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. and commenced on 7 June 1995. The Court of Appeal is a division of the Supreme Masters assist these Judges in discharging the civil work of the Trial Division. It Court and comprises the Chief Justice, the President, and currently nine Judges of comprises three divisions: Appeal, plus any additional Judges of Appeal appointed or acting under s80B of the • the Commercial and Equity Division; Constitution Act 1975. • the Common Law Division; and The Court of Appeal hears appeals from Criminal and Civil trials heard by Judges of the Supreme Court and the County Court. It also hears some appeals from proceedings • the Criminal Division. which have come before the Victorian Civil and Administrative Tribunal (VCAT) and Proceedings are entered into one of these divisions. Each division has a Head of other Tribunals. Division – a Judge who manages the work of the division in addition to his or her Procedure before the Court is governed by Acts of Parliament, Rules of Court and judicial duties. Practice Statements. Some appeals require leave of a Judge or leave of the Court of There are a number of ‘Specialist Lists’ within the Civil Division. These lists are each Appeal before a Notice of Appeal can be filed. assigned a judge who is responsible for the work of that list. The Judge in charge gives directions to the parties from the early stages of the proceedings and will usually conduct the trial proceedings in the list. The types of cases heard and determined by the Trial Division include: • all cases of treason, murder, attempted murder and other major criminal matters; • civil cases involving large claims; • some appeals and reviews of decisions of lower courts and tribunals; and • various other cases, such as applications for bail, winding up of companies, probate business and urgent applications for injunctions.
4 of 44 pages WHO WE ARE – AN OVERVIEW Judges and Masters Chief Justice The Honourable Justice Robert Stanley Osborn: 9 May 2002 – present The Honourable Justice Julie Anne Dodds-Streeton: 23 July 2002 – 7 August 2007 The Honourable Justice Marilyn Louise Warren AC: (1998*) 26 November 2003 – present The Honourable Justice Katharine Mary Williams: 25 October 2002 – present President of the Court of Appeal The Honourable Justice Stephen William Kaye: 16 December 2003 – present The Honourable Justice Chris Maxwell: 18 July 2005 – present The Honourable Justice Simon Paul Whelan: 17 March 2004 – present The Honourable Justice Elizabeth Jane Hollingworth: 7 June 2004 – present Judges of the Court of Appeal The Honourable Justice Kevin Harcourt Bell: 10 February 2005 – present The Honourable Justice Peter Buchanan: 28 October 1997 – present The Honourable Justice Kim William Spencer Hargrave: 18 March 2005 – present The Honourable Justice Alex Chernov AO: (1997*) 13 October 1998 – 29 February 2008 The Honourable Justice Betty June King: 21 June 2005 – present The Honourable Justice Frank Hollis Rivers Vincent AO: (1985*) 12 June 2001 – present The Honourable Justice Anthony Lewis Cavanough: 8 May 2006 – present The Honourable Justice Geoffrey Michael Eames: (1992*) 15 March 2002 – 27 July 2007 The Honourable Justice Elizabeth Helen Curtain: 3 October 2006 – present The Honourable Justice Geoffrey Arthur Akeroyd Nettle: (2002*) 8 June 2004 – present The Honourable Justice Gaetano Pagone: 24 May 2007 – present The Honourable Justice David John Ashley: (1990*) 21 June 2004 – present The Honourable Justice Paul Anthony Coghlan: 8 August 2007 – present The Honourable Justice Marcia Ann Neave AO: 27 February 2006 - present The Honourable Justice Ross McKenzie Robson: 8 August 2007 – present The Honourable Justice Robert Frank Redlich: 8 May 2006 - present The Honourable Justice John Herbert Lytton Forrest: 8 August 2007 – present The Honourable Justice Murray Byron Kellam AO: (1998*) 16 May 2007 – present The Honourable Justice Lex Lasry: 23 October 2007 – present The Honourable Justice Julie Anne Dodds-Streeton: (2002*) 8 August 2007 – present The Honourable Justice James Gregory Judd: 6 March 2008 – present The Honourable Justice Peter Norman Vickery: 6 May 2008 – present The Trial Division The Honourable Justice Emilios John Kyrou: 15 May 2008 – present The Honourable Justice Bernard George Teague: 13 October 1987 – 15 February 2008 Masters The Honourable Justice Philip Damien Cummins: 17 February 1988 – present The Honourable Justice Thomas Harrison Smith: 1 May 1990 – present Senior Master Kevin John Mahony: 15 April 1983 - present The Honourable Justice John Allen Coldrey: 19 February 1991 – 4 April 2008 Master Ewan Kenneth Evans: 2 August 1983 - present The Honourable Justice David McCartin Michael Byrne: 20 August 1991 – present Master Kathryn Elizabeth Kings: 23 March 1993 - present The Honourable Justice David Lindsey Harper AM: 11 March 1992 – present Master Philip Lawrence Cain: 26 November 1996 – 7 June 2008 The Honourable Justice Hartley Roland Hansen: 6 April 1994 – present Master Michael Joseph Louis Dowling QC: 15 May 2001 – 5 July 2007 The Honourable Justice Philip Mandie: 10 May 1994 – present Master John Efthim: 18 July 2005 - present The Honourable Justice Eugene William Gillard: 6 May 1996 – 31 October 2007 Master Alexander Jamie Wood: 23 January 2006 - present The Honourable Justice Bernard Daniel Bongiorno: 18 December 2000 - present Master Robyn Gay Lansdowne: 18 September 2006 - present The Honourable Justice David John Habersberger: 3 July 2001 – present Master Melissa Lee Daly: 3 October 2006 - present *Date first appointed to the Court
5 of 44 pages WHAT WE DO Our Year in Review
6 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Court of Appeal
Criminal appeals highlights criminal Applications for leave to appeal* As foreshadowed in the 2006-07 annual report, the Court undertook an examination and appeals filed and finalised of the sources of delay in the preparation of criminal appeals in 2007-08. Delay in the provision of unrevised and revised transcript was identified as a particular problem. Filed Pending Time to finalisation sentence appeals In conjunction with the Victorian Government Reporting Service and with the co-operation of trial judges work began on new time standards for the provision 600 600 16 of transcript. 490 466
The Court has worked closely with the Department of Justice on proposed amendments 435 12 377 to the management of criminal appeals. Of particular importance are proposals 400 1 400 directed at: 8.8 months
• the introduction of interlocutory appeals (a reform proposed at the end of 2006 8 7.1 months by the Ad Hoc Criminal Law Reform Working Group convened by the Chief Justice and the President of the Court of Appeal); 200 200 4 • permitting refusal of leave to appeal against sentence where, although it is reasonably arguable that the sentencing judge erred, there is no reasonable prospect of the sentence being reduced on appeal. 2006-07 2007-08 2006-07 2007-08 2006-07 2007-08 The Court has also assisted the Victorian Law Reform Commission in its reference on Jury Directions, which also arose from the Ad Hoc Working Group, in particular Time to finalisation Time to finalisation by the provision of data. Finalised all criminal appeals conviction appeals 600 16 16 14.1 months 12.5 months 12 12 410 10.5 months
400 381
8 7.4 months 8
200 4 4
2006-07 2007-08 2006-07 2007-08 2006-07 2007-08
*Leave is required for most criminal appeals
1 The figure given in the 07 annual report of 441 included 6 bail applications.
7 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Court of Appeal cIVIl appeals highlights Civil Applications for leave to appeal Front end management, as introduced in 2006-07, continued to be effective. In and appeals filed and finalised particular, mediation has proved to be a very effective tool. Mediation was ordered Total applications for leave to appeal in 63 appeals in the year. Of the 54 mediations held2 as a result of those orders, Filed Pending or appeals filed (criminal and civil) 27 were successful and 27 unsuccessful. Success at mediation is particularly marked in relation to a particular category of civil appeal- appeals against an order granting 300 300 750 712 or refusing leave to commence proceedings for damages arising from workplace 663
injury (“serious injury appeals”). Mediations were ordered in virtually all such 228 appeals (39), and of the 34 held,3 20 (57%) were successful. 222 4
200 200 189 500 With a view to ensuring sharper focus on the real issues, the Court has limited the length of written outlines of submissions in both civil and criminal appeals 156 and applications to six pages, except for exceptional cases. 100 100 250
2006-075 2007-08 2006-07 2007-08 2006-07 2007-08
Total applications for leave to appeal Finalised Time to finalisation or appeals finalised (criminal and civil)
300 12 750 11 months 11 monts 606 615 234 196 200 8 500
100 250 4
2006-07 2007-08 2006-07 2007-08 2006-07 2007-08
2 To 7 November 2008, 9 mediations either yet to be held, order requiring mediation discharged or parties yet to supply result. 3 To 7 November 2008 4 The figure given in the 2007 annual report of 273 included some double counting, being the 45 appeals filed after a successful application for leave to appeal. 5 The figures for 06-07 given in that annual report differ in some respects to those figures as set out in this report. This arises from a change in 07-08 to counting principles for Court of Appeal work, with a view to bringing those principles into alignment with data collection for Council of Australian Government statistics. The 06-07 figures given in this report reflect this change.
8 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Court of Appeal continued
Hearing and determining appeals Looking ahead Large increase Judicial appointments Management of increased In a fresh attempt to tackle the delay in in criminal appeals and staff changes criminal appeals hearing criminal appeals and the large number of pending criminal appeals, of The criminal appeal caseload of the Court Two Judges of Appeal retired during the In an endeavour to address the increasing which sentence appeals are greatest in of Appeal has increased dramatically. The 2007-08 year; the Honourable Justice numbers of pending criminal appeals, number, in September 2008 the Court number of new conviction and sentence Eames in July 2007, and the Honourable the Court finalised more criminal resolved to pilot the determination of applications increased by 10.1% in 2006- Justice Chernov in February 2008. As appeals this year, though fewer civil most sentence appeals by a bench of two 07 and by 12.6% in 2007-08, largely as in 2006-07, there was a delay in the appeals. The number of finalisations rather than three judges. This will be a result of increased numbers of cases commencement of replacement judges. overall, however, was unchanged evaluated in 2008-09. disposed in the County Court. Despite a The Honourable Justice Dodds-Streeton from 2006-07. This is a significant larger number of criminal cases finalised, commenced in September 2007. As a achievement, as 2007-08 was the first It is hoped that the second stage of the with its existing judicial resources the consequence, for more than half the legal full year of operation of the modified Registry re-structure, replacing a Master Court has been unable to prevent an year, the Court was reduced in numbers. sitting week. Whereas the Court of as Registrar with a senior legal but non- increase in the delay to determination of Appeal used to sit four days per week judicial office, will also be complete. As the first stage of the Registry This change is consistent with the Courts criminal appeals and an increase in the restructure (foreshadowed in the 2006-07 (Monday to Thursday), from January number of pending criminal appeals. 2007 the Court commenced sitting Legislation Amendment (Associate Judges) annual report), two new positions were Act 2008, which expands the jurisdiction Civil initiations and the period of time funded in the May Budget for 2008-09 three days per week (Monday, Tuesday, between filing and determination have Thursday). This gives judges an extra day exercisable by Masters, and changes and on going, being two deputy Registrar their name to “Associate Justice”. It is remained constant. positions. The former Registrar, Philip each sitting week for judgment writing and case preparation. anticipated that the Act will commence Cain, retired on the grounds of ill health in late 2008. with effect from 7 June 2008; he had been on sick leave since June 2007. Master It is likely, however, that containment Lansdowne, who has acted as Registrar of delay in the hearing of appeals will since June 2007, continued in that role in be dependent on an increase in the the 2007-08 year. permanent numbers of Judges of Appeal.
Circuit sittings The Court of Appeal undertook two circuits in 2007-08 at which criminal and civil appeals were listed in Sale in October 2007 and Morwell in March 2008. Circuits are a very valuable opportunity for regional communities to see the Court of Appeal at work, and for contact between the Court and regional practitioners.
