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Supreme Court of Victoria 2007–2008 Annual Report Contents

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Supreme Court of Victoria 2007–2008 Annual Report Contents Supreme Court of Victoria 2007–2008 ANNUAL REPORT CONTENTS Chief Justice’s report 2 Who we are – an overview 3 The Court of Appeal 4 The Trial Division 4 Judges and Masters 5 What we do – our year in review 6 The Court of Appeal 7 The Trial Division 10 Report of the Masters 23 Senior Master’s LETTER TO THE GOVERNOR (Funds in Court) Office 25 June 2009 Reports from To His Excellency Professor David de Kretser AC the wider Court 27 Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia Judicial Training 28 Dear Governor Court Administration 29 We, the Judges of the Supreme Court of Victoria have the honour to present Supreme Court our Annual Report pursuant to the provisions of the Supreme Court Act 1986 Registry 30 with respect to the financial year of 1 July 2007 to 30 June 2008. Juries Commissioner 33 Yours sincerely Library 34 Board of Examiners 34 Adult Parole Board 35 Marilyn L Warren AC Forensic Leave Panel 35 Chief Justice of Victoria Finance report 36 C Maxwell, P D Byrne, J K W S Hargrave, J P Buchanan, J A D L Harper, J B J King, J Glossary 37 F H R Vincent, J A H R Hansen, J A L Cavanough, J G A A Nettle, J A P Mandie, J E H Curtain, J Appendix 39 D J Ashley, J A B D Bongiorno, J G Pagone, J M A Neave, J A D J Habersberger, J P Coghlan, J Judicial activity 39 R F Redlich, J A R S Osborn, J R Robson, J M B Kellam, J A K M Williams, J J Forrest, J J A Dodds-Streeton, J A S Kaye, J L Lasry, J M Weinberg, J A S Whelan, J P Vickery, J P D Cummins, J E Hollingworth, J E Kyrou, J T H Smith, J K H Bell, J D Beach, J 2007-08 Highlights WEB StreAMIng COUrtS 14 AND 15 COUrt 4 reFURBISheD RegIStrY renovATIonS New MEDIATIon Centre The Court commenced a OPeneD On 7 April 2008 the newly The Principal Registry The Supreme Court Mediation pilot web-streaming project The newly constructed courts refurbished Court 4 was (Trial Division and Probate) Centre was officially opened of ceremonial sittings and 14 and 15 were opened re-opened by the Honourable underwent a significant but by the Honourable Rob Hulls admission sittings in August in November 2007 by the Marilyn Warren, Chief Justice disruptive series of renovations Attorney General of Victoria 2007. The streaming was Honourable Marilyn Warren of Victoria, and the Honourable during the reporting period. on 4 March 2008. Work on the warmly received by the AC, Chief Justice of Victoria Rob Hulls, Attorney General of The renovations involved the centre began when the Court profession and the public alike. and the Honourable Rob Hulls, Victoria. In stark contrast to the creation of the subpoenaed successfully secured the The Court secured a grant from Attorney General of Victoria. simple, white décor of Court 1, document store, the redesign of necessary space for the project the Victoria Law Foundation The Courts’ modern décor is Court 4 is highly ornate. large office spaces for increased in its Lonsdale Street premises. to purchase the necessary in stark contrast to the other efficiency, the establishment of The Masters, the Alternative The opening of Court 4 is equipment to make streaming courts in the Supreme Court a training room and conference Dispute Resolution (ADR) available for viewing at the a permanent feature of the way Building complex and is fully room, the redesign of the Committee and other interested Supreme Court website at the Court is opened to the world compliant with disability access Self-Represented Litigants’ groups contributed to the design www.supremecourt.vic.gov.au for business. Streaming of all requirements. Court 15 is ideal Coordinator’s office, and the layout and fit-out plan for the ceremonial sittings, including for large commercial cases renovation of the public counter centre. The centre features farewells, welcomes, the with ample space for temporary and waiting area in the Registry. mediation rooms, where all appointment of senior counsel shelves, extra bar tables and master-led mediations are as well as other special sittings transcript services. Significant now conducted. at the Court, is now available effort was devoted to training from the Supreme Court website staff in the new technology of at www.supremecourt.vic.gov.au the courts. 