High Court of Australia Annual Report 2008–09 © Commonwealth of Australia 2009 ISSN 0728-4152 This Work Is Copyright

High Court of Australia Annual Report 2008–09 © Commonwealth of Australia 2009 ISSN 0728-4152 This work is copyright. Apart from any use as permitted under the Copyright Act 1968 (Cth), no part may be reproduced by any process without prior written permission from the Commonwealth available from AusInfo. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Legislative Services, AusInfo, GPO Box 1920, Canberra ACT 2601. High Court of Australia Canberra ACT 2600 27 November 2009

Dear Attorney In accordance with section 47 of the High Court of Australia Act 1979 (Cth), I submit on behalf of the Court and with its approval a report relating to the administration of the affairs of the High Court of Australia under section 17 of the Act for the year ended 30 June 2009, together with fi nancial statements in respect of the year in the form approved by the Minister for Finance. Section 47(3) of the Act requires you to cause a copy of this report to be laid before each House of Parliament within 15 sitting days of that House after its receipt by you. Yours sincerely

Andrew Phelan Chief Executive & Principal Registrar of the High Court of Australia

The Honourable Robert McClelland MP Attorney-General Parliament House Canberra ACT 2600

Annual Report 2008-09 i TABLE OF CONTENTS

Part I – Preamble 1 Part II – Introduction 5 Chief Justice French 6 Justice Gummow 7 Justice Hayne 7 Justice Heydon 8 Justice Crennan 8 Justice Kiefel 9 Justice Bell 9 Part III – Chief Justice’s Overview 11 Part IV – The Year In Review 15 Judicial Workload 16 Applications for Special Leave 17 Retirement of Chief Justice Murray Gleeson 18 Appointment of Chief Justice Robert French 19 Retirement of Justice Michael Kirby 19 Appointment of Justice Virginia Bell 20 Court Funding 20 High Court Building and its Precinct 20 Public Access to the Courts 21 Links and Visits 22 Asia Pacific Judicial Reform Forum 23 Refurbishment of Sydney Accommodation of the Court 23 Part V – Background Information 25 Establishment 26 Functions and Powers 26 Sittings of the Court 26 Seat of the High Court 26 Appointment of Justices of the High Court 27 Composition of the Court 27 Chief Justices and Justices of the Court 28

ii High Court of Australia Part VI – Administration 31 Overview 32 External Scrutiny 32 Organisational Chart 34 Registry 35 Judicial Workload 37 Cases Filed 37 Cases Decided 38 Pending Cases 38 Original Jurisdiction 39 Appellate Cases Finalised 39 Appellate Cases – Time for Determination 40 Rules of Court 41 Cost of Litigation 41 Library and Research 43 Functions 43 Library Materials Budget 43 Reference and Research 43 Collection Development and Organisation 44 Activities of the Court Librarian 45 Corporate Services 46 Financial Management 46 Human Resource Management 47 Information Technology 48 Building Operations 48 Part VII – Financial Statements 2008-09 51 Independent Audit Report 52 Financial Statements of the High Court 54 Part VIII – Annexures 95 Annexure A: Freedom of Information Act 1982 (Cth) 96 – Supplementary Material 96 Annexure B: Staffing Overview 99

Annual Report 2008-09 iii

High Court of Australia Part I IPart I– – – PreamblePreamble Preamble III

Chief JusticeChief JusticeGleeson Gleeson X X Justice JusticeGummow Gummow X X Justice JusticeKirby Kirby X X Justice JusticeHayne Hayne X X Justice JusticeCallinan Callinan XX XX Justice JusticeHeydon Heydon XX XX Part I 2

Freedom ofInformation Email: Fax: Telephone: Kingston ACT2604 PO Box6309 High CourtofAustralia Manager, PublicInformation thisreportInquiries orcommentsconcerning maybedirected to: Contact Officer This isthe30threport prepared asrequired bytheHighCourtofAustraliaAct1979(Cth). Part I–Preamble downloaded from thesitefree-of-charge. This report ispublishedasaPDFontheHighCourt’s website,www.hcourt.gov.au. Itmaybe Electronic Publication with FOIcontactofficerdetails,iscontainedinAnnexure AtoPartVIIIofthis report. The informationrequired bysection8oftheFreedomInformationAct1982(Cth),together High Court ofAustralia [email protected] (02) 62706868 (02) 62706998