9 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
COMMERCIAL Common CRIMINAL & EQUITY DIVISION Law Division DIVISION • Corporations List • Major Torts List • Commercial List • Valuation, Compensation and Planning List • Admiralty List • Building Cases List • Intellectual Property List • Taxation List
10 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division: Civil
Commercial and Equity Division Principal Judge of the Division: Justice Byrne Divisional performance 2006-07 2007-08 Difference Variance The following Judges and Masters The Commercial and Equity Division The following analysis is based on the served in the Commercial and deals primarily with litigation arising Divisional snapshot* judgments produced to the Supreme Equity Division during the year: out of ordinary commercial transactions. In the list 1 July 3,631 3,785 154 4.24% Court Library. These judgments include • Chief Justice Warren AC It also deals with equity matters, such as Initiations 5,290 5,117 -173 -3.27% interlocutory judgments; they do not trusts, deceased estates, wills and probate, Finalisations 5,237 4,982 -255 -4.87% • Justice Byrne reflect the work of the masters in this and Charity Act matters. In 2007-08, the In the list 30 June 3,544 3,631 87 2.45% division, and they do not provide an • Justice Harper AM judges of the Commercial and Equity indication of cases which were resolved Data Note: Initiations, finalisations and pending numbers are each from separate Division delivered 190 judgments. reports extracted from the SCALIS database. The figures are not extrapolated. • Justice Hansen prior to judgment nor do they include • Justice Mandie The current allocation of the civil many ex tempore judgments which are Length of trial (days) trial work of the Court between the not sent to the library. Subject to these • Justice Habersberger 1 76 (61%) 124 (66%) 48 63.16% Commercial and Equity Division very substantial qualifications, the record 2 19 (15%) 33 (17%) 14 73.68% and the Common Law Division dates • Justice Dodds-Streeton gives an idea of the work of the judges in 3 - 5 10 (8%) 13 (7%) 3 30.00% from 1999 when the division system (to 7 August 2007) the Commercial and Equity Division. 6 - 10 11 (9%) 11 (6%) 0 0.00% was established6. At the time it was • Justice Whelan The total number of judgments delivered 11-20 5 6 1 20.00% intended to retain some parity between by the Commercial and Equity Division 30-40 1 2 1 1.00% • Justice Hollingworth the work of the two divisions. This has trial judges was 190 compared with 123 led to some surprising results: sale of 70+ 1 1 0 0.00% • Justice Hargrave in 2006-07 – an increase of 53%. What land matters and caveat applications Total 123 190 67 54.47% is surprising is that the trials tended to • Justice Pagone find their way into the Common Law be short; 66% lasted for one day only Length of judgment (pages) Division, as do claims by individuals to • Justice Robson and 96% lasted less than 10 days. On the 1 – 9 37 (30%) 66 (34.7%) 29 78.38% (from 7 August 2007) enforce securities, claims in debt and other hand, judgments tend to be shorter. 10 - 19 38 (31%) 66 (34.7%) 28 73.68% partnership disputes. Furthermore, • Justice Judd (from 4 March 2008) 20 – 29 22 (17.8%) 26 (13.6%) 4 18.18% parity in volume has not been achieved; A matter of ongoing concern to litigants is • Justice Vickery (from 7 May 2008) the number of cases initiated in the year that there be as little as possible delay in the 30 - 39 9 (7.3%) 11 (5.8%) 2 22.22% 40 – 59 5 (4%) 6 (3%) 1 20.00% • Senior Master Mahony was 5,117 for the Commercial and Equity delivery of judgments. Of the judgments Division and 1,468 for the Common Law under consideration, the interval in 60 - 99 7 (5.7%) 7 (3.7%) 0 0.00% • Master Evans Division. This may not, however, be a calendar days between the last hearing date 100 - 149 2 (1.6%) 4 (2%) 2 1.00% • Master Kings true indication, as a large number of on the cover sheets of the judgments and 150 – 159 2 0 -2 -100.00% cases commenced in the Commercial and the date of delivery of judgments has been >160 1 3 2 66.67% • Master Efthim Equity Division are disposed of without reduced in the current year. Total 123 190 67 54.48% • Master Wood judicial involvement. The percentage of judgments delivered Interval • Master Daly within 13 weeks of the conclusion of the Same day 21 (17.1%) 47 (24.7%) 26 123.81% hearing was 89.5%, an increase from 1 day – 4 weeks 60 (48.8%) 73 (38.4%) 13 21.67% 85.4% in 2006-07. 4 weeks - 8 weeks 14 (11.4%) 28 (14.7%) 14 100.00% 8 weeks - 13 weeks 10 (8.1%) 22 (11.6%) 12 120.00% 13 weeks – 20 weeks 5 (4.1%) 11 (5.8%) 6 120.00% 20 weeks – 6 months 4 (3.3%) 5 (2.6%) 1 25.00% 6 months – 9 months 5 (4.1%) 3 (1.6%) -2 –40.00% 9 months - 12 months 1 (0.8%) 1 (0.5%) 0 0.00% >12 months 3 (2.4%) 0 -3 -100.00% 6 Practice Note No. 4 of 1999. Total 123 (100%) 190 (100%) 67 54.48% 11 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Commercial and Equity Division CONTINUED
New practice note assume the role of a collaborator with litigation workload, and a consideration must await the success or otherwise of the Court in its directive function and of the kindred objective of the pilot project.. The new approach A potentially significant change in in the resolution of the dispute. The proportionality - the cost effectiveness has been the subject of numerous the conduct of the trial work of the judicial officer will be unable to direct of a particular course having regard to presentations to and meetings with Commercial and Equity Division the litigation process with the effect the amount at stake. The importance the Building Cases List Users’ Group, was indicated by the publication in of achieving a just and economical of these features, when they are in the Bar, the Law Institute, the Master February 2008 of Practice Note No. 1 of result without co-operation on their competition with the wishes of the Builders’ Association and the Building 2008: Building Cases - A New Approach. part which may, in some cases, involve parties, are matters which trial judges Dispute Practitioners’ Society by This practice note is a response to some conflict with their traditional and, particularly, appellate judges, will Justice Byrne, Justice Pagone and persistent urgings on behalf of the duty to their client, the litigant. In this need to work out in the future. Master Daly. profession, litigants and government respect the lawyer will be required, Finally, the pressure for such a To a considerable extent, the that the Court take a more active role like a prosecutor or an expert witness, new approach will be felt also by introduction of the new approach in directing litigation with a view to to accept the existence of a co-existent government which joins in the call is a response to pressure from the containing costs and reducing delays. duty to the Court to work towards the for greater trial management and, profession, the government and the While this may be seen as just a achievement of this result. ultimately for docketing - the allocation judges for the introduction of a system further step in the process of court For judicial officers, it will require of each case to a single judicial officer of docketing similar to that in force in management, it is more than that. a degree of familiarity with and whose task it will be to manage it the Federal Court and elsewhere. At From the point of view of the Court, involvement in the detail and strategy throughout its interlocutory stages and present, cases in the Admiralty List, it is a radical departure from its of the litigation. It will also require of then to conduct the trial. Depending the Corporations List, the Commercial traditional role as a judicial bystander them and their staff a greater burden of upon how it is done, docketing may List, the Intellectual Property List and whose principal function is to decide administration. involve the application of significant the Taxation Appeals List are, in effect, the outcome of the contest between Less obvious may be the impact of this judicial and administrative resources docketed to the judge in charge of the contending adversaries. From the upon the Court as an institution. The to the performance of tasks previously list. In addition, a number of large or point of view of the litigants and their assumption of a greater managerial role assumed by the litigants themselves and difficult cases are assigned to judges by representatives, it involves, to a large means that the court process moves their lawyers. Government must accept the Listing Master for management and extent, passing the initiative in the away from the traditional model of the that increased judicial management of trial. Otherwise cases are managed by interlocutory and trial processes to the adversary litigation in the direction of litigation comes at a price and that the the masters. Court. a more investigative or inquisitorial Court cannot be expected to assume It is too early to judge the effectiveness Such a development is likely to system where the Court settles the this burden, embracing the practices of of the New Approach. A challenge at have significant consequences for issues between the parties and controls those courts which enjoy significantly present is to devise some measurable all involved - the litigants, their the evidence to be given. Moreover, the greater resources in disposing a yardstick to assess the success or representatives, judicial officers, the judicial performance of this managerial significantly smaller number of cases, otherwise of an initiative such as this. Court as an institution, and even role involves the assumption by the without careful consideration of the government. Court of some responsibility for the implications of this. For the litigants, it represents a loss of outcome. This is reflected by the The new approach has been adopted for a measure of control over their dispute inclusion among the features of the new building cases because they represent resolution process. approach of the requirement that there a particular challenge and, at first, be given consideration to the impact by way of a pilot project. It should be For the lawyers it represents this of any given direction or procedure acknowledged that the Court is under and, further, a change in their role upon the resources of the Court having considerable pressure to adopt the new somewhat. They will be expected to regard to its responsibility to its other approach more generally. A decision
12 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Commercial and Equity Division CONTINUED Specialist lists Admiralty List Building Cases List There are six specialist lists within the Judge in Charge: Justice Byrne Judge in Charge: The following features of the new Two cases were commenced in the list Commercial and Equity Division, each The Admiralty List was established in Justice Habersberger (to 31 December 2007) approach are set out in the practice note: since the commencement of the practice of which is assigned to a judge in charge 1995. It deals with cases brought under and Justice Pagone (from 1 January 2008) • A building case should be approached note and resources conferences have been of the list. With the exception of the the Admiralty Act 1998 (Cwlth), or which The Building Cases List comprises cases like any building project, with time conducted by Master Daly. A further Building Cases List, the judge in charge otherwise concern maritime commercial involving building or engineering works and cost budgeting. feature of the new approach is that cases in the list will be allocated by the judge will normally manage each of the cases activities. of any description. This encompasses: • Parties will be expected to have engaged in charge to a judge of the Commercial in the list through its interlocutory stages in serious settlement discussions before There are few cases in the Admiralty • the design or carrying out of building and Equity Division for management and then try the case. the commencement of the proceeding. List. These cases are handled carefully works; and trial. This is another group of cases and at a more gentle pace than that • the supervision or inspection of • At an early stage a judge will be in the Commercial and Equity Division which is characteristic of other litigation construction; and assigned to assume responsibility for which will, in effect, be subjected to a in the Commercial and Equity Division. the management and trial of the case. docketing style of management. • the performance by an architect, Respect is accorded to the special • Judges will be more active and pro- designer, engineer, quantity surveyor Statistics* difficulties of the parties and the lawyers active in exercising their powers
or other expert of work relating to Difference who prepare the cases. These include in order to seek to achieve a just Variance 2006-07 building works. 2007-08 the difficulty of obtaining, in short time resolution of building disputes in a frames, instructions from witnesses who Cases within the list are managed by the speedy and efficient manner. are often mariners in distant ports or judge in charge, principally by directions • Judges will be mindful of the need not between ports, and from clients who may given on building case directions days to apply the resources of the parties In the list 1 July 55 45 -10 -18% be insurers or groups of insurers in other which occur approximately once per and of the Court needlessly or in a Initiations 29 6 -23 -79% countries. month. The judge in charge does not manner which is out of proportion to Finalisations 397 22 -17 -44% generally try the cases. Of the two finalised cases, one was the matters in issue. In the list 30 June 45 30 -15 -33% discontinued before trial and the other On 1 March 2008 Practice Note No.1 of • Lawyers will be expected to approach was tried to judgment. *Data Note: Initiations, finalisations 2008, Building Cases – A New Approach, their cases co-operatively and with the and pending numbers are each from came into operation, bringing to these separate reports extracted from the Statistics* objective of not using the resources of cases a new approach with more intensive the Court and of the parties needlessly SCALIS database. The figures are not extrapolated. Difference judge and master management. Master or in a manner which is out of Variance 2006-07 2007-08 Daly was appointed the master assisting proportion to the matters in issue. the judge in charge. New cases entered During the year, since the introduction • Lawyers will be encouraged to focus in the list are encouraged, at every stage of the New Approach practice note, on the central issues in the case. of the proceeding, to consider options 19 cases which had been in the list for In the list 1 July 4 4 0 0% • Judges will keep the number of some time were allocated to judges for Initiations 3 5 2 67% for settlement and to be mindful of the resources they are committing to the directions hearings to a minimum. management through their remaining Finalisations 2 2 0 0% litigation process. A feature of the new • Where possible, interlocutory applications interlocutory stages and for trial. Most of In the list 30 June 5 8 3 60% procedure is the requirement that litigants should be determined on the papers. these allocated cases have been finalised. *Data Note: Initiations, finalisations complete a questionnaire and that they • Opposed interlocutory applications Allocations 2007-08 and pending numbers are each from attend a resources conference conducted will, where appropriate, be referred to Allocated 19 separate reports extracted from the by a master at which consideration is a Master. Finalised 11 SCALIS database. The figures are not given to a number of matters including the extrapolated. • Where costs of a directions hearing Pending 8 resources of the parties, any limits upon are ordered to be paid, they will, if costs and any pre-trial procedures which possible, be fixed. may be of assistance.
