoria Legal Aid, Law Institute, duration of trials. Criminal Bar Association and

15 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Criminal Jurisdiction 15 There are misconceptions that exist about the court which need to be dispelled. It is not ‘one law for them and one law for us’. In particular the court and the COUNTY The only differences between Elders are greatly appreciative Koori and mainstream courts The Koori Court has been very of the whole hearted input KOORI COURT are in effect procedural. Exactly fortunate in the last twelve of Jennifer Taylor and Grant the same sentencing applies. months to have had Josh Smith Hayward as prosecutors. as Manager and Nicole LeSage Their balance and fairness We do not apply customary law. as Koori Court Officer. Both are has allowed the nature of the The Elders play no part in the Koori and their crucial input has ‘sentencing conversation’ to actual sentence itself and we do not only made the running of the develop as openly as it has not apply any form of traditional Court more efficient but their without the position of victims punishment. It takes a lot of knowledge has been freely given being diminished in any way. courage for a defendant to to the Judges and has contributed participate and emotionally, and During the year, a number of to our education and capacity to statistically, it is not a soft option. interns from the School of interact enormously. With good Law at Valparaiso University humour they have also been Defendants must plead guilty in Indiana were our guests. instrumental in resolving some and accept responsibility for their They participated in the of the collateral issues which offending if they are to be accepted cultural awareness program inevitably arise in a new project for the County Koori Court. as well as hearings and found such as this. Judge Smallwood We do not deal with sexual the experience enlightening. offences or any matters arising During the year cultural Indeed they have kept in touch. awareness training has been he County Koori Court has out of Crimes Family Violence We have also been active provided for three more Judges now been operating for over legislation. Serious assaults in in promoting community and a number of prosecutors. T18 months. In that time a a domestic situation are deal awareness of the Court. New Elders have been trained great deal of progress has been with but only if there is a plea A group involving myself, staff and have settled in well. The made and the understanding of of guilty and an acceptance of and elders took a ‘Road Show’ confidence of the Elders has it as a process is increasing. responsibility. to Orbost and Bairnsdale and visibly increased. It is the only indictable offences in the coming months will go Koori Court in Australia and Service providers, Corrections to other centres and probably accordingly at times we are Victoria and the Police have Lake Tyers. in unchartered waters. all contributed greatly to our The Court has established The County Koori development. It should not The way in which the hearings partnerships with the Yoowinna pass unnoticed that such a style are conducted was fully described Court has been Wurnalong Healing Service of hearing being introduced in last year’s report and does and Wulugunggo Ngalu the recipient of a into what remains at law an not need to be repeated. Learning Place. lot of community adversarial process is a very It is an enabling court. The interesting one. As a group and We have also formed strong defendants are able to engage goodwill, humour as individuals we have had to links with a number of other with the elders and participate and sadness. There is amend and develop what our groups including Latrobe Valley in their own sentencing roles are and should be, Both Health and Ngwala Wilumbong process. The interactions also a determination Defence and Prosecution has who run a very effective and are often very powerful and from all to make the contributed greatly to that. powerful program with male moving. The defendants are prisoners both inside and out forced to confront their serious County Koori Court of the prison system. offending and take ownership of it. Much information is thus work. These relationships are designed made available to the Judge to assist in the furtherance of which would not otherwise this Courts goals as well as have been. those of the other groups.

16 Criminal Jurisdiction We are in the second year of a three year pilot and it is to be hoped that because of the success so far it can be implemented in other regions over the next few years.

There is perception that the CKC is interested only in reducing recidivism. That is only one of our goals. Others include: • offenders taking responsibility for, and ownership of, their offending • families taking ownership of that offending and being accountable • deterring crime generally • reducing fail to appear rates • reducing frequency of court orders being breached. b County Koori Court Manager, Josh Smith, with Koori Court Elders. The participation of the elders Back row: Uncle Lloyd Hood, Aunty Di Hurren, Josh Smith, (County Koori Court Manager), also assists younger offenders Uncle Russell Mobourne particularly in their own cultural development. They are encouraged Middle row: Aunty Vera Briggs, Aunty Margaret Atkinson, Aunty Maureen Hood in Court to connect with their Front row: Aunty Vernus Mobourne, Aunty Pam Pedersen. ‘mob’, to contact ‘link up’ and thereby get a better sense of themselves and their connections to family and Country. Those matters are very important in the rehabilitation process.

We will be training new Elders and Respected Persons as well as providing on-going training for current Elders. They are trained in Court processes, sentencing principles and matters such as Mental Health First Aid Training.

We are in the second year of a three year pilot and it is to be hoped that because of the success so far it can be implemented in other regions over the next few years.

17 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Criminal Jurisdiction 17 The Damages and Compensation List constituted 62.4% of all civil cases initiated through the County Court during the 2009–10 financial year with the Commercial List comprising Case Transfers of 37.6%. The Courts (Case Transfer) Act Future Focus 1991 empowers courts to transfer The total number of cases finalised Looking ahead into the next cases to a more appropriate in the 2009–10 financial year financial year the Civil Jurisdiction jurisdiction. For the year ended was 5,456 compared with 5,516 will focus on a number of key 30 June, 2010, case transfers to cases for the previous financial strategic priorities including: the County Court totalled 105 year, a slight decrease of 1%. including seven cases from the • Facilitation of ongoing Civil Supreme Court, 93 cases from The number of cases finalised Appropriate Dispute the Magistrates’ Court and five JURISDICTION within the Commercial List rose Resolution, Settlement from the Victorian Civil and OVERVIEW significantly by 13.7% with 2,063 Conferences and Administrative Tribunal. A total cases finalised in 2009–10 Case Conferences. compared with 1,814 cases of 32 cases were transferred in 2008–09. The Damages and • Implementation of the to the Supreme Court and 13 Compensation List has seen Civil Procedure Act 2010 cases to the Magistrates’ Court, he 2009–10 financial a decrease in the number of provisions on 1 January 2011. 45 in total. year has seen 6,057 cases cases finalised with 3,387 cases Tinitiated within the Civil finalised in 2009–10 compared Jurisdiction compared with with 3,702 in 2008–09, 6,110 cases for the previous a decrease of 8.6%. Disposals by method of finalisation financial year, a slight decrease The 2009–10 financial year has of 0.8%. All Cases 2009–10 seen an expansion of Appropriate Initiations for the Commercial Dispute Resolution within the Counterclaim Judgement 3 List remained steady with County Court. A total of 177 Default Appearance 443 a slight decrease of 0.2% conferences were scheduled with 2,279 cases in 2009–10 during the financial year. The Default Defence 56 compared with 2285 cases in majority of the case conferences Discontinued 518 2008–09, whilst the Damages were listed within the Family and Compensation List had an Property Division, 129 in total. Dismissed by court 910 increase in initiations, 4.9%, with 3,778 cases in 2009–10 Allocation of Judges Finalised by consent at trial 27 compared with 3,592 cases In 2009–10, for the County Finalised by consent before trial 21 initiated in 2008–09. Court state-wide, 19 judges were allocated to hear matters Final Order Made 0 within the civil jurisdiction. Judgement prior to trial 13 Thirteen judges were allocated to hear general Damages and Judgement by Leave 1 Commercial matters, four Judgement by Consent (O59.06) 1,131 judge focussed on commercial matters including duty judge Judgement by Court 896 responsibilities, one judge heard WorkCover/Serious Injury Notice of Dismissal 579 applications, one judge heard Possession of Land 11 Family Property matters, and two judges were allocated to Proceedings Stayed 0 hear matters at the Victorian Registration of Interstate Order 11 Civil and Administrative Tribunal. Struck out by Court 191