1 OF 44 PAgeS Chief Justice’s Report This year the Supreme Court has Consistent with the Supreme Court This affects the capacity of the Court to The highest court of the State would continued to seize the initiative. approach of internally initiated reform, provide high quality, efficient service to operate then across two sites in close The Court introduced many judge-led the Court of Appeal has introduced the community. proximity within the Melbourne legal reforms. Importantly, the changes have appeal mediations, procedural change and The Supreme Court is a critical precinct – the restored heritage building contributed to a reduction in delays. In reduced the size of appellate panels from component of Victorian infrastructure. and a nearby modern world-class the coming year the reforms, supported three to two judges in most sentencing The community needs an accessible, building. by additional resources announced by the appeals and many serious injury appeals. efficient and safe court environment The new complex would complement Government in the 2008 State Budget, The latter is a pragmatic measure taken to accommodate the serious civil and the redevelopment of other Supreme and will show excellent results. by the judges to cope with delays. It criminal cases the court hears. The Federal Courts, on which substantial enables more appeals to be heard more The judges and I are appreciative of business community needs to feel amounts have been invested. It is quickly, but only by adding further to the confident that its disputes are decided in important for the community and the support from the Attorney-General workload of individual judges. and the Victorian Government. This a modern and innovative complex. the Victorian business sector that the support has enabled us to expand our Delays in the Court of Appeal will In the last two years Government has buildings of the highest court of the State modernisation of the Supreme Court. feature prominently in the next report. spent over $22 million on refurbishing be of a comparable standard. On the horizon for the next reporting As noted last year, the most challenging and restoring many parts of the heritage A new building would take four to five year, delays will be identified in only problem for the Supreme Court remains significance of the main Supreme Court years to open. That means by 2014 at one area, the Court of Appeal. Despite its building complex: building. It was the first phase of our the earliest. The projected Victorian the confinement of the problem it is • The public are compelled to attend for re-development. However, the project is population growth, combined with troubling. Essentially, the delays are jury service in unsatisfactory conditions. only half done. current Supreme Court business trends, suggest the building problems will grow. arising from two factors beyond our • Access for persons with disabilities is Our difficulties across five buildings - control. First, significantly increased difficult and, in some areas, impossible. public access and discomfort, safety and The judges and I will continue to work criminal trials in the County Court with fragmentation - remain. with the Government to secure a safe, • Parts of the complex create a commensurate increase in criminal Any re-development of the court is modern and efficient complex for the appeals. Secondly, the effect of the High challenging occupational health and Victorian community, which the judges safety problems for the public and restricted by heritage constraints that lie Court judgment in the serious injury over the complex. We are reconciled, and I are privileged to serve. Dwyer v Calco Accident court staff. case under the therefore, to operating across a split Compensation Act . As a result of the • Supreme Court criminal trials are complex. The challenge is to reduce the decision, multiple appellate judges now routinely held in the new County Court degree of fragmentation and improve the determine as if at trial issues that should building due to court room shortages or quality of the environment. be heard in most cases by a single County unsuitability and security concerns. Court judge. This will remain the The Supreme Court has developed, with position until the Act is changed. The • Those who work in the Court, and the Government’s assistance, a suitable The Hon Marilyn Warren AC judges and I have pressed for amending those involved in litigation in the Court, building opportunity. It would be Chief Justice of the Supreme Court of Victoria legislation to rectify the problem. are scattered across five buildings split capable of commencement quickly. by a major Melbourne street. 2 OF 44 PAgeS WHO WE are An Overview The SUPreme COUrt OF VIctorIA IS the SUPerIor coUrt IN the StAte. ESTABLISheD UNDer S. 75 OF the CONSTITUTION ACT 1975, IT IS DIVIDED Into the COUrt OF APPEAL AND the TRIAL DIVISIon. The COUrt comPRISES the CHIEF JUSTIce, PreSIDent OF the COUrt OF APPEAL, 36 JUDgeS AND NIne MASterS, SUPPorteD BY Some 240 ADMINIStrATIve STAFF. 3 OF 44 PAgeS WHO WE ARE – AN OVERVIEW The Court of Appeal The Trial Division The Court of Appeal was established under the Constitution (Court of Appeal) Act 1994 The Trial Division consists of the Chief Justice and approximately 30 other Judges.
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