Annual Report 2008-09 3 Part I

High Court of Australia Part II – Introduction

Chief Justice French 6 Justice Gummow 7 Justice Hayne 7 Justice Heydon 8 Justice Crennan 8 Justice Kiefel 9 Justice Bell 9 Part II 6

At 30June2009,thesevenJusticesofHighCourtwere: usually inthecapitalcitywhichtheyreside orbyvideo-linkfrom Canberra. from Canberratoothercapitalcities.Interlocutoryapplicationsare heard byasingleJustice, place before twoorthree Justicesandare heardandbyvideo-link inSydneyandMelbourne be heard incourt,itissolistedandproceeds toanoralhearing.Suchhearingsusuallytake members ofthepanel,sittinginopencourt.Ifpanelconsidersthatapplicationshould special leaveshouldberefused, adispositiontothateffect, withreasons, ispublishedbythe applications are firstexaminedbyapanelofjustices,usuallytwo.Ifthedecidesthat appeal isheard theCourtmusthavegrantedleaveorspecialtoappeal.Special seven Justices.Appealsare usuallyheard byeitherfiveorsevenJustices.Before an There are sevenJusticesoftheCourt.Ordinarily, constitutionalcasesare heard by all Part II–Introduction High Court ofAustralia business, itsitsforoneweekeachyearinBrisbane,Adelaide,PerthandHobart. final courtofappeal.TheCourtsitsinCanberraand,ifthere issufficient Constitution fortheresolution ofconstitutionaldisputes.Itisalsothenation’s The HighCourtofAustraliaisthenation’s highestcourt.Itisestablishedbythe Australian Association ofConstitutionalLaw. 2001 toJanuary2005hewas president ofthe the AustralianLawReform Commission. From Competition Tribunal andapart-time memberof was alsoaDeputyPresident oftheAustralian and amemberoftheSupreme CourtofFiji.He Supreme CourtoftheAustralianCapitalTerritory appointment hewasanadditionalmemberofthe Tribunal.National NativeTitle Atthetimeofhis Bar. From 1994to1998hewas President ofthe until 1983whenhewenttotheIndependent as abarristerandsolicitorinWesternAustralia law. Hewasadmittedin1972andpractised University ofWesternAustraliainscienceand in November1986.Hegraduatedfrom the Australia, havingbeenappointedtothatoffice he wasajudgeoftheFederalCourt September 2008.Atthetimeofhisappointment Justice oftheHighCourtAustraliaon1 Robert ShentonFrench wasappointedChief Chief JusticeRobertFrench Division oftheOrder ofAustraliain2002. was appointedaCompanionintheGeneral SupremeVictorian Courtin1992.JusticeHayne matters. Hewasappointedajudgeofthe in commercial, constitutionalandgeneralcivil practised inStateandfederalcourtsprincipally appointed aQueen’s Counselin1984.He Barin1971,andwas He joinedtheVictorian from Oxford University. 1969 andgraduatedasaBachelorofCivilLaw HewasVictoria’sMelbourne. RhodesScholarin graduated inartsandlawfrom theUniversityof the foundationjudgesofthatCourtin1995.He Court ofAppeal,havingbeenappointedone appointment hewasajudgeoftheVictorian Court inSeptember1997.Atthetimeofhis Kenneth MadisonHaynewasappointedtothe Justice KennethHayne of theOrder ofAustraliain1997. appointed aCompanionintheGeneralDivision texts onequityandtrusts.JusticeGummowwas Sydney. Heistheauthorandeditorofseveral years helectured part-timeattheUniversityof appointed aQueen’s Counselin1986.For30 to theNewSouthWales Barin1976.Hewas years inpracticeasasolicitor, hewasadmitted a BachelorofArtsandMasterLaws.After10 He graduatedfrom theUniversity ofSydneyas He hadheldthatofficesince1986. he wasajudgeoftheFederalCourtAustralia. appointed totheCourtinApril1995.Attime MontagueCharlesGummowwas William Justice WilliamGummow