Struck out by Registrar 116

Settled after Mediation 1

Settled at Mediation 463

Settled before Mediation 1

Transferred to Magistrates’ Court 7

Transferred to Supreme Court 33

VCAT Registration 24

Total 5,456

18 Civil Jurisdiction Above: Judge Davis Below: Judge Saccardo

On 18 January 2010 the former roceedings in the Practice Court managed by Damages List constituted Judge Holt was abolished. The Pthe majority of civil functions previously performed initiations in the County Court by the Practice Court are now with 3,643 matters being shared between a number of initiated in the year 2009–10 other civil judges (as nominated which is a slight increase when by Judge Davis). Applications compared with 3,592 in the relating to interlocutory preceding financial year. disputes in Damages and Compensation List matters The number of initiations in are commenced either by the Serious Injury Division for summons filed with the the financial year was 1,786 Registry or by written request compared with 1,713 in the to the Directions Group. A new previous financial year. Of the Practice Note was published total judgments written across on 1 January 2010 outlining the civil jurisdiction of the these changes. Court, approximately 70% were Reserve List in respect of Serious Injury Judge Lawson continued as the Judge Davis continued to Applications under s134AB of Judge in charge of the Medical oversee the operation of the the Accident Compensation Act Division. Judge Saccardo also reserve list and from 1 July 1985. In early 2011 we will assisted with the management 2009. The daily running of the see the introduction of a new of the list throughout the year. list was successfully alternated CIVIL ADR Pilot (see page 21 for The Administrative Mention between a number of civil further details). system continues to be judges (Judge KL Bourke, JURISDICTION: effective and efficient in the Judge Saccardo, Judge Coish, DAMAGES AND Judge Davis continued to listing of matters for trial in the Judge Lacava, Judge Bowman manage the List in 2009–10, COMPENSATION Medical Division. and Judge Lawson). incorporating the General, LIST Serious Injury and Defamation The WorkCover Division was The reserve list has continued Divisions. In addition, Her managed by Judge Wischusen to operate efficiently, with the Honour continued to oversee for the 2009–10 year with the number of ‘not reached’ cases the daily operation of the assistance of other civil judges. remaining low on average. civil reserve list. Judge Davis Matters in the WorkCover There was a notable reduction also participated in the Civil Division are listed for mention in ‘not reached’ cases with Procedure Advisory Group to on a Thursday, at which time 109 matters for the 2009–10 discuss the implementation of trial dates and timetabling financial year down from 159 the Civil Procedure Act 2010. orders are made. in the 2008–09 financial year.

County Court Lists and Divisions Commercial List Judge-in-Charge Banking and Finance Division Judge Kennedy