13 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Commercial and Equity Division CONTINUED Commercial List Corporations List
Judges in Charge: Justice Hollingworth and A trial date will generally not be Judge in Charge: Justice Dodds-Streeton Statistics* Justice Hargrave allocated until the case is ready to trial, (to 7 August 2007) and Justice Robson that is, after the preparation of court (from 8 August 2007) Difference Variance 2006-07 The Commercial List continues to flourish. 2007-08 It is managed by two judges. Typically, books and witness statements, and the All applications filed in the Supreme cases in the list involve disputes between completion of mediation. A particular Court that rely upon a provision or business persons who come together benefit of the list is that the judges are provisions of the Corporations Act 2001 are to conduct business in various forms, able to offer to litigants an early and entered into the list. Corporations cases In the list 1 July 263 209 -54 -21% whether by partnership, incorporation, certain trial date. are managed and tried by the judge in Initiations 930 983 53 6% Finalisations 963 931 -32 -3% unit trust, discretionary trust or the like. Statistics* charge. This is, in effect, a docket system Cases in the list include disputes arising of case management. Reflecting this In the list 30 June 230 272 42 18% out of misrepresentations made prior to Difference approach, the Practice Court procedures Variance 2006-07
2007-08 *Data Note: Initiations, finalisations the commencement of business, disputes have recently been changed; they now and pending numbers are each from arising out of property developments or expressly provide that urgent corporations separate reports extracted from the as a consequence of the breakdown of the matters should be dealt with in the list. SCALIS database. The figures are not extrapolated. relationship between persons in business. In the list 1 July 121 119 -2 -2% Justice Robson assumed charge of the list Other cases include disputes relating to Initiations 115 74 -41 -36% in August 2007 following the elevation the sale of business, misuse of secret or Finalisations 101 91 -10 -10% of Justice Dodds-Streeton to the Court of commercially sensitive information and In the list 30 June 119 98 -21 -18% Appeal. Master Efthim has assisted the the interpretation of commercial contracts, judge in charge, dealing with matters in the including insurance contracts. *Data Note: Initiations, finalisations and pending numbers are each from list that have either been referred to him In December 2007, Practice Note No. 6 separate reports extracted from the by the judge in charge or matters within of 2007 was published. The practice note SCALIS database. The figures are not the masters’ jurisdiction under the Supreme extrapolated. made amendments to the Green book Court (Corporations) Rules 2003. in line with the practice which had in The most numerous applications in fact been followed in the list for some the list are winding up applications 12 months. The principal amendments and applications to set aside statutory relate to the standard form of orders to be demands. Preference disputes also feature made prior to setting a matter down for strongly. The judge in charge also hears trial, and upon setting a matter down for appeals from decisions of the master. In trial. There is new requirement for a joint addition, the Court considered a number memorandum to be signed by counsel of schemes of arrangement including prior to the allocation of a trial date. several high-profile schemes such as the This memorandum is to contain an Coles Group, Zinifex and Dyno Nobel. estimate of time: In the reporting period, 931 matters in (a) in opening submissions of each party; the list were finalised, which is only (b) for any objections to evidence; slightly less than in the last reporting period of 963. It is a cause for considerable (c) for the evidence of each witness; and satisfaction that over 80.2% of these (d) for final submissions of each party. matters were finalised within three months of their being entered in the list, and about 85% within six months. 7 One case was transferred to another list 14 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Commercial and Equity Division CONTINUED Intellectual Property List Taxation Appeals List Judge in Charge: Justice Harper Judge in Charge: Justice Mandie There are few cases in the Intellectual The Taxation Appeals List is governed Property List. Most cases are presently by Chapter II Order 7 of the Rules of the heard in the Federal Court. During Supreme Court and also by Practice Note the year three matters were finalised no. 3 of 2007 (issued 8 February 2007). and no case was entered in the list. All Taxation appeals relate to the taxes three cases were finalised by settlement administered and collected by the between the parties. Commissioner of State Revenue of the In addition, one substantial matter State of Victoria and include land tax, (GSK Australia v Ritchie) was heard payroll tax and duties payable on certain and determined during the year. This transactions. case remained in the list because final During the year, 10 proceedings were costs orders were still to be made. commenced, one proceeding was The trial occupied 17 sitting days and disposed of by judgment given after trial, judgment was delivered in May 2008. and four proceedings were discontinued The case concerned the alleged misuse before trial by way of settlement or of confidential information in the licit otherwise. At the time of writing in opiates industry by a former employee September 2008, there are currently establishing a competing business. nine proceedings pending in the list. In the 2006 Intellectual Property Rules the definition of “intellectual property Statistics
cases” was expanded to encompass Difference Variance 2006-07 confidential information cases. 2007-08
Statistics Difference
Variance In the list 1 July 12 4 -8 -67% 2006-07 2007-08 Initiations 5 10 5 100% Finalisations 13 4 -9 -69% In the list 30 June 4 10 6 150% In the list 1 July 6 6 0 0% Initiations 1 0 -1 -100% Finalisations 1 2 1 100% In the list 30 June 6 4 -2 -33%
15 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Common Law Division Divisional snapshot Principal Judge of the division: The total number of disposals for 2006-07 was 1,942. The total number of disposals The Common Law Division deals with a Justice Smith for 2007-08 was 1,500; a reduction of 442. broad range of matters, including claims The following Judges and Masters for damages arising out of personal served in the Common Law Total Common Law Division Initiations injury and exposure to dangerous Division during the year: substances, and claims for damages • Justice Smith NUMBER OF CASES ISSUED for economic loss arising out of alleged
Difference negligence of government, business Variation 2006-07 • Justice Bongiorno 2007-08 and professionals. It also deals with • Justice Osborn claims for damages arising out of false imprisonment, trespass, sexual abuse, • Justice Williams defamation, property disputes and Writ 847 708 -139 -16% • Justice Kaye disability insurance claims. Originating Motion 251 261 +10 4.9% • Justice Bell Appeals (Trial Division) 56 72 + 16 29% The division discharges statutory • Justice Cavanough Circuit Courts 89 81 -8 -9% jurisdiction conferred on the Court Major Torts 36 58 + 22 61% by the Confiscation Act 1977, the Crimes • Justice Pagone Valuation Compensation & Planning 13 23 + 10 77% (Mental Impairment and Unfitness to be Tried) Act 1997 and many other statutes. • Justice Forrest Miscellaneous 14 10 -4 -29% It also hears contempt proceedings • Master Evans TOTAL 1,306 1,213 -93 -7% 8 9 brought to protect the integrity of the • Master Kings Total Common Law Division initiations 1,454 1,468 14 1% civil and criminal trial system. • Master Wood NUMBER OF CASES ISSUED BY CATEGORY Importantly, the Common Law Division Personal Injury Total 485 472 -13 -3% • Master Daly also discharges the Court’s exclusive Motor Vehicle 93 66 -27 -29% supervisory jurisdictions of judicial Asbestos 219 273 54 25% review of other courts and tribunals Defamation 9 13 4 44% and judicial review of the exercise of Property Law Act 98 51 -47 -48% statutory powers by the Executive and statutory bodies and officers, and of appeals from the Magistrates’ Court and VCAT. Those cases involve the determination of questions of law. In deciding these questions the Court provides an important body of legal authority to guide government, tribunals and lower courts.
8 The 148-case difference comprises cases that have been commenced in lists that are not listed above i.e. Civil, Civil Management and Enforcement lists. 9 The 255-case difference comprises cases that have been commenced in lists that are not usual common law lists i.e. Circuit Court Trial, Civil, Civil Management, Corporations, Enforcement lists
16 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Common Law Division continued Case progress and Elapsed times Listing of Cases – Major jurisdictional Practice Note No. 4 of 2006 developments this The Common Law Division has remained under considerable pressure. Total disposal financial year – the figures were down to the extent indicated above, although the statistics concerning Since the issue of Practice Note 4 of 2006 elapsed times point to improved performance in that area. the time estimates by practitioners have Charter of Human Rights improved, with the profession being At the start of 2008, Parts 2 and 3 of the Elapsed times more careful in making their estimates Charter came into operation. Prior to
Difference and being prompt in notifying of any that, there had been cases where parties Variance 2006-07 2007-08 need for change. There have also been had relied upon the principles embodied fewer vacated trial dates. in the Charter for guidance in argument, whether it be of statutory construction or Average time from commencement to disposal 470 470 0 0% otherwise. (days) Charter issues arose in several cases. In Median elapsed time between commencement 393 362 -31 -8% Kortel v Mirik & Mirik [2008] VSC 103 and disposal (days) before Justice Bell, an issue emerged as Average time from entry into Civil List10 to disposal (days) 300.9 251.11 -49.79 -17% to whether and to what extent, where the respondents to a crimes compensation Median elapsed time between entry to the Civil List and disposal (days) 223 177.5 -45.50 -20% claim were not represented, functions were imposed upon the trial judge of the Other information suggests that, so far as judgments are concerned, the Common kind referred to in s.6 of the Charter. Law Division rostered judges have been delivering judgments at about the same rate When the Legal Aid Committee provided as last year. respondents with representation, the point ceased to be an issue in the case. Charter issues were considered, however, in Sabet v Medical Practitioner’s Board [2008] VSC 346 before Justice Hollingworth. In that case, the Court had to consider the application of the Charter to the Medical Practitioners’ Board in suspending a doctor’s registration.
10 Cases “enter the Civil list” when allocated a trial date.
17 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Common Law Division continued Civil LIST Concerns of the profession The following data provides a snapshot of the civil list for 2007-08. An important practical matter is the need for notice to be given to the Attorney- During the year the Division held 2006-07 2007-08 Difference Variance General and the Commission pursuant meetings with members of the profession to s.35 when Charter issues arise of in an attempt to enhance the work and Statistics - Civil List* the kind described in that section. It is efficiency of both the Division and the In the list 441 421 -20 -5% a requirement that was, and is, easily Court. These meetings were productive. Initiations 420 98 -322 -77% overlooked, and led to the publication of The profession was interested in more Finalisations 440 1,288 848 193% Practice Note No. 3 of 2008. circuit work being undertaken by the Pending 421 1,487 1066 253% Court and the introduction of further So far, the notice provision has worked *Data Note: Initiations, finalisations and pending numbers are each from separate reasonably well. One of its benefits specialised sub-lists within the Division. reports extracted from the SCALIS database. The figures are not extrapolated. is that when the Attorney is served, Initiatives suggested during these the Attorney has intervened and been meetings have formed the basis for the Method of disposal represented, usually by the Solicitor- subsequent introduction of a judicial Settled, dismissed or General. review and appeals lists and a new discontinued without trial 277 606 329 119% personal injuries list. Settled, dismissed or The extent of the future of this work discontinued after trial 57 370 313 549% is difficult to predict. A study of commenced the Charter site on Judicial Officer Tried to judgment 105 293 188 179% Information Network (JOIN) reveals a Transferred to County, significant number of VCAT decisions in Magistrates or Federal Court 1 19 18 1800% which sections have been considered.
18 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
Common Law Division CONTINUED Specialist lists There were two specialist lists within the The cases progressed well during Valuation and Planning Common Law Division during 2007- the reporting period. The most time Judges in charge: Justice Osborn and 08, each of which was assigned judge or consuming step in most cases was the Justice Cavanough judges responsible for the work of that list. mediation stage. Often the parties have found that they need two or more During the year, much time has had to Major Torts List sessions of mediation to resolve the case. be devoted to management of the Love Judge in Charge: Justice Kaye This involves the extension of orders litigation. There are five substantial proceedings: four acquisition matters Master in Charge: Master Evans previously made. Pressure is not put on the parties in this phase because it and one common law claim all relating The Major Torts List manages matters is thought that the mediation has been to the same land. Justice Cavanough arising out of alleged tortious conduct successful in a good number of cases. joined Justice Osborn in managing including defamation, personal injury the list and, in particular, took up the and professional negligence. As to the cases in the list, the management of the Love common law Voyager cases have required the most Until 1 January 2008, Master Evans claim. What counsel had maintained was management. In December 2007, Justice a case requiring a hearing of 12 weeks continued to conduct directions hearings Kaye and the Listing Master held a joint in this List. Since then they have been was reduced to one requiring a hearing sitting in which they set down a series of of 12 days. conducted by Justice Kaye every second cases for trial with designated trial dates Friday morning. In the majority of at three-week intervals. At the end of the A number of town planning cases cases, orders are made by consent on reporting period only two cases remain. raising issues of public interest were the papers, an approach encouraged by Otherwise, the list includes a number of also decided, including Casey CC v Justice Kaye to minimise cost and enable other significant personal injury cases, Carson Simpson Pty. Ltd. (2007) 28 VPR him to continue to hear trials on Fridays particularly public liability and medical 85 relating to the regime governing without interruption. Such disputes negligence claims. There is also a group developer contributions to infrastructure as need resolution are usually quite of sexual assault cases. costs. confined and can be resolved without substantial argument. Wherever possible, Statistics* Statistics*
Difference cases that appear to be ready for trial Difference Variance Variance 2006-07 2007-08 2006-07 are referred to the Listing Master on the 2007-08 same day to avoid duplication of costs.
In the list 216 172 -44 -20% In the list 19 17 -2 -11% Initiations 44 58 14 32% Initiations 22 24 2 9% Finalisations 90 50 -40 -44% Finalisations 24 9 -15 -63% Pending 170 137 -33 -19% Pending 17 33 16 94% *Data Note: Initiations, finalisations *Data Note: Initiations, finalisations and pending numbers are each from and pending numbers are each from separate reports extracted from the separate reports extracted from the SCALIS database. The figures are not SCALIS database. The figures are not extrapolated. extrapolated.
19 of 44 pages Circuit Sittings The Supreme Court regularly conducts sittings in regional Victoria. Major regional centres have ‘branch’ offices of the Supreme Court as part of the local Magistrates’ Courthouse. The Supreme Court is represented in Ballarat, Bendigo, Geelong, Hamilton, Horsham, Mildura, Morwell, Sale, Shepparton, Wangaratta, Warrnambool and Wodonga. In late 2007, the Chief Justice appointed Justice Forrest as the Circuit Court Judge. The Circuit Court Judge oversees the smooth scheduling of Supreme Court trials in regional Victoria. In addition, a Regional Courts Liaison Officer is located in the Principal Registry in Melbourne to resolve administrative issues and ensure timely sharing of information. In January 2008, a round-table forum of key stakeholders discussed challenges confronting regional hearings. A number of issues were identified as having significant impacts on the efficacy of regional circuits including access to Supreme Court systems and communication. The Court commenced to address these issues during the reporting period and the matters remain under constant review. During June 2008, a series of training sessions and workshops were held for regional Registrars and Deputy Prothonotaries to increase familiarity with the Court’s electronic case management system, SCALIS. Use of, and in some cases, access to, the case management system prior to this was patchy. Full access to SCALIS for all relevant regional personnel is now in place, allowing regional staff to gain up-to-date information on any case at any time.