Annual Report 2008-09 7 Part II Part II 8

High Court ofAustralia General DivisionoftheOrder ofAustraliain2008. Crennan was appointed a Companion in the Commissioner for Human Rights in 1992. Justice of the Victorian Bar Council in 1993-94, and a Australian BarAssociation1994-95,Chairman in 1989. Justice Crennan was President of the in 1980.ShewasappointedaQueen’s Counsel Wales Bar in 1979 and joined the Victorian Bar Justice Crennan was admitted to the New South and theUniversityofSydney(LLB). University of Melbourne (BA and PostgradDipHist) office inFebruary2004.Shewaseducatedatthe Court ofAustralia,havingbeenappointedtothat appointment shewasajudgeoftheFederal Court inNovember2005.Atthetimeofher Susan Maree Crennan was appointed to the Justice SusanCrennan of theOrder ofAustraliain2004. appointed aCompanionintheGeneralDivision of Trade Doctrine,in1971.JusticeHeydonwas legal texts,includinghisfirstbook,TheRestraint Court ofAppeal.Hehaspublishedanumber at theBarfrom 1979untilhisappointmenttothe Sydney LawSchoolfor1978-79.Hepractised age 34,hewaselecteddeanoftheUniversity was appointedaQueen’s Counselin1987.At He wasadmittedtotheNSWBarin1973and of CivilLawfrom Oxford University. 1964, graduatedasMasterofArtsandBachelor Sydney, and,astheRhodesScholarforNSWin 2000. Hegraduatedinartsfrom theUniversityof the NewSouthWales CourtofAppealsince in February2003,afterhavingbeenajudgeof John DysonHeydonwasappointedtotheCourt Justice DysonHeydon from 2006 to2008. Australian InstituteofJudicialAdministration March 1999.Sheservedaspresident ofthe of theSupreme CourtofNewSouthWales in Service. JusticeBellwasappointedajudge Commission intotheNewSouthWales Police 1997 shewasacounselassistingtheRoyal returning totheprivateBar. Between1994and public defenderbetween1986and1989before Counsel in1997.JusticeBellpractisedasa Wales Barin1984andwasappointedaSenior Centre, shewasadmittedtotheNewSouth Legal seven yearsasasolicitorwiththeRedfern of SydneyasaBachelorLawsin1976.After of Appeal.Shegraduatedfrom theUniversity she wasajudgeoftheNewSouthWales Court in February2009.Atthetimeofherappointment MargaretVirginia Bell was appointed to the Court Bell Justice Virginia degree from CambridgeUniversity. 2003 to2007.ShehasaMastersofLaws from Commission Reform Law Australian the Kiefel servedasapart-timeCommissionerof Justice 1987. in Queen’s Counsel, appointed be to Queensland in woman first the was admitted totheQueenslandBarin1975and was She Court. Federal the joining before 1993-94 in Queensland of Court Supreme Norfolk Island.Sheservedasajudgeofthe of Court Supreme the and Australia of Court appointment shewasajudgeoftheFederal her of time the At 2007. September in Court the to appointed was Kiefel Mary Susan Justice SusanKiefel