Building Cases Division Judge Shelton

Expedited Cases Division Judge Anderson

Family Property Division Judge Misso

General Division Judge Anderson

Damages and Compensation List Judge-in-Charge Defamation Division Judge Davis

General Division Judge Davis

Medical Division Judge Lawson

Serious Injury Division Judge Davis

WorkCover Division Judge Wischusen

19 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Civil Jurisdiction 19 Of particular note during the year 2009–10 was the increase in the disposal rate. In the previous year, there were 1,814 Family Property Division commercial cases disposed Testator family maintenance of. In 2009–10, there were and domestic partners 2,061 disposals, an increase property cases are targeted of 14%. This is likely to have by the judge-in-charge of the Improved Listing of Cases been as a result of significant Division, Judge Misso, CIVIL measures put in place during The listing of commercial cases for early ADR intervention. JURISDICTION: the report year. These reforms was reviewed in 2009 and new Any contested case where COMMERCIAL were described in detail in an listing procedures established. the asset pool is less than address to the Victorian Bar Expedited Division matters $300,000, is immediately listed LIST in June 2010 co-ordinated by continue to be listed before for a settlement conference. Judge Kennedy. The full text a nominated Commercial List During 2009–10, approximately of the address is available on judge, usually within six months 150 interventions were listed the Court’s website and the of issue. All General Commercial before Judge Misso. A very high following is only a summary. Division cases are allocated, settlement rate was achieved. 009–10 has been a if possible, to a nominated During the report year, 361 very important year for commercial judge in the week Family Property Division cases the Commercial List. In Nominated Specialist prior to trial. Otherwise, the case 2 Commercial List Judges were issued and 405 disposed 2007, Chief Judge Rozenes is placed in the Reserve List for The Chief Judge determined of. Very few cases were foreshadowed that the work hearing by a judge with commercial determined at trial. of the Court would be divided in the second half of 2009, experience. Commercial cases into three branches – ‘criminal, that in order to cope with are rarely ‘not reached’ on the compensation and commercial’. the increased workload, four day fixed for hearing. When that Written Judgments That vision has now been realized. judges would be nominated does happen, the case is relisted The increased workload of as Commercial List judges each at the earliest possible date the Commercial List and the Following the passage of half year. During 2009–10, before a nominated commercial judges doing commercial work legislation in 2006 giving the Judges Shelton, Anderson, judge, usually within two to three is reflected in the number Court unlimited monetary Lewitan, Kennedy and Ginnane months. In the first six months of written judgments (with jurisdiction in all civil matters assumed the primary responsibility of 2010, only four trials were reasons) prepared following from 1 January 2007, there for hearing commercial cases, not reached; two were refixed a trial or complex interlocutory had been a rapid increase in although at times other judges to commence within a week. hearing. In 2008, there were the commercial cases issued have willingly assisted with The improved listing processes 42 written judgments, in 2009 in the Court. From 1 July 2008 the workload. have enabled a substantial 105 judgments, and for the to 30 June 2009, the number over-listing of cases leading first six months of 2010, of commercial cases issued Abolition of the to the higher disposal rates. 55 written judgments. almost doubled with the result Practice Court that commercial work increased The Commercial List judges From 1 January 2010, the Case Conferences, acknowledge the valuable work in one year from 25% to Practice Court was abolished. approximately 40% of all Settlement Conferences of the Directions Group (the The commercial work previously and Private Mediations civil initiations in the Court. ‘engine room’ of the Court’s handled by the Practice Court The Commercial List judges civil jurisdiction) under the Fortunately, the rapid increase is now the responsibility of the have, since 2007, conducted supervision of the Civil Listings in commercial initiations stabilised Commercial List duty judge case conferences, settlement Manager, Justin Hargreaves. in 2009–10, although in the nominated for the particular conferences and some judicial Also, the staff of the Banking and Finance Division month. The duty judge deals mediations. Notwithstanding Commercial List judges, (of which Judge Kennedy is with all interlocutory hearings these initiatives, the most over the last two or three years, judge-in-charge), 558 cases and administrative mentions important ADR process have assumed considerable were commenced in 2009–10 and conducts case and employed in the Commercial additional responsibilities in compared with 468 in the settlement conferences. List continues to be private regard to the listing of cases previous year, an increase of The Commercial List judges mediation conducted by a legal and the preparation of 19%. These figures only tell meet regularly to ensure practitioner nominated by the interlocutory orders. This has part of the story – the cases that there is a consistency of parties. Generally, every contested assisted the smooth operation being issued in all divisions approach in the determination case in the Commercial List of the List and resulted in cost of the Commercial List now of interlocutory matters. is referred to mediation. efficiencies to litigants. commonly involve very large As a result, about 98% of cases Judge Anderson would like sums of money and the initiated in the Commercial to particularly thank his determination of complex List are resolved without final associates, Caroline Dawes issues of fact and law. determination by a judge. and Hannah Christensen.

20 Civil Jurisdiction Building Cases Division Notwithstanding a strike-out List, 16 cases were referred n the year under review, application by the plaintiff in to settlement conferences. Judge Shelton was again the July 2009, the trial date was Overall, 140 cases settled IJudge in charge of the Building maintained. The plaintiff’s court at or within 21 days of the Cases Division. There were book comprises twenty-seven settlement conference. 73 new proceedings issued. lever arch folders, including folders of plans. The defendant’s The response from the legal As in the past, Directions profession has been to the Hearings were held on the court book comprises thirty-two lever arch folders. effect that these conferences second and fourth Wednesdays provide a flexible mechanism BUILDING LIST of the month, although for The trial commenced on which enables the parties to AND urgent matters hearings were 15 September 2009 before resolve their disputes early in Alternative arranged at short notice. These Judge Anderson with an the proceedings and thereby Directions Hearings were heard estimate of six weeks, revised to save time and expense. Dispute before Judge Shelton or, in to at least seven weeks on the Resolution the event of his absence from issue of liability alone. After However, the Court’s ability to (ADR) the Court in Melbourne, by eleven days of hearing, the implement a broader range of Commercial List Judges. parties mediated with a former ADR initiatives is limited by the fact that it has funding for As in the past, many matters did Supreme Court Judge and settled their disputes. only one judge across the court not require a Directions Hearing, to engage in ADR. Where more with the matter being dealt with The valuable assistance of the judges offer ADR to parties, ‘on the papers’ through the Directions Group in the processing those judges are in effect administrative mention system. of correspondence and diverted from hearing trials, There continued to be many preparation of orders should be which then has an adverse applications for summary acknowledged. Judge Shelton’s impact on the timeliness of judgment under the Building Associate, Anthony Bastianon, disposal of cases at trial. has been of great assistance in & Construction Industry Security The ADR committee met on of Payment Act 2002. the operation of the Building Cases Division since 1998. a number of occasions during Cases were set down for trial He has an intimate knowledge the year and continued to focus a matter of months ahead. of the operation of the and monitor the progress of Frequently it was necessary to Division and has established achieving 300 interventions by adjourn the initial trial date when an excellent rapport with 31 December 2010. The total it becomes apparent that third practitioners in the area. number of cases are to include parties need to be joined to the general Commercial cases, proceeding. As in the Commercial Family Property and Serious Alternative Dispute Injury Applications. List generally, many matters are Resolution (ADR) resolved at mediation. In addition to case management Private mediation continued All cases were heard on the trial initiatives which were to be used with high success date fixed before either Judge introduced throughout rates as an integral part of case Anderson or Judge Shelton, 2008–09 to encourage parties management in commercial both of whom had considerable to resolve issues in dispute and damages cases. The ADR experience with construction without resort to the court, Coordinator established regular and engineering cases prior to the County Court continued meetings with the Victorian their appointment to the Court. to successfully undertake ADR Bar ADR Committee to improve the manner in which results are conferencing across the entire Above: Judge Shelton A good example of the operation civil jurisdiction in 2009–10. reported to the court. Below: Judge Misso of the Building Cases Division was a dispute concerning The number of cases referred The passing of the Courts contracts for earthworks and to ADR process in the County Legislation Amendment bridgeworks associated with Court continued to increase this (Judicial Resolution Conference) settlement conferences at an the standard gauge rail link financial year. These processes Act 2009 in September 2009 early stage of the proceedings. between Melbourne and Sydney. include case conferences, was a milestone for the use of It is envisaged that if this pilot The contracts were allegedly settlement conferences and ADR in the court. The judicial demonstrates the efficacy of terminated in August 2008 judicial mediation. From July immunity and immunity from early judicial intervention, and and proceedings were issued 2009 to June 2010 a total giving evidence heard or if resources permit, the Court on 11 September 2008. The of 152 cases were referred tendered at any ADR process will make these settlement plaintiff’s claim, as amended, to ADR (given the ADR Pilot including mediation will conferences a regular feature was for sums totalling $4.81 commenced in January 2009 encourage the further use of the management of serious million and the defendant’s a full financial year comparison of judicial dispute resolution injury cases. counter claim, as amended, cannot be made). in the court. The ADR committee will was for sums totalling $14.35 In the Family Property Division, In the coming financial year, monitor the progress of million. Judge Shelton managed 116 cases were listed for the Court is proposing to the pilot and any resource the case after proceedings settlement conferences conduct a further settlement implications for the court. were issued, and at a Directions compared with 55 from January conference pilot in 100 cases in Hearing in March 2009, fixed a to June in 2009. In the General the Serious Injury List (s.134AB trial date for 15 September 2009. Division of the Commercial cases). The pilot will involve