Circuit Trial Initiations Difference Variance 2006-07 2007-08
Ballarat 16 11 -5 -31% Bendigo 28 17 -11 -39% Geelong 7 2 -5 -71% Hamilton 2 0 -2 -100% Horsham 4 0 -4 -100% Mildura 11 7 -4 -36% Sale 2 4 2 100% Shepparton 5 3 -2 -40% Wangaratta 38 36 -2 -5% Warrnambool 27 20 -7 -26% Wodonga 26 12 -14 -54% Total 166 112 -54 -33%
20 of 44 pages WHAT WE DO – our YEAR IN REVIEW The Trial Division
CRIMINAL DIVISION Culture hearings. The end results of this proactive Regional sittings Principal Judge: management should become apparent in The culture in the Criminal Division the next reporting year. It is important that regional matters are Justice Teague evolved during the reporting year. This heard in the regional courts of origin and (to 31 December 2007) was evident especially in four areas – During the year, and particularly in are not removed to Melbourne except 2008, internal Divisional management Justice Cummins the work undertaken, the procedures in cases of legal necessity. The Division has been developed. Portfolios – (from 1 January 2008) adopted, Divisional management and continues to conduct and actively support future planning. in policy, law reform, practice, sittings in regional Victoria. During Judges of the division: operations and statistics, circuit and the reporting year the Division sat in During the year, and particularly in communications – have been undertaken • Justice Teague Ballarat, Geelong, Mildura, Morwell, 2008, the Division has undertaken by the judges in the division. In 2008 an (retired 15 February 2008) more and more trials and pleas beyond Sale, Warrnambool and Wodonga. Justice active judicial education program in trial Forrest as Circuit Judge did substantial • Justice Cummins its exclusive homicide jurisdiction. and plea management was undertaken by Terrorism, Commonwealth matters, work to ensure the viability of regional • Justice Coldrey the judges themselves. sexual offences and culpable driving sittings and the efficient interface of (retired 4 April 2008) matters have been heard by the Court. During the year, and particularly in criminal and civil sittings in the regions. • Justice Bongiorno This is a desirable development because 2008, the Division has been planning for the introduction of judge-controlled Numerical state • Justice King of the seriousness of such matters and because the Court is the superior docketing for all matters in the of the list • Justice Curtain Division. This will be introduced on criminal trial court of the State. During the year, 84 matters involving 1 January 2009 and will constitute a • Justice Coghlan Further, operational rulings on matters 127 accused persons commenced in major development in trial and plea of evidence and procedure in those the Division and 95 matters involving • Justice Lasry management and has the active support trials are binding on other Victorian 111 accused persons concluded. Those of the Directors of Public Prosecutions Judges who sat in the division courts. Matters involving corruption concluded matters constituted 56 trials (Commonwealth and State), the legal or perversion of the administration of involving 72 accused persons, and pleas • Justice Nettle profession, Victoria Legal Aid and other justice should be heard in the Supreme of guilty involving 39 accused persons. entities involved in the administration of • Justice Harper AM Court, by reason of the Court’s inherent At the commencement of the reporting criminal justice. Docketing should lead and articulated function to preserve and period there were 85 matters in the • Justice Williams to greater efficiency in case management secure the administration of justice. criminal list with an average lead time • Justice Whelan and to improved throughput. The from receipt to hearing of nine months. During the year, and particularly in 2008, Division records with appreciation the • Justice Bell At the conclusion of the period there the Court developed its procedures in substantial work of the Criminal Trials were 82 matters in the criminal list with • Justice Forrest order to facilitate early identification of Listing Directorate in the daily work of a lead time of eight months. issues and to increase hearing efficiency. the Court during the reporting year. The Thus the Principal Judge does not Report of Crown Counsel, Dr. J. Lynch, routinely exempt trials from the operation considering a Single Criminal List was of Part 3 Crimes (Criminal Trials) Act under development during the year but 1999 (Pre-Trial Procedure) and requires not concluded. During the year, and the parties to identify the trial issues particularly in 2008, a comprehensive upon the matter being received into the statistical analysis of the work of the Supreme Court. After the initial s. 5 Division over the past five years began. Directions hearing, trials are regularly This will be concluded in 2008-09. monitored and directed at later Directions
21 of 44 pages Major trials Applications under Crimes (Mental Impairment Trial by jury Practice Note No. 4 of and Unfitness to be Tried) Major trials and pleas heard in the The Division reaffirms the significance Division during the reporting year were 2007 and under the Act 1997 matters and value of jury trials. Adjudication Bail Act 1997 (with crimes charged): Although these matters are received by by one’s peers – the jury – is a powerful • DPP v Abdul Benbrika & Ors (terrorism) Judges of the Division regularly heard the Court in its Common Law Division democratic right. It avoids narrowness Justice Bongiorno, applications under the Surveillance Devices because the subject has not been of judgment and ensures social Act 1999, Major Crime (Investigative convicted, during the reporting year relevance. Daily experience in the courts • Peter Dupas (murder) Justice Cummins, Powers) Act 2004, Witness Protection Act and particularly in 2008, the Criminal demonstrates the application, seriousness • Robert Farquharson (murder) 1991, Confiscation Act 1997 and Proceeds of Division has undertaken the hearing of and commitment of citizens to the task Justice Cummins, Crime Act 2002 (Cwlth), and other Acts many of these matters. It is proposed that of being jurors. The Criminal Division this be continued. commends the citizens of Victoria • Donna Fitchett (murder) Justice Nettle, as provided in the above practice note. In the reporting year there were 100 for their vital participation in the • Evangelos Goussis (murder) Justice King, applications under the Surveillance Devices Cost and delay administration of criminal justice. Act, 49 applications under the Major Crime • Stuart McMaster (murder) The Division acknowledges and records Trial Division Criminal (Investigative Powers) Act and the Witness Justice Harper, the substantial funding of the criminal Finalisations Protection Act, and 99 applications under 2006-07 2006-07 • Carol Matthey (murder) Justice Coldrey, justice system by Government. One 2007-08 the Confiscation Act and the Proceeds of specific and operational cause of delay – • Sean Sonnet (murder) Justice King, Crimes Act (Cwlth). Judges of the Division the long waiting time for forensic testing also regularly heard applications under 17 • Thomas Towle (culpable driving) – could be significantly lessened by 11 the Bail Act pursuant to Practice Note No. Justice Cummins. greater funding of forensic examination 5 of 2004. Ninety-three such applications Trials12 55 56 laboratories by government. Such were heard. Pleas 64 39 expenditure would be worthwhile and Total 119 95 productive. Criminal Applications Filed under Bail Act 1977 92 93 Surveillance Devices Act 1999 125 100 Confiscation Act 1997 and Proceeds of Crime Act 2002 (Cwlth) 108 99 Other Applications Filed13 80 49 Total 405 341
11 The figures provided in the 2006-07 Annual Report were of the number of accused persons tried and not the number of trials heard. The 2006-07 numbers were 55 trials involving 74 accused. The 2007-08 numbers are 56 trials involving 72 accused. 12 This figure only includes trials that reach a verdict and do not include mistrials or trials where the jury could not agree on a verdict. 13 Figures include applications under the Major Crime (Investigative Powers) Act 2004, Witness Protection Act 1991, and applications for change of venue.
22 of 44 pages WHAT WE DO – our YEAR IN REVIEW Report of the Masters
Overview Mediations conducted Taxations – Corporations Masters are judicial officers who carry by Masters Assessment of Costs Matters out judicial functions in the Civil The number of mediations conducted The majority of taxations undertaken The power of the Corporations list jurisdiction of the Court, pursuant to the at the Court almost increased by 71% by the Taxing Master, Master Wood Master, Master Efthim is detailed under Rules of the Supreme Court. Generally, during the reporting period. The Court comprise the quantification of party Schedule 2, Chapter V of the Supreme Masters hear and determine issues, has not published formal mediation and party costs pursuant to orders of the Court Rules. The rules allow Master to which arise before and after trial in civil guidelines. The practice of Judges and Supreme Court in proceedings before the determine applications for winding up cases such as disputes about pleadings, Masters identifying suitable matters for Court. companies or for their re-instatement, discovery and subpoenas, assessments Master-led mediation continues. preference claims and leave to proceed. of damages, costs and enforcement of A small proportion of taxations judgments. Also, when a civil case The importance of Master-led mediation undertaken by the Taxing Master Further to this, the Corporations commences in the Court, a Master’s role was recognised when the Court launched involved the assessment of costs in list Master has the power to hear is to set a timetable for the filing and a new Mediation Centre. relation to disputes arising between fully contested trials in winding exchange of documents between the clients and their legal representatives up matters, setting aside statutory parties in order to prepare the case for pursuant to the Legal Practice Act 1996 demands, preference claims and matters trial. A Master will then ensure that the and Legal Profession Act 2004. delegated by the Judge in charge of the parties are complying with the timetable The proportion of summonses for Corporations List. and if not, take appropriate action. taxation filed that are represented by solicitor and own client disputes under the Legal Practice Act 1996 and Legal Profession Act 2004 has risen from approximately 10% in 2006-07 to around 20% in the reporting period.
orders made in corporations orders made in assessment matters (including winding up number of mediations of cost matters applications)
120 116 1500 1,500 1,313 1,189 1,152 1,097
80 1000 1,000 68
40 500 500
2006-07 2007-08 2006-07 2007-08 2006-07 2007-08
23 of 44 pages WHAT WE DO – our YEAR IN REVIEW Report of the Masters continued
Listing of Cases and General Applications Part IV Case Management to Masters Directions The Listing Master, Master Kings, is The majority of civil proceedings are not General applications in civil proceedings This covers a diversity of applications The Masters also hear Part IV Directions responsible for the fixing of dates of in Specialist Lists but within the Civil are usually made returnable before and arising from the commencement of hearings. These are Testator’s family Civil matters for trial before Judges and Management List (C.M.L.). Any civil are determined by, a Master sitting each legal process, up to the fixture of a maintenance proceedings under the the drawing up, maintenance and the proceeding that is not in a Specialist List, day in Masters’ Court No. 2. This is case for trial. General applications Administration and Probate Act 1958. co-ordination of list of such cases. Any which has been commenced by writ and sometimes referred to as the ‘Masters’ includes matters such as service of pre-trial determinations to manage the has had a defence filed, is entered into Practice Court’. process, pleadings disputes, summary of future conduct of proceedings, including C.M.L. for case management. General applications are interlocutory judgments, security for costs, discovery applications to vacate trial dates and At each subsequent directions hearing applications within the judicial authority of facts and documents, and amendments speedy trial applications, are also heard scheduled, Master Kings, Master Efthim of a Master in proceedings not otherwise to pleadings. Applications also extend by the Listing Master. and Master Daly are responsible for issued in any of the Court’s specialist to proceedings originating from other Where possible, it is the role of the determining any interlocutory directions lists (such as the Commercial List) and courts and tribunals, such as leave to Listing Master to ensure the smooth flow required in each proceeding. not otherwise especially dealt with appeal from VCAT and the Magistrates’ Court of Victoria. of proceedings to trial and maximise the When a proceeding is ready for trial by Masters designated for particular efficient use of Judges’ time, of courts directions, it will be referred to the applications (e.g. taxation of costs, listing and of other resources of the Court. Listing Master for a Pre-Trial directions of cases, corporations matters). hearing, where pending determination, a trial date may be fixed, a Judge allocated or further interlocutory directions be undertaken.
Orders made in the Civil Orders made in Listings Orders made in General Orders made in Part IV Management List Applications Directions
6,000 5,919 900 893
5,704 12,000 1,200 1,033 989 9,777 653
4,000 600 8,000 7,488 800
2,000 300 4,000 400
2006-07 2007-08 2006-07 2007-08 2006-07 2007-08 2006-07 2007-08
24 of 44 pages WHAT WE DO – our YEAR IN REVIEW Senior Master’s (Funds in Court) Office
The Senior Master’s (Funds in Court) Highlights Growth statistics Office [SMO] is a discrete, self-funded, administrative division of the Supreme • Over 5,000 beneficiaries The SMO’s work continues to grow Moneys received Trust administration Court of Victoria. All funds paid in volume and significance. • 79.4% of payments processed In 2007-08, some $124,461,050 was This area works closely with the into Court are held, invested, and within five days Legal paid into Court. beneficiaries, who are persons under administered by the Senior Master, who a legal disability by reason of: is a judicial member of the Court. • More than $1,000 million in New beneficiaries Publications funds under administration • acquired brain injury; The Senior Master holds funds, This year saw the launch of the SMO • SMO Newsletter launched There were 696 payments into investments, and assets, principally for Court, comprising: Newsletter. Conceived by the Beneficiaries’ • age (i.e. minors); persons under disability (beneficiaries), • Creation and first meeting of the Advisory Group, the newsletter is intended • psychiatric condition. the value of which presently exceeds Beneficiaries’ Advisory Group • 62 “non-award” matters (dispute as a source of information about the SMO $1,000 million. Other funds, being money; security for costs; moneys for the beneficiaries and their families. Many beneficiaries are involved in approximately $16 million, are held paid in under an Act). complex legal or financial matters which Key performance The SMO Corporate Governance Booklet was as funds to which no one is presently require skilled and experienced Trust • 634 “award” payments (personal also created. The booklet was circulated entitled, within the meaning, and for the indicators (KPIs) Officers, Client Liaison Officers (CLOs) injury, Family Provision claims, to all major external stakeholders and purposes of, section 99A of the Income and Legal Officers to work through the Staff met or outperformed all KPIs Part III of the Wrongs Act): interested parties, including the Chief Tax Assessment Act 1936 (Cwlth). difficulties encountered. relating to the delivery of services Justice, the Chief Judge of the County Court to beneficiaries. Award payments The Senior Master discharges his and the Chief Magistrate, the Premier, Client liaison responsibilities with respect to the Most importantly, at least 79.4% of breakdown the Attorney-General, and senior state funds through the services of external payments to or on behalf of beneficiaries government ministers. The Newsletter and CLOs visit beneficiaries in their homes. Supreme Court 168 consultants, and of the staff of the were processed within five days of Corporate Governance Booklet, along with Apart from providing input in respect County Court 85 various discrete sections of the Office, receipt of request. all other SMO publications, are available of complex applications for payments, being funds administration, accounting Magistrates’ Court 14 CLOs are instrumental in assisting Office KPIs are continually reviewed from the Funds in Court section of the and taxation, client liaison, investment, VOCAT* 429 beneficiaries with many lifestyle and with the assistance of the internal Supreme Court website. legal, and I.T., such staff presently being * Victims of Crime Assistance Tribunal other difficulties which they face in their auditors (Moore Stephens). equivalent to 52 full-time positions. everyday life.