Annual Report 2008-09 9 Part II

High Court of Australia Part III – Chief Justice’s Overview Part III 12 filing ofthenotice ofappeal.Ninety-five per year were completedwithinninemonthsof decided bytheCourtduring thereporting Applications. Ninetypercent oftheappeals addition, itdecided569Special Leave 60 appealsandinfiveother matters.In 2009, theCourtdelivered judgmentsin cooperatively. Intheyearended30June other’s independence,actcollegiallyand of theCourt,whilerespecting each discharge ofthatbusinesstheJustices Leave toAppealtheCourt.In determination ofapplicationsforSpecial original jurisdictionandthehearing of appeals,applicationsintheCourt’s involves thehearinganddetermination The judicialbusinessoftheCourt Michael Kirby. was appointedtoreplace theHonourable the CourtofAppealNewSouthWales, Bell,formerlyaJudgeof Justice Virginia Murray Gleesonon1September2008. I wasappointedtoreplace theHonourable community.national andinternational to the law on the Court and in the wider public acknowledgement of his great service His retirement was also accompanied by Judge of the Court for some twelve years. Michael Kirby AC retired having served as a justice. On 2 February 2009, the Honourable more generallytotheadministrationof distinguished serviceasChiefJusticeand at a special sitting of the Court, of his was marked by a public acknowledgment, 10 on 29August2008,havingservedjustover The changes in the composition of the Court. The Year under review has seen significant Overview Part III–ChiefJustice’s High Court ofAustralia

years as Chief Justice. His retirement

Honourable Murray Gleeson AC retired senior Judges oftheIndianSupreme Court included ChiefJusticeBalakrishnan and Court ofIndiainJune.That delegation delegation ofJudgesfrom theSupreme make particularreference tothevisitbya Chief Executive’s overview. Iwouldliketo countries whichare referred tointhe visitors andvisitingdelegationsfrom other The Courtreceived anumberofofficial the close ofreporting period. at Government by consideration under Appropriation Act.Itsproposals were separate a and funding its of rebasing seeking to view a with year the during Government the approached It deficit. The Courtiscurrently operatingata remediation workinthecomingperiod. parts ofthepublicforecourt willrequire fountain wasrestarted, althoughitand of thebuildingwascleaned.Thecascade window andbalconyleaks.Theexterior Major workwascarriedouttorectify roof, administration duringthereporting period. the attentionofJusticesandCourt’s building andsurrounds continuedtorequire Maintenance andrepair oftheCourt Annual Report. Library Servicesandtheproduction ofthe Technology, Information, Public Information Finance, with deal committees The Officers. Court relevant and Justices more or two comprising committees several are There Court. the of staff senior the and Phelan, Andrew Mr Registrar, Principal in thattaskbytheChiefExecutiveand assisted are They Justices. seven all in vested is Court the of administration The 19 jointjudgmentsofamajority. there were 16unanimousjudgmentsand same period.Duringthereporting period Leave toAppealwere completed withinthe cent oftheapplicationsforLeaveorSpecial education. TheCommitteeconsidered a Court toimprove opportunitiesforpublic Public InformationCommitteeofthe been workingwiththenewlyestablished appointed duringthereporting period,has The Manager, PublicInformation,whowas and someunderstandingofitsfunctions. awareness oftheCourtasaninstitution measures inhelpingtodevelopabetter of suitablytrainedguidesasimportant High Courtbuildingandtheavailability The Justicesregard publicaccesstothe with theCourtsofAsia-Pacific region. This represents asignificantengagement Court hasprovided administrativesupport. chaired byJusticeHayneandtowhichthe Asia-Pacific JudicialReformForumwhichis the Courtcontributestoworkingsof As notedintheChiefExecutive’s overview, Delhi in2007. its kind,thefirsthavingbeenheldinNew with theIndianJudgeswassecondof Court ofIndiaisagoodone.Themeeting between theHighCourtandSupreme and thelawofevidence.Therelationship inseminarsonfederalism and Victoria the Supreme CourtsofNew SouthWales the ChiefJusticesofFederalCourtand participated withJusticesofthisCourtand Solicitor who, sincethevisit,hasbeenappointedas together withMrGopalSubramanium ‑General forIndia.Thedelegation Chief JusticeRobertFrench financial yearended30June2009. to themembersofCourtduring for theassistancewhichtheyhaveprovided Court and members of the staff of the Court and PrincipalRegistrar, seniorofficersofthe opportunity ofthankingtheChiefExecutive In conclusionIwouldliketotakethe demand foraccesstotheCourt. these developmentswillonlyincrease the of visitorstotheprecinct asaresult of expansion. Theincrease inthenumber Australia iscurrently undergoingsignificant Portrait Gallery. TheNationalGalleryof of AustraliaandthenewlyopenedNational precinct whichincludestheNationalGallery last year, theCourtispartofanimportant hours. AsIpointedoutinmyoverview both Saturdays andSundaysforlonger funding infuture willenableittoopenon that period.TheCourtishopefulits number ofCourtguidesrequired during non-sitting periodsthereby reducing the public onMondaysandFridaysduring generated byclosingCourtNo.2tothe opening istobefinancedbysavings 4 October2009.TheSundayafternoon opening underthenewarrangementson Justices andtheCourthaditsfirstSunday 4.00pm. Thatproposal was adoptedbythe fromon Sundayafternoons 12.00pmto proposal toopentheCourt tothepublic