21 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Civil Jurisdiction 21 The Registry Customer Service Survey was conducted in A representative group of October 2009 and provided Associates and Registry staff generally positive feedback began meeting in May 2010 indicating that Court staff are working together to review Jeanne Beaty commenced courteous and responsive and business procedures that in this role in mid-2010. that waiting times for service impact across both work areas. The Judicial Staff Coordinator are acceptable. Meetings are held regularly maintains an important link and a number of procedural with the Chief Judge’s Chambers, issues have been reviewed and Our resources reporting directly to the Chief changes implemented. The Criminal file pilot Judge’s Strategic Advisor. was completed and from An improved structure for the consolidated feedback a new Associates Certificate IV in Government criminal file will be introduced The Learning and Development (Court Services) was in 2010–11. implemented during the year Associates (LDA) were first which included the allocation The Court continued to appointed in April 2008. of supervisors and a rotational participate in preparatory These key roles have proved policy for Trainee Registrars to workshops and meetings to be a huge success, not only complement areas of study. for the Integrated Courts in the induction process for Management System, including all new Associates, but also The Directions Group User Acceptance Testing for the providing on-going support supporting the Administrative Supreme Court implementation and training through changes Mention process was relocated in September 2009. An internal in legislation and technology. Supporting to the Registry area supporting working group of judiciary and the judges improved work practices and staff from across the Court relationships within the Civil commenced in early 2010. b Kate Spillane and of the Court Listings Team. Wendy Collins with CEO and Principal Registrar receive their Two Senior Deputy Registrars Judicial Staff Department of Justice Courts were transferred to the In 2010, the position of Judicial Portfolio awards. Supreme Court to support the Staff Coordinator was created implementation of the Costs in order to provide a Registry Court in early 2010. management position dedicated The Registry continued to provide support to judicial staff, high quality service to Court Reward and Recognition focusing on their training and users and the judiciary, and professional development in Kate Spillane, Wendy Collins their staff throughout the year. order to ensure a high level of and Melanie McClure each support is maintained for all received a Department of the Judges of the Court. Our people – working together Justice Courts Portfolio Award The role of Circuit Court Liaison for their work implementing Officer was introduced to the the Criminal Procedure Act Registry in January 2010 providing and improvements to the support to Registrars in regional Certificate IV; both important c Melanie McClure receives Victoria undertaking Registry changes for the Court. a Department of Justice services on behalf of the Courts Portfolio award County Court; coordinating the ‘For outstanding contribution Circuit and Senior in people leadership and Court’s annual circuit sittings; Registrar Conference and, reviewing and overseeing commitment to staff A successful conference was the quality of circuit data. development and training’. held in November 2009 for Judge Rizkalla and Circuit and Senior Registrars. b Enhancing communication Judge Pullen with across work areas was a key The Chief Judge and Judges circuit Registrars. focus for Registry during the in charge of regional lists year and a formal induction and the sexual offences list process for new Associates was participated. The conference developed enabling time to included several workshops be spent with staff observing discussing areas of action from Registry functions. Informal the circuit review, including induction programs were also listing practices and data conducted for circuit court management. staff. The programs support relationship building and have Our Services been positively received. The Registry introduced EFTPOS and credit card facilities for Court users, and made the File Search area and facilities more accessible, saving users time.