Orders made Documents prepared FINANCIAL TRANSACTIONS RECORDED CLO Visits
6,000 21,000 90,000 600 5,645 82,500 18,500 78,900 5,215 450 15,200
4,000 14,000 60,000 400 375
2,000 7,000 30,000 200
2006-07 2007-08 2006-07 2007-08 2006-07 2007-08 2006-07 2007-08
* Payments are made by Court orders (usually made by the Senior Master). 25 of 44 pages WHAT WE DO – our YEAR IN REVIEW Senior Master’s (Funds in Court) Office continued
Investment Accounting The Investment Section considers and and Taxation During the year, the Senior Master Taxation implements investment advice given by Financial reporting approved extending the charter of the advisers engaged by the Senior Master, Audit Committee to incorporate the Annual trust tax returns were lodged and provides administrative support to The Financial Reports of the Senior following key responsibilities of an for every beneficiary. Utmost care was the Investment Review Panel (which Master are audited, on a financial year Ethics Committee: taken to ensure the accuracy of each basis, by the Auditor-General. The trust taxation return in compliance with consists of experts who meet quarterly). • oversee the SMO’s compliance General Purpose Financial Report and legislation. No fees were charged for Funds under administration (excluding with the Code of Conduct; Audit Opinion of the Auditor-General, taxation services. direct investment in real estate and other for the year ended 30 June 2008 are • provide strategic oversight of the assets) exceeded $1,000 million for available from the Funds in Court SMO’s ethics audits and ethics Information the first time; an increase of over $178 section of the Supreme Court website. training program; and million since last financial year. Technology • review any ethical complaints Again, the Auditor-General advised that The IT section continues to improve and Common Fund No. 3 referred to the Audit Committee, as a management letter will not be issued. enhance the SMO’s database application, well as the SMO’s responses to such Common Fund No. 3 (CF-3) was This means there was no suggested winTMS. created in July 2004. The number of amendment to the form of presentation complaints, and advise the Senior beneficiaries for whom equity investment of the Financial Report, nor any Master with respect to the responses Beneficiaries’ has been undertaken exceeded 1,500, suggested improvements to governance where appropriate. i.e. approximately 30% of beneficiaries. arrangements. The Audit Committee met quarterly. Advisory Group The Beneficiaries’ Advisory Group (BAG) On 1 July 2007, the unit price for CF-3 Audit Committee was just on $ 1.71. By 30 June 2008, the Risk Management met for the first time on 26 July 2007. The BAG consists of representatives of unit price had fallen to just on $1.52. The Audit Committee is the focal The Senior Master continues his beneficiaries’ families and interested The annualised return for the CF-3 point for communication between the commitment to risk management in stakeholders such as the Law Institute portfolio (i.e. when dividend income external auditors, internal auditors and accordance with Australian standards, of Victoria and the Office of the Public is taken into account) was down 7.2% management in relation to: and the prudential safeguards put Advocate. from the previous year. This compares • financial and other reporting; in place are monitored by the SMO’s with a reduction of 11.8% in the return Accounting Section. At the regular The creation of the BAG arose from a • internal controls; of the benchmark S&P/ASX 50 Leaders meetings of SMO’s Section Heads, the criticism raised in the KPMG Review Accumulation Index. In other words, • external and internal audits; Accounting Manager provides a report to of Funds in Court that there was a lack CF-3 outperformed the benchmark by • risk management; the Senior Master detailing developments of transparency of the SMO’s activities. over 4.5%. concerning defined risk management The BAG was created to provide • ethical issues; and matters. The Audit Committee also information about the SMO’s activities Furthermore, the Senior Master’s equity considers risk management at its to the SMO’s key stakeholders and to portfolio has consistently outperformed • other matters the Senior Master quarterly meetings. improve communication between those the benchmark since its inception on 21 deems necessary. stakeholders and the SMO. December 1992.
26 of 44 pages Reports From the wider Court
27 of 44 pages Reports from the wider Court Judicial Training
During 2007-08, the judges and Education Committee The Judicial College masters of the Court attended and the 2007 judges’ of Victoria • Justice Coldrey - Judicial Officers’ a variety of judicial training conference The Judicial College of Victoria (JCV), Aboriginal Cultural Awareness activities to keep abreast Committee The Education Committee is chaired established pursuant to the Judicial of developing professional by Justice Marcia Neave and has 10 College of Victoria Act 2001, keeps the • Justice Kaye – Judicial Officers’ standards. members including a representative Victorian judiciary in touch with the Aboriginal Cultural Awareness from the Judicial College of Victoria. community, aware of pressing social Committee issues, in tune with technology, and up to The Committee organised the second • Justice Bell - Charter of Human Rights date with latest developments in the law. Supreme Court of Victoria Judges’ and Responsibilities Conference at Werribee Mansion in The JCV Board is chaired by the Hon • Justice Vincent AO – Victorian August 2007. The conference was held Marilyn Warren AC, Chief Justice of Criminal Charge Book, Victorian over two days and included sessions Victoria. In addition, the following Sentencing Manual on the Human Rights Charter, Civil Judges from this Court participated in Procedure, Jury Directions and Self- various Committees at the JCV: • Justice Redlich – Victorian Criminal Represented Litigants. Lord Walker of Charge Book • Chief Justice Warren AC – Judicial Gesthingthorpe, Rabinder Singh QC, Dispute Resolution, Charter of Human • Justice Curtain – Victorian Criminal Chief Justice Underwood, Morag Fraser Rights and Responsibilities Charge Book and Professor Jim Ogloff were some of the guest speakers at the conference. The • Justice Eames - Judicial Officers’ • Justice Coghlan – Victorian Criminal conference was a great success with most Aboriginal Cultural Awareness Charge Book, Syllabus Advisory of the judges and masters attending the Committee Committee conference. • Justice Ashley – Loss of Chance • Justice Judd – JOIN Management Group External • Justice Kellam AO – Judicial Dispute Resolution • Master Efthim – Judicial Dispute conferences Resolution • Justice Teague – Juries Intensive and seminars • Master Daly – Syllabus Advisory • Justice Hansen – Syllabus Advisory Committee Judges and masters attended a number Committee (Chair) of other national and international The JCV conducted many successful • Justice Hollingworth – Judgment conferences and seminars this year. programs throughout the year, with a Writing, JOIN Management Group Please see Appendix 2 on page 40 for total of 131 attendances from this Court. more information.
28 of 44 pages Reports from the wider Court Court administration The Chief Executive Officer (CEO) manages the administrative arm of the Court, including some 250 staff. The CEO is responsible to the Chief Justice and the President of the Court of Appeal for the effective administration of the Court. The following departments operate under the leadership of the CEO: • Planning and Strategy • Human Resources • Finance • Security • Juries • Registry.
Workforce Data Administrative staff are appointed under the Public Administration Act 2004 and the Victorian Public Service Agreement 2006.
Supreme Court staff 2007- 2008 (Part-time) (Part time) (Part (Full-time) (full-time) Female Female Female Female Salary Grade Male Male Male
G2 $37,121-$47,670 46 2 44 - G3 $48,714 -$59,148 61 7 25 - G4 $60,307-$68,424 15 6 14 - G5 $69,584-$84,190 6 - 11 - G6 $85,350-$114,216 1 - 8 - TOTAL 129 15 102 - Total Staff numbers = 246
29 of 44 pages Reports from the wider Court Supreme Court Registry
Principal Registry (Trial Division and Probate) Staffing and function With a team of 40 staff, the Principal Client satisfaction Another aspect of the renovations was Subpoenaed documents Registry is responsible for providing the creation of a new discrete public- administrative services to the judiciary, The Principal Registry values feedback space counter for providing guidance Management of subpoenaed documents legal profession, Court users and public. and dedicates staff to identification and to self-represented litigants. Where provided logistical challenges. During These services include managing implementation of service improvements. discussions are more sensitive, a the year, one set of subpoenaed files, and the custody of delivered In the 2007-08 client satisfaction survey, function-built interview room is used. documents produced to the court subpoenaed documents; making orders Registry users rated services as follows: consisted of 75 archive cartons (or 2.8 Other improvements resulting from for administration of deceased estates; cubic metres) of paper documents. This Telephone better use of floor space include and handling enquiries. The principal posed a significant issue for storage Consistent advice received by user 100% reception becoming the first point Registry is also committed to providing and provided some unique inspection Satisfaction with telephone service 92% of contact for people entering the self-represented litigants with a better challenges. At the same time, another Counter Registry, creation of a secure store for understanding of rules and procedures bundle of subpoenaed documents subpoenaed documents and a dedicated (see Self-Represented Litigants’ section). Consistent advice received by user 91% produced to the Court was in CD- Satisfaction with counter service 88% area for subpoenaed document and file Rom format. An audit of subpoenaed A Deputy Registrar assists to identify inspections, and the establishment of For 2008-09 the Principal Registrar has documents held by the Court resulted in service improvements, and maintains a purpose-built, IT-equipped training been instrumental in developing a Court- the return of over 1,000 items. links throughout administration facility. particularly in relation to staffing and wide user satisfaction survey covering all Registry ordered an automated queuing Practice Court recruitment. The Principal Registrars aspects of operations. system scheduled for installation in from courts and tribunals also form a During the year, the Registry established 2008-09. The system channels and network that discusses common themes Innovation and initiatives a coordinator role to assist in the prioritises users according to the nature and issues. Registry continues to focus on service administrative management of cases and complexity of their transactions, seeking to be heard before the Practice improvements with completed and assigns the more complex matters Regional presence renovations greatly enhancing the Court Court. The innovation included to officers identified as having greater providing a Practice Court Online The Principal Registry operates in major from a user’s perspective. Remodelling of technical experience. Derived statistics the front counter significantly improved Calendar (indicating Court sitting time regional locations through Magistrates’ will further enhance workload planning. available), and an online application Court registries. A Regional Court the environment. The area now provides Waiting users will view an LCD monitor a less confronting, sit-down approach form, both accessible via the Supreme Liaison Officer provides assistance to displaying important information such Court’s website. Persons wishing to have regional offices, resolves administrative to client service, an improvement that as Rule or Fee changes, for example. continues to produce positive user a proceeding heard by the Practice Court issues, and ensures the sharing of up- Work continued on creating single then electronically apply for a hearing to-date information regarding Court reactions. The client’s first impression is of a corporate, open-plan office providing transaction points for Court users. Each date and time. sittings. See Circuit Sittings for more counter officer is being equipped to help information. public benches and computer corrals for simple, functional user workspaces, all users complete all of their business at the reinforcing the professionalism of the one point. Similarly, telephone callers Registry. will soon have the option of using an automated call routing system.
30 of 44 pages Reports from the wider Court Supreme Court Registry continued
Principal Registry (Trial Division and Probate) continued Files and records eFiling Activity by region Speaking engagements Environmental sustainability The commencement of electronic filing, Usage of electronic filing remains Members of staff regularly provide offered by Citec-Confirm to legal heavily in the hands of one firm who speakers to user groups, conferences, and During the year, Registry adopted practitioners for civil documentation, filed around 41% of all electronic filings. interest groups such as Law Institute of new environmentally sustainable and has seen exponential growth since Significantly, the top four electronic Victoria, Universities, and professional biodegradable cardboard file covers. commencement in September 2007. filing laws firms delivered to the Court conferences. Multi-function devices also replaced While there was a predictably high around 70% (837 filings) of all e-filed the majority of individual computer percentage of electronic filing usage for documents (1137 filings). Electronic litigation printers, thereby providing improved faxing, scanning, and double-sided Melbourne Registry, there was moderate Activity in regards to electronic litigation photocopying facilities. usage in relation to regional matters. continues to be slow with few enquiries Electronic filing provides an important received by the e-Litigation Coordinator. virtual one-stop shop, taking Court Work commenced on a companion services throughout the state of Victoria. document to Practice Note 1 of 2007 (Guidelines for the Use of Technology in any Civil Litigation Matter), that will provide fuller details on the equipment and facilities available for use by litigants wishing to conduct electronic litigation.
E-filing usage E-filing usage by region E-filing usage by region 240
Wodonga 2.5% Mildura 0.8% Other Law Firms 29%
175 Bendigo 0.3% Warrnambool 2.5% Law Firm D 159
160 151 Geelong 0.3% 6% Law Firm A 41% 141 140 Wangaratta 5.5% 113 100 100 85 80 15 Dec-07 May-08 Nov-07 Mar-08 Feb-08 Oct-07 Sep-07 Jan-08 Jun-08 Apr-08
Law Firm C Melbourne 87.2% 6% Law Firm B 18%
31 of 44 pages Reports from the wider Court Supreme Court Registry continued
Self-Represented Records Management Litigants’ Coordinator Statistical snapshot and A records manager was appointed in Occupational Health & During the course of 2008-09, a number The position of Self-Represented common enquiries October 2007 to assist the court in Safety (OHS) Report of OHS activities are planned: Litigants’ Coordinator at the Supreme managing its historic records. Work • development of Ergonomic During the half-year period from 1 The Supreme Court is committed Court of Victoria was created in began immediately with the Public Workshops; January to 30 June 2008, 460 SRLs to creating a challenging, safe and May 2006. The current coordinator Record Office on preparing a retention have contacted the Coordinator on 713 supportive work environment, and will • implementation of a Manual Handling commenced in his position in late and disposal authority for Supreme separate occasions. The table below continue working towards eliminating Management Plan including a training December 2007 and assists self- Court records. The completion of a classifies the types of enquiries received. and/or reducing the risk of work- and equipment review; and represented litigants (SRLs) with retention and disposal authority will facilitate the transfer of Supreme Court associated injuries and illness for the • Occupational Violence Management procedural advice, court forms, guides Enquiry classification No. records to the state archives. judiciary and court staff. Review. to completing court forms, court fees, Enquiry from a current or listing enquiries, and may be able to potential plaintiff/applicant/ Historic Supreme Court records, some Throughout 2007-08, OHS related The Court’s OHS Committee meets explain the terms of a court order. The appellant in a Supreme Court dating from the 1840s, were removed activities included: bi-monthly throughout the year, Coordinator is not a barrister or solicitor of Victoria proceeding (not from the basement in the Trial Division and supports the development and including enquiries concerning • the Judicial Ergonomic Assessment and cannot provide legal advice. VCAT appeals) 147 building at 210 William Street and are Project; implementation of measures designed being prepared for transfer to the Public to ensure the health and safety of those The Coordinator may also assist SRLs Enquiry from a current or • development of the Handling of Record Office. working at the Court. in general matters on the day of the potential defendant/respondent Dangerous Exhibits Policy; and hearing, such as helping them locate a in a Supreme Court of Victoria proceeding (not including Records transferred to the Public courtroom, explaining where to stand Record Office in 2007-08 • participation in the Flu Vaccination enquiries concerning VCAT Program. in the court and how to present before appeals) 131 Probate Records (Standard the bench. Where appropriate, the VCAT appeal enquiries 95 Archive Box) 996 units In its ongoing commitment toward Coordinator assists with a referral to Enquiries that should properly Licensed Shorthand Writers overall OHS, the Court will continue to: a legal advice provider or a pro bono Register 1891-1975 1 volume be made to another court or • Improve resources and work practices scheme, such as the Law Institute of tribunal 33 that support the overall health and Victoria legal referral service, Legal Aid, Records destroyed under the All other enquiries 54 well being of the judiciary, staff and Victoria Law Aid, Community Legal General Retention and Disposal Total 460 court users; Centres, and the Public Interest Law Authority for Records of Common Administrative Functions in 2007-08 Clearing House. Although not reflected in the above • Develop policies and procedures Finance Records 6.1 m that effectively address the Court’s SRLs are currently referred to the statistics, the enquiries received are Account & Receipt Books 2.15 m prevalent OHS issues; and Coordinator when they make contact extremely diverse. Some of the more common enquiries concern commencing Correspondence Records, • Maintain, and, where reasonably with the general registry of the Court, Prothonotary’s Office 1.30 m practical, improve the physical or by the masters or judges of the Court, a proceeding, filing an appearance/ Staff attendance books .05 m infrastructure of the Court. and through staff from other Victorian defence, commencing a judicial review, Courts and VCAT. seeking an injunction, and applying for a stay on a warrant of possession of a property where a default judgment has been made.