22 Supporting the Judges of the Court The Induction Programme a comprehensive decisions • cardboard collection for Tipstaves was widened to collection In January 2009, the Criminal • year-long trial period of formally include support and Procedure Act 2009 was • introduction of a process plants in the judicial area administrative areas of the Court. implemented and created a to commence publishing • audit of lighting in court challenging time across the the Court’s civil judgments rooms whole court. The LDA’s were able Research Unit to the Australasian Legal to provide support and guidance The Research Unit undertook Information Institute’s • breakfast on the forecourt to the associates reflecting a broad range of research website (Austlii) for ride to work day the changes, and how the act work for the Judges and other • introduction of a specific impacted on the associates’ roles. officers of the court. • notice boards in the collection subset to support judicial area Approximately 40 new associates Queries were directed to all the Judges of the Commercial • celebration of World have received induction training aspects of the Court’s jurisdiction. List and continued to provide Environment Day with through 2009–10. The two week The unit synthesized relevant law, resource and research support presentation of rulers made induction program includes often from multiple jurisdictions to the Court’s Judges and from recycled materials to various modalities of learning, and within short timeframes, Administration staff judicial officers and staff. enabling the new associate to inform decision-making. • continuation of the to commence with their own strategic program to Judge after the second week. The Evidence Act 2008 and Facility Management migrate traditional library The induction programs are Criminal Procedure Act 2009 The Chief Judge, CEO and services to an on-line continually updated and were significant changes. The Judges extend their thanks service delivery platform. improved to accommodated unit assisted Judges arrange to the General Manager, changes within the role and additional workshops on issues Ian Grummitt and his staff reflect individual training needs. arising under these Acts. Upon Environment Committee at The Liberty Group for the commencement, a focus was Arising from the waste audit efficient service provided by The Associates Seminar held their applicability to individual conducted in the previous year, TLG and their service partners on 24–26 March 2010 was a cases or situations. the County Court Environment during the year. well attended event. Guest Committee’s primary initiative speakers included: Nathan The unit provided alerts about This is the eighth year of the relevant legislative reform such in 2009–10 was the rollout of Baldwinson and Julien Freeland a co-mingling waste system in contract with The Liberty Group – DOJ Environment Committee; as the Accident Compensation (TLG) to manage the County Amendment Act 2010 and the September 2009. In collaboration Dr Lauren Gradstein – Senior with Honeywell, Facility Managers Court facility. TLG continues to Psychologist Office of Corrections Serious Sex Offenders (Supervision demonstrate the value of the and Detention) Act 2009. for the building owners TLG (Progress on Sex Offenders the general waste bins were partnership with the Court. Program); Paul Smallwood – The unit assisted the work of removed from work station areas The responsiveness of TLG Interlocutory Appeals; Court committees including and replaced with a co-mingle and its service partners – Emma Stevens – Court Network; the Professional Development system incorporating landfill Honeywell, G4S and Interform Sebastian Zita and Melissa Saliba Committee; and with substantive and recycle waste sorting in – is always, timely, friendly and – Court Services Unit and and logistical preparation for bins placed strategically in solution-focussed. Ray Dickinson – Central Records. the Judges’ Annual Seminar. work areas. The rollout was It also provided training to Judge’s accompanied by signage Court Usage Tipstaves associates on JOIN and other to assist in waste sorting, For the year ending 30 June In 2010 a three day Seminar was relevant knowledge sources. adjustments to the placement 2010, a total of 601 more days held in March for Court Tipstaves. of bins and encouragement were used than reserved. This The activities were wide ranging Information Services by environment committee figure includes usage by the members during the rollout. and included, Environment Information Services Coroners’ Court of 100 days Issues in the Court, Computer and third party bookings of manages and maintains the Other initiatives during updates, in-court Technology, 314 days. Court usage by the Court’s hard copy and online the year included: Digital presentation, Business reference library. Significant Supreme Court totalled 189 days. & Workforce Planning, a lively achievements during the • plants in the registry open forum, and concluded reporting year include: with a Luncheon with Associates. Monthly Reservation • implementation of Monthly Usage Tipstaff Workforce Planning the Integrated Library 900 was carried out in the first Management System (ILMS) two months of the year. This that allows information 800 involved 11 tipstaves of diverse services staff to centrally 700 experience from 2 to 27 years manage the Court’s including the Senior and Judgments and Sentences 600 Deputy Senior Tipstaff. A wide range of topics were discussed • expansion of the ILMS data- 500 and devolved to three projects set to track appeals from the 400 – Training Tipstaves, Associates County Court to the Court of Appeal, adding information to and 1st and 2nd Associates, 300 Tipstaff Computer Skills, and capture cases and legislation Information for School Groups. cited to improve records 200 Jul 09 Aug Sep Oct Nov Dec Jan 10 Feb Mar Apr May Jun These projects were carried out discovery and receiving the necessary content to build and completed by end of June. Court Usage 2009–10

23 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Supporting the Judges of the Court 23 Boards Judges

Adult Parole Board Judge Douglas Judge Rizkalla

Forensic Leave Panel Judge Davis Judge Gaynor Judge Howard Judge Jenkins Judge Pullen

Judicial College of Victoria Board Chief Judge Rozenes

Victorian Law Reform Commission Judge Hampel

Youth Parole Board and Judge M Bourke (Chair) Youth Residential Board Judge Howie

Councils, Committees and Reference Groups Judges

Judges’ Adoptions Committee Judge Pullen (Chair) Contribution Judge Kennedy to Judicial Professional Appeal Costs Act Committee Chief Judge Rozenes Bodies and Judge Punshon Organisations Bail Reform Steering Committee Judge Morrish Child Witness Service Advisory Committee Judge Sexton Judge Mullaly

Child Witness Workshop Committee Judge Sexton

Cost Coordination Committee Chief Judge Rozenes Judge O’Neill

Council of Judges All County Court Judges

Council of Judges Executive Committee Chief Judge Rozenes Judge Anderson Judge Bowman Judge Davis Judge Hampel Judge Lacava Judge McInerney Judge O’Neill Judge Rizkalla Judge Pullen Judge Punshon Judge Sexton (Jun–Dec 2009) Judge Taft Judge Wilmoth

Courts Consultative Committee Chief Judge Rozenes Judge Coate Judge Grant

County Court Administration Group Chief Judge Rozenes Judge Bowman

County Court Security Meeting Chief Judge Rozenes Judge Bowman

Criminal Justice Steering Committee Chief Judge Rozenes Judge Punshon Judge Taft

24 Judges’ Contribution to Judicial Professional Bodies and Organisations Councils, Committees and Reference Groups Judges

Editorial Procedure Project, Editorial and Steering Committee Judge Hannan Judge Howard Judge Taft

Emergency Management Planning and Recovery Committee Chief Judge Rozenes Judge Bowman

Integrated Courts Management System Judicial Committee Chief Judge Rozenes Judge Coate

Integrated Courts Management System Working Group Judge Jenkins (Chair) Judge Cohen Judge Ginnane

IT Committee Judge Jenkins

Judicial Assistance Committee Judge Campton

Judicial Conduct Working Group Judge McInerney

Judicial Conference of Australia, Governing Council Judge McInerney (Representative) Judge Lewitan (Alternate)

Judicial Management Group Chief Judge Rozenes Judge Anderson Judge Bowman Judge Davis Judge Howard (Jun–Dec 2009) Judge Punshon Judge Taft (from Jan 2010)

Judicial Officers Information Network Management Committee Judge Ginanne

Judicial Remuneration Tribunal Chief Judge Rozenes Judge Wood Judge McInerney

Koori Court Reference Group Chief Judge Rozenes Judge Smallwood Judge Gaynor Judge Grant Judge Lawson Judge Parsons

Latrobe University Law School Board Judge Kennedy

Law Reform Committee Judge Hampel (Chair) Judge Bowman Judge M Bourke Judge Coish

Media Committee Judge Millane (Chair) Chief Judge Rozenes Judge Gaynor Judge Gucciardo Judge Mason Judge Saccardo Judge Shelton Judge Wilmoth

Monash University Law School Foundation Board Chief Judge Rozenes

Occupational Health and Safety Committee Judge McInerney (Chair) Judge Wischusen

25 Judges’ Contribution to Judicial Professional Bodies and Organisations 25 Councils, Committees and Reference Groups Judges

Professional Development Committee Judge Wilmoth (Chair) Judge Anderson Judge Cohen Judge Hampel Judge Ginnane Judge Mullaly

Rules Committee Judge Misso (Chair) Judge Cohen Judge Coish Judge Murphy Judge Taft

Scale of Costs Review Committee Judge O’Neill (Chair) Judge Anderson Judges’ Judge Saccardo Contribution Judge Cohen to Judicial Judge Shelton Professional Sexual Assault Advisory Committee Chief Judge Rozenes Bodies and Judge Pullen Organisations Judge Sexton (cont’D) Supreme Court Litigation Committee Judge Anderson Judge Davis

Victoria Legal Aid Communities Consultative Committee Judge Gaynor

Victorian Institute of Forensic Medicine Judge Coate Judge Sexton

Wellness Committee Judge Campton (Chair) Judge Nicholson

Court User Groups Judges

Banking and Finance User Group Judge Kennedy

Building List User Group Judge Shelton

Commercial List User Group Judge Anderson (Chair) Judge Kennedy Judge Lewitan Judge Ginnane

Criminal Users Group Chief Judge Rozenes (Chair) Judge Rizkalla Judge Sexton Judge Pullen Judge Punshon Judge Howard (Jun–Dec 2009) Judge Taft (from Jan 2010)

Medical List User Group Meeting Judge Lawson (Chair) Judge Saccardo

Serious Injury Applications User Group Judge Davis (Chair) Judge K Bourke Judge Misso Judge Saccardo

Sex Offences List User Group Judge Pullen (Chair) Judge Gaynor

26 Judges’ Contribution to Judicial Professional Bodies and Organisations On appointment, all Judges participate in a Judicial Induction program.

s part of its ongoing commitment to Judicial Aexcellence and accordance The Judicial with the relevant legislation, Induction Programme Judges of the County Court 8–13 November 2009, Glenelg attended a number of professional 18–23 April 2010, Broadbeach Attendance at Conferences development activities, including On appointment to the County the Judges’ Annual Seminar, Court, Judges participate in AIJA Indigenous Courts programs run by the Judicial Conference the two week orientation College of Victoria and a program which is designed to 5–7 August 2009, Rockhampton number of conferences and give then an understanding of This conference was designed seminars run by a variety of how the Court operates as well to provide a forum for discussion judicial organisations. as providing support for the on specific procedures for dealing transition into a new role. with indigenous offenders in County Court Annual Australia and overseas, including Council of Judges Seminar The program includes guidance specialist courts and to provide The 2010 County Court Judges’ from experienced Judges in and opportunity for those Seminar was held at the Moonah various aspects of the judicial involved in the administration Judicial Links Resort on the Mornington role as well as information on of these procedures to exchange Professional Peninsula from 24–26 March. the support services provided information, experiences and Development The seminar provides an by court administration. views as to their efficacy. This important opportunity for In addition to the internal conference was attended by the judges to hear about and induction program, newly one Judge of the County Court. discuss new developments appointed Judges also and challenges in the law participate in the National JCA Colloquium in a collegiate atmosphere. Judicial Orientation Program, 9–11 October 2009, Melbourne In 2010, the seminar included which is organised by the The Judicial Conference of sessions on a wide range of National Judicial College of Australia is committed to issues in criminal and civil Australia. This four day program maintaining a strong and jurisdictions of the court, provides an opportunity for independent judiciary within a including sentencing trends, new Judges to hear and learn democratic society that adheres managing and assisting juries, from their more experienced to the rule of law. Each year the serious injury applications and colleagues in a range of areas Conference hosts a Colloquium domestic partnership disputes. including judicial conduct and which highlights a number of There were also a number on ethics, court craft, courtroom topical issues for discussion sessions on the Evidence Act control and communication, by its members. In 2010, 2008, covering areas such as judgement writing and cultural papers were presented by the hearsay and tendency and barriers in the courtroom. Chief Justice of the Supreme coincidence evidence as well In 2009–10, Judge Ginanne, Court of Victoria on ‘The Duty as the conduct of civil trials. Judge Mulally, Judge Kings, Owed to the Court’ and by Judge Parrish and Professor Bruce Chapman of the Judge Montgomery all Australian National University attended the National on ‘The Global Financial Crisis Judicial Orientation Program. and the Legal System’. This Chief Judge Rozenes also colloquium was attended by attended as a guest speaker. five Judges of the County Court.

Judicial College of Victoria Throughout 2009–10, the Judges of the Court have continued to attend workshops, seminars and programs developed and run by the Judicial College of Victoria in a wide variety of areas.