32 of 44 pages Reports from the wider Court Juries Commissioner
Jurors play an important Major achievements role in the justice system in Trials dealing with matters such as Victoria. The Office of the Juries Difference Variance
organised and gang-related crime, 2006-07 2007-08 Commissioner aims to provide national security and terrorism, a representative group of international trade in illicit drugs citizens who, as jurors, actively and high tech crime, have resulted in juries being required to serve for longer participate in the administration periods. Jurors Summoned of the criminal justice system. Melbourne 42,252 38,491 -3,761 -9% It is within the context of Australia’s first “terrorism” trial, R v Abdul Benbrika Circuit 22,273 27,150 4,877 22% & Ors, that the Office of the Juries Grand Total 64,525 65,641 1,116 2% Commissioner faced some challenges relating to selection, managing and Jurors Empanelled administering a jury in a longer trial. Melbourne 4,721 5,892 1,171 25% This trial required the biggest panel that Circuit 1,622 2,072 450 28% the Juries Office has had to cover for Grand Total 6,343 7,964 1,621 26% quite some time. Supreme and County Jury Trials A significant amount of planning and Melbourne 406 511 105 26% preparation was undertaken in order Circuit 147 184 37 25% to ensure that a sufficient number of Grand Total 553 695 142 26% prospective jurors were available for this trial as well as others that may have Supreme Court Juror Trial Days 10,560 9,498 -1,062 -10% required a panel during the week. An alternate ‘pool room’ had to be arranged, and for the first time in this State’s history, part of an empanelment process was undertaken via video link.
33 of 44 pages Reports from the wider Court Reports from the wider Court Library Board of Examiners
The Supreme Court Library provides The Board of Examiners arranges for 2007-08 was a time of great change Since the establishment of the Council of information and reference services to admission to practise in the Supreme for the Board of Examiners. The board Legal Education in 1904, the Honorary the judges and masters of the Supreme Court by persons wishing to be admitted prepared for the commencement of the Secretary of the Council has always been Court and the legal profession, as well as legal practitioners. The Board’s Legal Profession (Admission) Rules 2008 a partner at Allens Arthur Robinson as to Court staff. Its broad collection primary role is to grant (or withhold) the on 1 July 2008 and implementation of (and its predecessor firms Arthur is essential for the research work of Certificates upon which the Court relies reforms flowing from the Review of Robinson & Hedderwicks and Arthur both the Court of Appeal and the Trial when ordering persons to be admitted. Legal Education Report by Professor Robinson & Co.). The same firm also Division. It is also a resource for the As at June 2008, the Board consists of Susan Campbell. provided the secretariat function to the County Court and the Magistrates’ the Attorney-General, the Solicitor- The Legal Profession (Admission) Rules Council, also on an honorary basis and Court and continues to provide most of General, and six local legal practitioners 2008 abolish articles of clerkship and met the expenses of the Council. This the funding for the staff in both these nominated by the Council of Legal replace them with Supervised Workplace has been an extraordinary contribution libraries. The library also provides all Education after consultation with each Training. The rationale for this change to the legal profession. The Campbell the cataloguing for the other two Court professional association and the Legal is to achieve a level of consistency in report noted that the establishment libraries. Services Board. At that date, the Board pre-admission practical training by of several new law schools and the It does this in increasingly straitened comprised: establishing a set of minimum training resulting increase in the number of graduates and demand for Practical financial circumstances. Funding in • Ms Joanne Cameron (Chair) requirements and to bring Victoria’s real terms from government sources is training requirements, into line with Legal Training courses, the emergence constantly decreasing, as is funding from • Dr K Emerton (nominee of the Solicitor- the National Competencies, (necessary of on-line training and the arrival other sources, despite the fact that the General) because of the establishment of the of the national profession rendered the previous structure inappropriate. increase in subscriptions and book costs • Mr R K Meldrum, QC national profession). is normally almost double that of the The Campbell Report recommended • Mr J G Santamaria, QC A new secretariat has been established, the establishment of an integrated Consumer Price Index. integrating the secretary functions of the • Mr P J Jopling, QC Secretariat for the Council and Board, As of 1 July 2008, staff will no longer Board of Examiners with the Council of to support both organisations to respond be employed by the Library Committee • Mr G Provis Legal Education. The role of the Council to the challenges presented by these but by the Department of Justice, adding of Legal Education is to determine the • Mr Damien Grave developments. to the library’s expenses. A review of requirements for admission, approve the library will be undertaken in the • Mr R Besley (Secretary) law courses and practical legal training The new secretariat is now administratively independent of the forthcoming financial year. The following are key statistics for the providers, and assess the qualifications of overseas practitioners. Supreme Court and has moved into new reporting period: accommodation at 451 Little Bourke Board Meetings: 15 Street. Applications considered by the 101 Board in hearing: Admissions 1,065 Articles of Clerkship Approved: 842
34 of 44 pages Reports from the wider Court Reports from the wider Court Adult Parole Board Forensic Leave Panel
The Adult Parole Board is an release of prisoners on parole, as well The Forensic Leave Panel, an The panel reports to Parliament each independent statutory body established as responsibilities in relation to home independent statutory body established calendar year. In 2007, at 17 hearings, under the Corrections Act 1986. For the detention and extended supervision under the Crimes (Mental Impairment and it dealt with 178 applications for 761 past 50 years the Board has been chaired orders. Unfitness to be Tried) Act 1997, involves different leave purposes by 66 forensic by a Supreme Court judge. Throughout the year the Board met Judges in work additional to their patients and three forensic residents. Of Justice Kellam was Chairperson until 30 123 times. Of those meetings, 51 were normal judicial load. The Act governs those, 47 patients and two residents were September 2007 when he was appointed conducted in prisons. In all, 8,520 the detention, management and release subject to Supreme Court orders. to the Court of Appeal. Justice Teague matters were considered, and 1,606 of those unfit to be tried or not guilty on grounds of mental impairment. was Chairperson until his retirement prisoners were interviewed. After many years of dedicated service, from the Supreme Court on 15 February The extra-judicial workload imposed The panel must include a Supreme Court upon their respective retirements from 2008. On 11 February 2008, Justice on judges who are members of the Judge. Forensic patients and residents the Court, the Honourable Bernard Whelan was appointed as Chairperson Board is substantial and has increased under custodial supervision orders can Teague retired as President of the for the period from 15 February 2008 to in recent years. apply to the panel for different types of panel on 15 February 2008 and the 28 May 2010. On 22 September 2007, leave. The panel hearing the application Honourable John Coldrey retired as a Justice Curtain was appointed as a will include a judge from the sentencing Judicial Member on 4 April 2008. Justice judicial member of the Board for a three- court and, depending upon whether Williams took over as President and year term. the applicant is a forensic patient or Justice Coghlan and Justice Forrest were The Board comprises serving Supreme resident, may also include the Chief appointed as Judicial Members from Court and County Court judges and Psychiatrist (or nominee), a psychiatrist 4 March 2008 to 3 March 2013. magistrates, together with retired or psychologist, and a community judicial officers, and community representative. members. The obligations of the Board are demanding. They include the responsibility to make independent and appropriate decisions regarding the
35 of 44 pages Reports from the wider Court 2007–08 Finance Report
2006-07 2007-08 2007-08 Under or Actual Actual Budget (Over) $000 $000 $000 Budget $000 REVENUE * Government Funding and other Controlled Revenue 35,550 42,059 43,230 1,171
TOTAL REVENUE 35,550 42,059 43,230 1,171
EXPENDITURE Total of TRIAL and APPEAL etc - but NOT Juries Commissioners Office
Special Appropriation 15,857 16,690 18,589 1,899
Annual appropriations Staff salaries and related expenses 10,316 10,696 10,641 (55) All other Operating Costs 4,985 6,446 6,569 122** Non discretionary (mainly depreciation) 2,415 2,450 2,450 0
Total Non Capital Expenditure - Trial & Appeal 33,573 36,282 38,249 1,967
JURIES Commissioner’s Office Staff salaries and related expenses 1,004 1,106 1,140 34 Operating Costs 791 752 355 (397) Juror Payments 2,824 3,212 3,482 270 Non discretionary (mainly depreciation) 9 3 3 (0)
Total Non Capital Expenditure - Juries 4,628 5,073 4,980 (93)
Capital Expenditure (All divisions of Court) 673 1,229 1,700 471
TOTAL ALL EXPENDITURE 38,874 42,584 44,929 2,345
* The above figures show controlled funds only. They omit Court and Probate Fees collected ($12,413,268 - 2007/08 Actual) and Cash Transfers out ($12,339,533 - 2007/08 Actual) ** Figure affected by rounding
36 of 44 pages Glossary
Adjournment CEO Court of Appeal Listing Master Pleadings A procedure to suspend or postpone a The Chief Executive Officer is an officer The Court of Appeal hears appeals from A judicial officer responsible for listing A series of written statements exchanged hearing to a future date. of the Court and is employed pursuant Criminal and Civil trials heard by Judges civil cases to be heard in Court by between the parties in a proceeding. to s 106(a) of the Supreme Court Act of the Supreme Court and the County fixing dates for trial before the Judges They set out and clarify the claims and Appeal 1986 and the Public Administration Act Court. It also hears appeals from some and drawing up, maintaining and defences of the parties and help define An application to a higher court to 2004. The Chief Executive Officer is proceedings which have come before coordinating these lists of cases. the issues that must be determined. review the decision of a lower court. responsible for the overall administration the Victorian Civil and Administrative of the Court and oversees all the various Tribunal (VCAT) and other Tribunals. Master Practice Court Associate works in the Court, with the exception A Judicial Officer who carries A Court where short and or urgent Each Judge and Master has an Associate. of those areas that report directly to the Criminal Division out judicial functions in the civil applications can be made. A Judge The Associate’s duties involve the judiciary. A Division of the Court’s Trial Division jurisdictions of the Court pursuant to the presides over the Practice Court. administrative function of running brought into effect on 1 February 2000, Rules of the Supreme Court. Court hearings. They also act as general Civil Management List (C.M.L.) pursuant to Practice Note 4 of 1999. Presentment assistants to their Judge/Master. Judges’ Any civil proceeding that is not in Mediation Used in criminal proceedings this is a Associates wear robes in Court. the Specialist List, which has been Directions Hearing A form of alternative dispute resolution document filed in Court, which describes commenced by writ and has had a A form of preliminary hearing conducted (ADR), which aims to assist two (or more) the crimes alleged by the prosecution to Award Funds defence filed, is entered into C.M.L. for when directions are given for the main disputants in reaching an agreement. have been committed by a defendant. Paid into Funds in Court, Award Funds case management. The majority of civil hearing to be held at a later date. Non Award Funds represent an award of damages, or proceedings are not in Specialist Lists Pre-Trial Conference Docketing compensation, for a person under a legal but within the C.M.L. Paid into Funds in Court, however A Pre-Trial Conference is a form of disability, who has had a proceeding in A method by which cases are scheduled unlike Award Funds these funds are not dispute resolution that usually takes a Court brought for and on his or her Circuit for hearing. held for a particular individual who, but place after a proceeding has been set behalf. A person for whom the Court Sittings of the Supreme Court, which are for disability, is presently entitled to the down for trial. Funds In Court holds funds is called a beneficiary. held in various regional districts within funds. For example interest and taxation Victoria. A discrete, self-funded division of the payments are non-award funds. Probate Call Over Lists Court where the Senior Master holds, Proving of a will as authentic or valid. Some matters are listed in a callover, list Commercial and Equity Division administers and invests all funds paid Originating Motion The Court is authorised to declare that for their first hearing. At the callover, A division of the Court’s Trial Division into the Court. A form of process used to commence a a Will is valid, allowing the executor parties appear and make submissions brought into effect on 1 February 2000, proceeding where required by an Act to collect the deceased’s assets and so Injunction about the further conduct of the matter. pursuant to Practice Note 4 of 1999. or by the Rules, and where there is no administer the estate according to the The Judge/Master then gives further A Court Order imposed to make a person defendant or when it is unlikely that terms of the Will. directions for the conduct of the matter if Common Law Division do something or refrain from doing there will be any substantial dispute of necessary and lists the matter for further. A Division of the Court’s Trial Division something. fact between the parties in a proceeding. Security for Costs brought into effect on 1 February 2000, The Court may, on application of a Interlocutory Applications pursuant to Practice Note 4 of 1999. Party Party Costs defendant, order that security for the Provisional or interim applications In civil litigation matters the costs of the defendant in the proceeding which are brought between the unsuccessful party may be required to be paid by the plaintiff under certain beginning and the end of a proceeding to pay the successful party’s costs. These circumstances. decide a particular matter that is not the costs are known as party party costs. final issue of the entire proceeding.
37 of 44 pages Solicitor Client Costs Tipstaff Costs which a solicitor charges their An Officer of the Court who sits next to client for legal services provided directly the Associate and in front of the Judge to the client. during Court. The Tipstaff is responsible for keeping order in the court and will Specialist list usually swear in or affirm witnesses. A Judge-controlled list that provides specialist management to cases Trial Division concerning that list and associated A division of the Court comprising disputes. The Judge in charge gives the Chief Justice and generally about directions to the parties from the early 20 other Judges. The Trial Division is stages of the proceedings and will further divided into three sub-divisions: usually conduct the trial proceedings in the Commercial and Equity Division, the the list. The Court has nine Specialist Common Law Division and the Criminal lists: (i) Admiralty list; (ii) Building Division. Cases list; (iii) Civil list; (iv) Commercial list; (v) Corporations list; (vi) Intellectual Self Represented Litigants Property list; (vii) Major Torts list; (viii) Individuals who do not have legal Victorian Compensation and Planning representation and who are representing list; (ix) Victorian Taxation Appeals list. themselves in a proceeding. Subpoena VCAT A Writ or Summons issued in a Victorian Civil and Administrative proceeding requiring the person to Tribunal. whom it is directed to be present at a particular place and time for a specified purpose under a penalty for non- attendance. Taxation The procedure in which legal costs are assessed. There are two types of legal costs: party party costs and solicitor client costs.