Judicial Professional Development 27 Jury management, Sentencing Conference 2010 6–7 February 2010, Canberra sentencing and This conference brought judicial court technology officers, academics and legal practitioners together on a were discussed at wide range of substantive and several conferences procedural sentencing issues including sentencing for particular throughout the year. crimes (hate crimes, arson and rape), sentencing by video link and informing the public on sentencing issues. This Judicial conference was attended by International Association Professional 4th International Conference two Judges of the County Court. of Women Judges – on Training the Judiciary 10th Bienneal Development 29–30 October 2009, Sydney International Conference Mental Health Issues and the (cont’D) The theme of this conference Administration of Justice 11–15 May 2010, Seoul, South Korea was ‘Justice Through Judicial 18–20 February 2010, Professional Development’. Auckland, New Zealand The theme of the IAWJ’s The two main areas covered conference was ‘Judicial This conference was were effective educational Challenges in a Changing concerned with presenting methodologies for judges, World’. The conference varying perspectives on the including e-learning, brought together Judges myriad of mental health issues technological resources and from Africa, North and South which feature so prominently the establishment and running America, Europe and Australia in the administration of justice of judicial education bodies to consider and discuss the including: guardianship and and managing the workload challenges that will face them administration; sentencing of of a judge, dealing with the in the future. Sessions where offenders with mental illness, knowledge and skills required held on topics as diverse as loneliness and social problems; to carry out the judicial role. in ‘The Challenge of Technology, and, mental illness in prisons. the best possible manner. This the Environment and Courts’ This conference was attended conference was attended by and ‘Judicial Responses to the by two Judges of the two Judges of the County Court. Scourge of Human Trafficking’. County Court. This conference was attended Jury Management Program by four Judges of the 7–8 September 2009, Adelaide County Court. The main aim of the program was to provide a forum for an exchange of views – judges learning by hearing what approaches are taken by others – interspersed with sessions led by non participants such as a psychologist, and academics with expertise in this area. This conference was attended by three Judges of the County Court.

28 Judicial Professional Development Date Program Date Program

21 July 2009 Trial Methodology 10–12 February 2010 Judicial Orientation

6 August 2009 Court Craft: 360 Degree Feedback 12 February 2010 Judicial Leadership

7 August 2009 The New Criminal Procedure Act 26 February 2010 Hearsay and Admissions

11 August 2009 Coroners Series: Preparing 2 March 2010 Aboriginal Culture and Language for an Inquest 3 March 2010 Coroners Series: Chambers Findings 26–28 August 2009 Judgement Writing and Suppression Orders

4 September 2009 The Judge’s Role in Assisting with 5 March 2010 Visit to Victorian Forensic Science Juror Comprehension Centre

8 September 2009 Koori Twilight: Lateral and Family 19 March 2010 Making Sense of Legislation Violence within Indigenous Communities 9 April 2010 Prison Visit

17–18 September 2009 Logic and Legal Reasoning 14 April 2010 Coroners Series: The Life of a Coroner in Judicial Decision-Making – The Good, the Bad and the Ugly

21–22 September 2009 Ethics and Obligations in Judicial 16 April 2010 Privilege Intensive Decision Making 22–23 April 2010 Oral Decisions 2 October 2009 Emerging Issues in Expert Evidence 28–30 April 2010 Coroners Intensive 5 October 2009 Supreme Court Seminar – Professor Marilyn Lake 5 May 2010 Coroners Series: Jurisdictional Issues in Child Death Investigations 8–9 October 2009 Judicial Settlement Conferencing 14 May 2010 Self-Represented Litigants – 15 October 2009 Developments in Contract The Challenges

16 October 2009 Tendency and Coincidence 20 May 2010 Sentencing Elderly, Infirm and Mentally Impaired Offenders 16 October 2009 Coroners Series: The Changing Tide of Coronial Work – Inquest Law and 28 May 2010 Tendency, Coincidence, Credibility Practice under the Coroners Act 2008 and Character

22–23 October 2009 Advanced Leadership 11 June 2010 Experience of Refugees

23 October 2009 Character and Credibility 18 June 2010 Visit to Thomas Embling Hospital

26 October 2009 Coroners Series: Findings Writings 25 June 2010 Sexual Assault: Managing the Demands of the Judicial Role 30 October 2009 Relevance and Admissibility

30 October 2009 Court Craft: Communication in the Courtroom

13 November 2009 Child and Cognitively Impaired Witnesses

13 November 2009 Hearsay in the Criminal Jurisdiction

14 November 2009 Koori River Walk

20 November 2009 Self Represented Litigants

20 November 2009 JCV Expert Evidence Video

27 November 2009 Tendency and Coincidence, Indemnity Certificates

4 December 2009 Unfavourable Witnesses

29 Judges of the County Court Report of the Chief Judge Vision and Values Report of the Chief Executive Officer The County Court in Regional Victoria Judicial Professional Development 29 The Jurisdiction of the Court As the major trial Court in Victoria, the Court’s jurisdiction The County Court County Court is as follows: is the principal trial Rules Committee The Rule changes for the period Criminal Jurisdiction court in Victoria. 1 July 2009 to 30 June 2010 were: The County Court can hear County Court all indictable offences, except (Costs Court Amendment) , murder and related Rules 2009 (S.R. 182/2009) offences. The broad ranges of Matters considered by the The object of these Rules offences dealt with include Council of Judges included was to amend the Chapter serious theft, armed robbery, media policies and practices, I of the Rules of the County drug trafficking, sexual management of circuit, changes Court as a consequence of the offences, fraud and dishonesty to the operation of the criminal establishment of the Costs offences, culpable driving, jurisdiction and rule changes. Court in the Supreme Court serious assault and income by the Courts Legislation and sales tax offences. The Amendment (Costs Court majority of offences arise under Executive Committee and Other Matters) Act 2008. Victorian legislation, however of the Council of Judges The Executive Committee of the Court also deals with a County Court GOVERNANCE the Council of Judges supports number of offences under (Chapter I Amendment No. 1) the Council of Judges and the OF THE COURT Commonwealth legislation. Rules 2009 (S.R. No. 184/2009) Chief Judge in the judicial administration of the Court. The object of these Rules was Civil Jurisdiction In 2009–10, the members of to substitute an increased scale The County Court has unlimited the Executive Committee were of costs to the County Court Constitution of jurisdiction in all civil matters. the Chief Judge, Judge Bowman Civil Procedure Rules 2008. the County Court Cases heard in this jurisdiction (Chair), Judge Anderson, This was effected by a Under section 4 of the County include commercial matters, Judge Davis, Judge Hampel, substitution of Appendix A. building disputes and damages Court Act 1958, the County Judge Howard (June–December County Court Court is constituted by the arising from a wide range of 2009), Judge Lacava, incidents including medical Criminal Procedure Chief Judge, Judges of the Judge McInerney, Judge O’Neill, Rules 2009 (S.R. No. 183/2009) County Court and the Registrar negligence, serious injury Judge Pullen (from February of the Court. The judicial and defamation. The Court 2010), Judge Punshon, The object of these Rules administration of the Court is has original jurisdiction in Judge Rizkalla, Judge Sexton was to provide for the practice the responsibility of the Council Workcover matters. (June–December 2009), and procedure for criminal of Judges, which includes all Judge Taft (from February proceedings in the County Judges of the Court, including Criminal Appeals 2010) and Judge Wilmoth. The Court. These Rules may be cited as the County Court Criminal Acting Judges appointed after The Court hears appeals from Committee meetings monthly. Procedure Rules 2009 and the commencement of section the criminal jurisdiction of constitute Chapter III of the seven of the Courts Legislation the Magistrates’ Court and the Judicial Rules of the County Court. (Judicial Appointments and criminal and family divisions Management Group Other Amendments) Act 2005. of the Children’s Court. The Judicial Management County Court Group supports the Chief Judge (Evidence Amendments) Adoption and Change of Name in dealing with immediate Rules 2009 (S.R. No. 185/2009) The Court has jurisdiction to issues, and discusses policy The object of these Rules was to make orders relating to adoption and strategic planning issues. amend Chapter I and Chapter II and the change of name. In 2009–10, the members of of the Rules of the County Court the Judicial Management Group as a consequence of the enactment Council of Judges were Chief Judge Rozenes, of the Evidence Act 2008. Judge Bowman (Administration Pursuant to section 87(1) of judge), Judge Punshon, the County Court Act 1958 the Judge Howard (June–December Council of Judges is required 2009) and Judge Taft (from to meet at least once per year February 2010) (representing to consider the Act and the the criminal jurisdiction), Rules, the duties of the offices Judge Anderson and of the Court and to consider Judge Davis (representing the system of procedure and the civil jurisdiction), the Chief administration. The Council of Executive Officer, Evi Kadar, Judges met on three occasions and the Principal Registrar in 2009–10. Katie O’Keeffe.

30 Governance of the Court he Operating Statement Collection of Fines and Fees 2009–10 2008–09 and Financial Governance $ $ sets out the revenue T Court Fines 5,904,941 422,302 (in the form of fines and fees collected) and operational Court Fees 6,576,477 6,511,351 expenditure of the Court for the year ended 30 June 2010, Court Photocopy Fees 1,401,471 1,186,284 including comparisons with Revenue 13,882,889 8,119,937 2008–09 (see right and below).

Victorian Government Departments are required to $13,882,889 produce their annual reports Court Fines in accordance with Standing Direction 4 Financial Management Court Fees Reporting of the Financial Court Photocopy Fees Management Act 1994. Information from entities of the Department of Justice, such $8,119,937 as the Court, are consolidated into the Department of Justice Annual Report.

Special Appropriations The Judicial Remuneration Tribunal (JRT) recommendation for a salary increase for Judges was implemented. 2009–10 2008–09 The Annual Appropriations Collection of Fines and Fees (Consolidated Funds) Operating The impact of the Victorian Public 2008–09 and 2009–10 Statement Service Agreement 2006 provided for a general salary increase. and Financial Governance Actual Annual Appropriation expenditure was $16.7m. Zero variance to Budget which was also $16.7m. Operational Expenditure 2009–10 2008–09 $ $ Amortisation and Depreciation Judicial Salaries and On-Costs 21,987,596 20,813,823 Amortisation includes a cost Output Expenditure, comprising: component for Finance Lease • Staff Salaries and On-Costs 12,357,825 11,891,661 Repayments, Motor Vehicles. For the financial year 2009–10, • Operating Costs 3,789,358 3,985,756 the cost was $551,304 Amortisation and Depreciation 570,648 489,981 compared with $471,728 for the previous financial year. Total Operational Expenditure 38,705,427 37,181,221

$21,987,596 $20,813,823 2009–10

2008–09

$12,357,825 $11,891,661

$3,789,358 $3,985,756

$570,648 $489,981

Judicial Salaries Staff Salaries Operating Costs Amortisation and On-Costs and On-Costs and Depreciation

Operating Expenditure 2008–09 and 2009–10

Operating Statement and Financial Governance 31 A summary of key projects Engagement and follows: efficiency are the Delay Reduction Court’s focus for Review court processes to next year. identify current practises that can be streamlined or overhauled with the result of reducing trial delay and increasing the volume of cases finalised. Community Engagement Collaborate with communities Civil Jurisdiction in regional locations to Develop operational models undertake a range of activities for the Court consistent with designed to promote the introduction of the Civil understanding and awareness Procedure Act 2010 to improve of the Court’s role and remit Court processes in the Civil within the justice system. jurisdiction. LOOKING County Koori Court ahead Problem Solving Courts Build on the partnership with Promote and evaluate the Wuggango Nyalu and identify Mental Health Practitioner new areas for partnership and project and the Sex Offender collaboration between the Court, Clinical Assessment pilot. Elders and the communities he Court’s adoption of in the Gippsland area. the Internal Framework Risk Management and for Court Excellence T Business Continuity Staff Recognition will provide the context for Undertake a review of the and Reward the Court’s strategic plan and Court’s risk strategies to activities for the year ahead. Develop a Staff Recognition develop a risk management Service Awards to acknowledge Efficiency within court operations plan appropriate for the Court’s staff contribution and and engagement with the operational environment. commitment. community will be cornerstones Plan for emergencies to of the Court’s business plan reduce impact of disruption Judicial and for 2009–10. to Court schedules. staff wellbeing Introduce a Peer Support A full list of the Court’s activities Website upgrade is available on our website, Program for Judges and staff. Upgrade the Court’s online presence by building a site that becomes a useful resource for teachers, students, and the public while improving the online service the Court offers practitioners and litigants.

32 Looking Ahead Original Sculpture: William Eicholtz, 2002 The County Court Logo is based on the Lady of Justice Sculpture created by William Eicholtz, 2002.

Photo Credits Anna Bolger; Simon Leo Brown, 774 ABC Melbourne; Max Deliopolous; Katie O’Keeffe; TAC.

Printed on a SUSTAINABLE product, from a SUSTAINABLE process. 250 William Street, Melbourne, Victoria 3000 Telephone: 8636 6510