38 of 44 pages Appendix Judicial Activity
In addition to their judicial Chief Justice Warren • On 18 October 2007 Chief Justice • On 29 November 2007 the Chief • On 13 March 2008 the Chief Justice, functions the Judges and Masters • On 3 August 2007 the Chief Justice attended and co-hosted the 40th Justice addressed the Annual General Justices Byrne, Habersberger, Osborn, Anniversary Reception for the Victoria Meeting of Hanover Welfare Services. Williams and Hollingworth attended of the Court undertake many made an address: “Mistake and Unjust Enrichment – The double life of the Law Foundation at Government House. the Dame Roma Mitchell Memorial extra activities to contribute • On 29 November 2007 the Chief law and its progress”, at the Restitution • On 26 October 2007 the Chief Justice Justice attended the Women Barristers’ lecture. to the development of the law in Commercial Law Conference in met with members of the Law Council Association Annual Dinner. • From 26-28 March 2008 the Chief and also to stay abreast of the Sydney. of Australia at their executive retreat • On 23 January 2008 the Chief Justice Justice attended the Council of Chief latest developments in the law. • On 15 August 2007 the Chief Justice to discuss issues currently facing the chaired a session by Justice Hayne on Justices of Australia and New Zealand Attendances by Judges and delivered the Sir Anthony Mason Supreme Court. “The Vanishing Trial” at the Supreme held at Uluru. Masters on these occasions also Honorary Lecture “Why be a lawyer?” • On 30 October 2007 the Chief Justice and Federal Court Judges Conference. • On 2 April 2008 the Chief Justice and to the Melbourne University Law presented a session on “Maintaining enable Judges to explain to the • On 29 January 2008 the Chief Justice Justices Kellam, Hansen, Bell and Students’ Society. psychological and physical health” Coghlan and Master Kings attended community their work and why it made an address at the International • On 21 August 2007 the Chief Justice at the National Judicial Orientation Commission of Jurists (ICJ) ceremony the Judicial Education in the 21st is important to society to have an attended a lecture by Justice Salim Program. for the Opening of the Legal Year. Century Workshop run by the Judicial independent judiciary. Joubran on “The Judicial System and College of Victoria (JCV). • On 1 November 2007 the Chief Justice • On 13 February 2008 the Chief Justice the Role of the Supreme Court in This appendix lists some of the activities hosted and attended a meeting of the together with Justice Byrne addressed • On 5 May 2008 the Chief Justice, Israel”. undertaken by the Judges and Masters of Council of Chief Justices of Australia and lawyers on “Directions in commercial Justices Dodds-Streeton and Cummins the Supreme Court of Victoria during the • On 30 August 2007 the Chief Justice New Zealand at the Court. litigation at the Supreme Court of attended the Monash University Law reporting period. and Justice Hollingworth met with • On 10 November 2007 the Chief Victoria” at Freehills. School’s Seventh Fiat Justitia Lecture. visiting South Pacific lawyers at the Justice and Justice Hollingworth • On 21 February 2008 the Chief Justice, • On 7 May 2008 the Chief Justice and Court. attended the Annual Dinner for the Justices Byrne and Pagone and Master Justice Forrest presented the Legal • On 7 September 2007 the Chief Justice Chartered Institute of Arbitrators Daly launched the Building Cases Practice Reporting Awards at the Supreme Court delivered an address to the Australian (Australian Branch). Note at the Victoria University. Library. Women Lawyers 10 Year Anniversary • On 14 November 2007 the Chief • On 6 March 2008 the Chief Justice • On 12 May 2008 the Chief Justice Dinner. Justice made the address “Human delivered the welcome speech at the officially launched Law Week and Arts • From 8-11 October 2007 the Chief Rights: a New Direction in Victoria”, Victorian Institute of Forensic Medicine Law Week. Society of Notaries’ Annual Dinner Justice participated in the inaugural at the . Council Dinner. • On 14 May 2008 the Chief Justice Indo-Australian Legal Forum Meeting • On 15 November 2007 the Chief • On 11 March 2008 the Chief Justice delivered a presentation at the Bar at the Supreme Court of India, New Justice toured and met with the staff at chaired a meeting of the Council of Readers Course at the Victorian bar Delhi. the Dame Phyllis Frost Centre. Legal Education at the Supreme Court. Council on “Directions in Litigation at • On 16 October 2007 the Chief Justice • On 21 November 2007 the Chief Justice Harper and Hollingworth the Supreme Court”. and Justices Chernov, Nettle, Neave Justice launched Dr Peter Cashman’s attended the meeting. • On 19 May 2008 the Chief Justice and Cavanough attended a lecture new publication: Class Action Law and the President took part as Lead by Dr Donovan Waters QC FRSC on and Practice,. Walkers and Patrons in the inaugural the “The Future of Trusts” at the Melbourne Walk for Justice. Supreme Court.
39 of 44 pages • On 23 May 2008 the Chief Justice, the President Maxwell • On 8 April 2008 the President Justice Ashley • On 9 April 2008 Justice Neave President, Justice Smith and Master • On 14 June, 29 June and 24 August launched the ‘Sentencing Advisory • On 12 June 2008 Justice Ashley delivered a speech to Melbourne Kings attended a JCV Communication in 2007 the President attended a one day Council Book Launch on Penal presented at a JCV Seminar on “Loss University Law students on “Beyond the Court Room Workshop (a 360 degree Leadership Program Session. Populism, Sentencing Councils and of Chance” at Leo Cussen Institute. Collins Street”. feedback session). Sentencing Policy” at the County Court. • On 30 October 2007 the President Justices Smith, Forrest, Kyrou and • On 23 April 2008 Justice Neave • On 26 May 2008 the Chief Justice, chaired a session, “Court Craft – • On 21 May 2008 the President gave a Masters Efthim and Wood attended the participated in a panel at the Australia Justices Dodds-Streeton, Cummins Communication/Managing a Highly speech at the Law Institute of Victoria’s seminar. and New Zealand Ombudsman’s Harper, Williams and Hollingworth Charged Hearing”, at the National (LIV) Commercial Litigation Specialist Conference. attended a meeting of the Council of Legal Study Group Justice Neave Judicial Orientation Program. . • On 29 April 2008 Justice Neave Education. • On 22 August 2007 Justice Neave together with Justice Hayne and • On 25 July 2007 the President Justice Buchanan made an address at the Department of • On 28 May 2008 the Chief Justice Justice Weinberg judged the grand final delivered a speech at the launch of the • On 30 October 2007 Justices Justice Forum on “Parallel pathways to spoke at the launch of the Civil Justice of the Monash Law Student’s Society moot. Prizer’s, Annotated VCAT Act, 3rd edition. Buchanan, Harper and Curtain deal with sexual assault”. Review held at the Legislative Council conducted a session, “Ethics”, to the • On 15 and 16 May Justices Neave, Room at Parliament House. Justice • On 27 July 2007 the President • Justice Neave delivered a speech on Victorian Bar Readers. Hollingworth, Forrest and Lasry and Harper attended the launch. attended the JCV seminar on “Juries”. “Restorative Justice and Serious Sexual Master Daly participated in a JCV • On 6 May 2008 Justices Buchanan, Offences” to the Annual General Meeting • On 29 May 2008 the Chief Justice • On 6 Septmber 2007 the President workshop on Oral Decision Making. Harper and Hollingworth spoke to the of the Victorian Association for Restorative chaired a JCV Seminar given by the chaired a presentation by Professor Robert Readers Course about Ethical Duties to the Justice at the Law Institute of Victoria • On 29 May 2008 Justice Neave Rt Honourable The Lord Phillips of Hayes and Dr Danny Sullivan, “Mental illness and sentencing, psychosis and Court. on 15 August 2007. presented at the Women’s Career Worth Matravers, Lord Chief Justice Pathways Breakfast. of England and Wales on judicial violent crime”. Justice Chernov • Justice Neave delivered an address at education. the Opening of the Child Witness Service • On 13 June 2008 Justice Neave • On 25 September 2007 the President • On 21 January 2007 Justice Chernov on 5 September 2007 delivered the speech “Hearts and • On 30 May 2008 the Chief Justice, the made the opening address on “The held discussions on the Judicial Minds – the Next Step” at the President and Justice Smith attended Australian Bill of Rights” at the 2007 • Justice Neave delivered the annual Remuneration Tribunal with judges from Australian Women Lawyers’ Conference. the 15th Australian Institute of Judicial Protecting Human Rights Conference at the other jurisdictions in Sydney. Mayo Lecture on “Making Law Reform Administration (AIJA) Oration which Melbourne Law School. Work: the promise and limits of law Justice Redlich Justice Vincent reform” to the James Cook University was given by the Rt Honourable The • On 19 October 2007 the President • From 22-24 August 2007 Justice Law School in Townsville on 14 Lord Phillips of Worth Matravers, delivered the keynote address on • On 6 and 7 October 2007 Justices Redlich participated in the JCV September 2007 Lord Chief Justice of England “Recent developments in criminal Vincent, Harper, Bongiorno and Judgment Writing Workshop. and Wale and attended the AIJA appeals” at the Victoria Legal Aid Curtain and Master Kings attended the • On 19, 22, 24 and 26 October 2007 • On 26-27 November 2007 Justice Conference on Courts Governance on Criminal law Conference. Judicial Conference of Australia Colloquium Justice Neave made the introductory Redlich attended the Cranlana Program 31 May 2008. in Sydney. remarks at the JCV Human Rights • On 16 November 2007 the President “Justice and Society”. attended the launch of the Duty Justice Nettle Charter sessions. Justice Kellam Barristers Scheme as the Chief Justice’s • Justice Nettle made an address at • On 13 March 2008 Justice Neave representative at the Melbourne the dinner in honour of the 10th presented a speech on International • From 5-10 November 2007 Justice Magistrates’ Court. anniversary of Justice Hayne’s appointment Women’s Day dinner at the Melbourne Kellam, as the Chief Justice’s to the High Court on 11 September 2007. Girls College. representative, attended the 17th Pacific Judicial Conference in Tonga.
40 of 44 pages • On 21 August 2007 Justice Kellam Justice Teague Justice Cummins Justice Byrne • On 10 October 2007 Justice Harper attended a lecture by Justice Salim Joubran • From 9-13 September 2007 Justice • On 27 July 2007 Justice Cummins • On 5 September 2007 Justice Byrne attended the launch of the Victorian law on “The Judicial System and the Role of Teague attended the Commonwealth presented a paper, “The Benthamite presented a paper “The Future of Reform Commission Final Report on the the Supreme Court in Israel”. Law Conference in Nairobi. Principle of Open Courts”, at the Litigation of Construction Law Bail Act Reference, as Commissioner of the Reference, at Parliament House. • From 26-28 March 2008 Justice • From 23-27 September 2007 Justice Conference of the Centre for Media and Disputes” at a reception in his honour Kellam assisted other judges of the Teague attended the International Communications Law and the Australian to mark his appointment as Patron to • On 29 October 2007 Justice Harper National and Supreme Courts of Papua Association of Judges Conference in Press Council at the University of the Melbourne Law Masters Graduate launched a book, Vocational education New Guinea with a criminal workshop Trondheim, Norway. Melbourne. Program in Construction Law. and training for adult prisoners and “Criminal Law Practice and Procedure offenders in Australia: Research • In October 2007 Justice Teague • On 5 August 2007 Justice Cummins • On 19 March 2008 Justice Byrne Workshop” in Port Morsby, Papua addressed the Tribunal Conference presented a paper at the Building readings, for the National Centre for New Guinea. attended meetings and information Vocational Education Research. sessions on “Jury management and of Basketball Victoria on “procedural Dispute Practitioners Education • On 10 May 2008 Justice Kellam innvoation, judicial leadership, fairness”. Seminar. Master Daly attended the • On 8 November 2007 Justice Harper gave a speech to the Australian and workload/case allocation, court • On 22 August 2007 Justice Cummins seminar. attended a meeting of the Monash New Zealand Association of Psychiatry, technology solutions and assessing presided over the Melbourne • On 9 April 2008 Justice Byrne Postgraduate Studies Program for Psychology and Law at their Autumn judicial performance” with members University Junior Witness Examination presented the “Building Cases Practice International Human Rights and Symposium on “The Prediction of Risk of the National Centre for State Courts in Competition. Note” at the Victoria Bar Education Humanitarian Law. from a Judge’s Perspective in Mental Williamsburg, United States of America. Seminar. Justice Pagone and Master • On 22 November 2007 Justice Harper Impairment: Sentencing and Parole Justice Smith • On 10 November 2007 Justice Teague Daly attended the Seminar. attended the Victorian Association Board Cases”. • On 14 June, 29 June and 24 August attended the National Judicial College of • On 16 April 2008 Justice Byrne and for the Care and Settlement of Offenders 2007 Justice Smith attended a one day • On 19 and 20 May 2008 Justices Australia’s conference, Communication Justice Pagone addressed the Master Annual General Meeting. Kellam and Cummins presented at Leadership Program Session. in the Courtroom, in Sydney. Builder’s Association on the “Building • On 27 November 2007 Justice Harper the National Judicial College Phoenix Justice Coldrey Cases Practice Note”. chaired a meeting of the Probate Users’ Conference in Canberra. • On 16 November 2007 Justice Teague Group. and Justice Bongiorno attended a • On 11 August 2007 Justice Coldrey • On 20 June 2008 Justice Kellam was Justice Harper seminar at Mallesons Stephen Jacques’ delivered an address at the Melbourne • On 28 November 2007 and on 25 a presenter at the JCV Judicial Dispute • On 27 July 2007 Justice Harper Melbourne office to discuss “Court Life”. University Hockey Club Centenary June 2008 Justice Harper chaired Resolution Seminar. attended the JCV seminar on “Juries”. • On 22 November 2007 Justice Teague Dinner. the International Humanitarian Law • On 2 August 2007, 13 September Committee meeting at the Australian Justice Dodds-Streeton conferred the 2007 Accredited • In January 2008 Justice Coldrey 2007 Justice Harper, as the Victorian Red Cross (Victorian Division). Specialist Certificate at the 2007 presented a paper on “Judges and their • On 5 October 2007 Justice Dodds- representative, participated in a Specialisation Dinner and Conferral Chief Justice – what do you expect • On 21 February 2008 and 19 May Streeton delivered an address on “The Judicial Conference of Australia Executive Ceremony. from them?” at the Supreme and 2008 Justice Harper participated New Charter of Human Rights and Committee teleconference. Responsibilities” to the graduating • On 27 July 2007 Justice Teague Federal Court Judges’ Conference. in a teleconference for the Judicial • On 6 and 7 October 2007 Justice class of Leo Cussen Institute. chaired the JCV seminar on “Juries”. Conference of Australia Executive Harper attended the Judicial Conference Committee. • On 16 May 2008 Justice Dodds- of Australia Colloquium in Sydney. Streeton chaired a Law Week 2008 • On 17 May 2008 Justice Harper event entitled “Animal Law and presided over a moot court with Animal Welfare: Conversations with Monash Law students as part of our law-makers”. Law Week Open Day.
41 of 44 pages • On 23 May 2008 Justice Harper Justice Habersberger Justice Kaye Justice Hollingworth • From 2-8 August 2007 Justice Bell attended a meeting of the JCA in Sydney. • On 22 October 2007 Justice • On 2 August 2007, 12 December 2007, • On 22 November 2007 Justice attended and was a guest presenter at • On 23 May 2008 and on 14 June Habersberger and Justice 4 February 2008 and 13 March 2008 Hollingworth was the guest speaker at the Monash University Comparative Bill of 2008 Justice Harper together with Hollingworth attended the launch of the Justice Kaye chaired a meeting of the the Victorian Bar Readers’ Course Dinner. Rights Masters Program. biography of Sir Ronald Wilson the chair of the JCA, Justice Bruce . Judicial Officers’ Aboriginal Awareness • From 14-21 July 2007 Justice • On 13 August 2007, 28 February 2008, Debelle, attended a meeting with • On 26 March 2008 Justice Committee. Hollingworth taught advocacy at the 1 May 2008, 22 May 2008, 4 June the Commonwealth Attorney General to Habersberger spoke at the LIV Young • On 21 August 2007 Justice Kaye Victorian Bar Intensive Advocacy 2008 and on 19 June 2008 Justice discuss the superannuation surcharge Lawyers section about careers in the attended a lecture by Justice Salim Skills Workshop as part of the Bell chaired a Human Rights Seminar and the removal of discrimination in law. Joubran on “The Judicial System and Victorian Bar Team in Port Moresby, organised by JCV. Judges Pension Act (Cth) against same- the Role of the Supreme Court in Papua New Guinea. • In 19 September 2007 Justice Bell sex partners of judges. Justice Osborn Israel”. • From 3-5 August 2007 Justice attended and chaired a meeting of the • In January 2008 Justice Osborn spoke • On 18 June 2008 Justice Harper • From 11 February 2008 to 29 February Hollingworth attended the Restitution Judicial College of Victoria Human Rights as a commentator on “Concerned chaired a meeting of the Academic 2009 Justice Kaye hosted three in Commercial Law Conference in Sydney. Steering Committee. Course Appraisal Committee. Sentencing Decision-Making” at indigenous interns. • On 24 October 2007 Justice Bell the Supreme and Federal Court Judges’ • From 22-24 August 2007 Justice attended and chaired the Judicial College Justice Hansen Conference. • On 8 April 2008 and on 20 May Hollingworth instructed at the JCV of Victoria Human Rights Intensive – The • On 24 August 2007 Justice Hansen 2008, Justice Kaye participated in a Judgment Writing Workshop. Justice Williams Practice (Part Two). participated in the AIJA Discovery teleconference of the AIJA Aboriginal • On 22 April 2008 Justice Seminar 2007 • On 26 September 2007 Justice Justice Committee. Hollingworth delivered the Juris • On 4 December 2007 Justice Bell Williams hosted Justice Ramkumar P made an address on the “Charter on Justice Bongiorno • On 14 April 2008 Justice Kaye chaired Doctorate lecture at Melbourne University Shah of the Supreme Court of Nepal in the JCV session on “Indigenous People on Civil Procedure Reforms. Human Rights and Responsibilities • On 6 and 7 October 2007 Justice her court and met with His Honour and the Law” at the Supreme Court. Act 2006” at the Public Law Association Bongiorno attended the Judicial to discuss Australia’s Federal Court • On 4 May 2008 Justice Hollingworth of the Commercial bar. Conference of Australia Colloquium in system and court structures. Justice Whelan presided over an all-day moot assessment for the Bar Readers Course. • On 16 April 2008 Justice Bell attended Sydney. • On 15 and 16 June 2008 Justice • On 9 October 2007 Justices Whelan a special sitting of the Broadmeadows • On 11 January 2008 Justice Bongiorno Williams participated in the Australian and Bell attended a luncheon with court • On 29 May 2008 Justice Hollingworth Koori Court. reporters and media representatives to spoke at Victoria University on the topic together with Justice Osborn visited Women Lawyer’s Conference. Her • On 17 & 18 April 2008 Justice Bell meet and discuss issues in relation to of “A Career in Law”. the new Parramatta Trials Court to view Honour, together with two other judges, attended the JCV Program, “JCV the workings of the Court. the facilities for high-security trials. was a speaker in the session “Judicial Justice Bell Cross Jurisdictional Judicial Leadership Discretion”. • On 14 March 2008 Justice Bongiorno • From 26 June 2008 Justice Whelan • On 25 July 2007, 26 September 2007, Program”. and Master Daly delivered a was part of a judicial panel at a 27 February 2008 and on 1 May • On 15 May 2008 Justice Bell was presentation on the topic of “Court seminar on the Future of Forensic 2008 Justice Bell chaired a meeting the key note speaker at the Victorian measures for controlling eDiscovery” Accounting held by the Australian regarding the Attorney-General’s bar Legal Assistance Scheme thank you at the 4th AIJA Law and Technology Institute of Chartered Accountants in Alternative Dispute Resolution (ADR) function. Sydney. Conference held in Sydney. Justice Project. Pagone attended the conference.
42 of 44 pages • On 20 May 2008 Justice Bell attended Justice Curtain • On 26 October 2007 Justice Pagone • On 2 April 2008 Justice Pagone Justice Lasry the JCV cross-jurisdictional leadership • On 6 and 7 October 2007 Justices made a presentation on behalf of the launched the book Storia dell Australia • On 10 November 2007 Justice Lasry program. Curtain attended the Judicial Conference The Italian Historical Society, COASIT, (The History of Australia) at the attended and spoke at the Law Society • On 27 May 2008 Justice Bell attended of Australia Colloquium in Sydney. at the Migration Museum Conference in Historical Italian Society. of South Australia’s Criminal Law Rome Italy. and chaired a Leo Cussons Institute • From 22-24 August 2007 Justice • On 16 April 2008 Justice Pagone Conference 2007: Changing Times in seminar on “Charter of Human Rights Curtain participated in the JCV • On 9 November 2007 Justice Pagone delievered the speech “ Capital v Victor Harbour, South Australia. and Responsibilities Act”. Judgement Writing Workshop. presented the 2007 Victorian Law Revenue: the sun never sets” at the • On 27 February 2008 Justice Lasry • On 5 and 6 June 2008 Justice Bell Foundation Community Legal Centre Corporate Tax Seminar. spoke at the Australian Insurance Justice Pagone attended the Australasian Institute Fellowship Award at the 20th Annual • On 1 May 2008 Justice Pagone gave Lawyers’ Dinner. • On 16 August 2007 Justice Pagone Tim McCoy Memorial Dinner. of Judicial Administration/Council of the lecture “Where are we now with • On 15 March 2008 Justice Lasry presided over the Melbourne Australasian Tribunals Conference. • On 3 March 2008 Justice Pagone was Part IVA” as part of the Melbourne Law was the guest speaker at the Public University 2007 Mallesons Stephen • From 27-30 June 2008 Justice Bell the guest speaker at the presentation Masters subject Current Issues in Tax. Defender’s conference in Sydney. Jaques Junior Mooting Grand Final on 16 attended the International Council of of the 2008 Dante Society Prizes • On 21 May 2008 Justice Pagone spoke August 2007. held at the St Mary’s College, Melbourne • On 1 April 2008 Justice Lasry Advocates and Barristers World Bar on the topic of “Litigation and ADR” at introduced a public lecture “Defencing • From 22-24 August 2007 Justice University. Conference in Dublin and Belfast. the Construction Law Conference. Human Rights” held at the University of Pagone participated in the JCV • On 11 March 2008 Justice Pagone • On 28 May 2008 Justice Pagone Melbourne. Justice Hargrave Judgement Writing Workshop. spoke at the Dante Alighieri Society presented the Supreme Court Prize and • On 9 April 2008 Justice Lasry • In April 2008 Justice Hargrave • On 13 September 2007 Justice Pagone Meeting. other awards at the Melbourne University introduced Ms Hina Jilani, Special represented the Supreme Court of delivered a speech, “Acting for the • On 15 March 2008 Justice Pagone Awards Ceremony. Representative of the UN Secretary Victoria at the Judicial Seminar on Commissioner: Reflections for the delivered the Second Annual Graham General, at a Human Rights Forum at Commercial Litigation in Sydney. Tax Bar Association and the ATO ”, Justice Robson Hill Memorial Lecture at the Taxation Melbourne University Law School. Justice Cavanough to the members of the tax and accounting Institute of Australian National Conference • On 19 May 2008 Justice Robson attended profession. in Adelaide. a presentation entitled “Director’s Duties: • On 6 May 2008 Justice Lasry • On 26 July 2007 Justice Cavanough, delievered the Occassional Address • In October 2007 Justices Pagone, Navigating the Storm on Board” at the on behalf of the Chief Justice, attended • On 19 March 2008 Justice Pagone and also received an Honorary Coghlan, Forrest and Master Centre for Corporate Law and Securities the The Victorian Magistrates’ Association presented, on behalf of the Chief Doctorate, “to recognise and honour Lansdowne participated in the National Regulation. Dinner on 26 July 2007. Justice, the two Supreme Court prizes his contributions to social justice, Judicial Orientation Program. for best Honours and best Honours • On 3 May 2008 Justice Cavanough Justice Forrest particularly in the area of law” at the thesis and three Tax law prizes at the attended the Judges’ Conference 2009 • On 18 October 2007 Justice Pagone • On 9 November 2007 Justice Forrest Australian Catholic University Melbourne Monash Law School Prize Ceremony. Steering Committee meeting in Sydney. gave the Occasion Address at the attended, as the Chief Justice’s Graduation Ceremony. Monash University Law Graduation • On 28 March 2008 Justice Pagone representative, the Geelong Law • On 14 May 2008 Justice Lasry Ceremony. spoke at the launch of the Italian Association Annual Dinner. presided over a mock trial of Ned Kelly Historian Society (CO.AS.IT.) Gambling • On 29 September 2007 Justice • On 14 November 2007 Justice Forrest under the Commonwealth terrorism Project. Pagone presented a Continuing Legal attended the LIV Reception for Newly laws, which took place at the Old Education paper “Advising on Part Admitted Practitioners. Magistrates’ Court as part of Law Week. IVA” for the Tax Bar Association.
43 of 44 pages • On 30 May 2008 Justice Lasry Master Efthim • On 29 April 2008 Master Efthim presented to the LIV Human Rights • On 31 July 2007 Master Efthim gave a delivered a presentation to the Conference on the topic of “The Charter guest lecture on “Corporate Insolvency Bar Readers Course. of Human Rights and Criminal and Corporations Court Applications” • On 16 June 2008 Master Efthim Procedure in Victoria”. for the Monash LLM students. attended a seminar on “Duties and • On 14 June 2008 Justice Lasry gave • On 13 August 2007 Master Efthim Powers of Judges and Masters” the Inaugural Law Lecture to celebrate chaired the Melbourne Central at the Leo Cussen Institute. the 150th anniversary of the Beechworth Insolvency Discussion Group and Master Wood Historic District, at the Beechworth made a presentation on “Cases in Court House. the Corporations List in the Supreme • On 17 October 2007 Master Wood Court”. and Master Daly attended a seminar Master Evans on the “Secrets of the Private Session” • On 24 August 2007 Master Evans • On 6 September 2007 Master Efthim by Laurence Boulle at VCAT. participated in the AIJA Discovery presided over the Melbourne Law School’s Negotiation Competition. • On 28 May 2008 Master Wood Seminar 2007. addressed a Leo Cussen Institute seminar • On 14 May 2008 Masters Evans, • On 19 Septmber 2007 Master Efthim on “Taxation of Costs – Top Ten Tips”. Kings and Daly took part in the Moots was a special guest presenter at the Leo for the Bar Readers Course. Cussen’s Drafting Pleadings Workshop. Master Daly • Master Daly attended a LEADR Master Kings • On 18 October 2007 Master Efthim presented a Continuing Legal Education Mediation Workshop in Adelaide from • On 24 August 2007 Master Kings seminar on “The Procedures and 12 to 15 September 2007. participated in the AIJA Discovery Pitfalls of Winding up Companies and Seminar 2007. Company Reinstatements”. • On 17 May 2008 Master Kings • On 5 February 2008 Master Efthim conducted a court tour as part of presented a speech on “Insolvency Law Week Open Day. Law” to students at the University of Melbourne Law School. Design: Mackay Branson design Photography: Michael McGarvie Supreme Court of Victoria 210 William Street Melbourne VIC 3000 Telephone 03 9603 6111 www.supremecourt.vic.gov.au