Annual Report 2008-09 13

Part III

High Court of Australia Part IV – The Year in Review

Judicial Workload 16 Applications for Special Leave 17 Retirement of Chief Justice Gleeson 18 Appointment of Chief Justice French 19 Retirement of Justice Kirby 19 Appointment of Justice Bell 20 Court Funding 20 The High Court Building and its Precinct 20 Public Access to the Courts 21 Links and Visits 22 Asia Pacific Judicial Reform Forum 23 Refurbishment of Sydney Accommodation 23 of the Court Part IV 16 100 120 Full CourtHearings(otherthanspecialleaveapplications) High Court ofAustralia 20 40 60 80 0 1999-00 2000-01 2001-02 2002-03 2003-04 months ofthehearingargument. given in95percentofcaseswithinsix the FullCourtin2008-09,decisionwas Of the civil and criminal appeals decided by same asfortheprevious year. number of sitting days in 2008-09 was the variations in the lengths of hearings. The in numbers of hearings can occur due to for both during the past 10 years. Variations in 2008-09 were consistent with averages numbers of Full Court hearings and decisions As shown in the following graphs, the Judicial Workload Review Part IV – The Year In 2004-05 2005-06 2006-07 2007-08 2008-09

1000 120 100 three percentofspecialleaveapplicationswere filedbyself-represented litigantsin2008-09. which hasincreased from 25percentin1999-2000toahighof672007-08.Fifty- The following table demonstrates the proportion of applications filed by self-represented litigants, half oftheapplicationsfiledbyself-represented applicants. The number of applications for special leave to appeal filed in 2008-09 remained high, with over Applications forSpecialLeave the papers. applications for leave or special leave to appeal decided during 2007-08 were determined on Court Rules 2004 governing the consideration of applications. Seventy-three per cent of the during 2008-09were determinedonthepapers,inaccordance withtheprocedures intheHigh Sixty-six per cent of the applications for leave or special leave to appeal decided by the Court in immigrationmattersasaproportion ofcivilspecialleaveapplicationsfiledinthe past10years. filed in 2008-09 were filed by self-represented litigants. The following table illustrates2007-08 the increaseand 50 per cent during 2008-09. Eighty-nine per cent of the immigration applications The proportion of civilspecialleaveapplicationsinvolvingimmigrationmatterswas63percentin Application forSpecialLeaveFiled Full CourtDecisions(otherthanspecialsleaveapplication) 100 200 300 400 500 600 700 800 900 20 40 60 80 0 0 1999-00 99/00 Self-Represented All 2000-01 00/01 2001-02 01/02 2002-03 02/03 2003-04 03/04 2004-05 04/05

2005-06 05/06 2006-07 06/07 Annual Report 2008-09 2007-08 07/08 2008-09 08/09 17

Part IV Part IV 18 600 100 200 300 400 500 700 800 900 Civil SpecialLeaveApplicationsfiled Division oftheOrder ofAustraliain1992. appointed a Companion in the General 1989 to 1998. Chief Justice Gleeson was and was Lieutenant Governor of NSW from of the NSW Bar Association in 1984-85 Queen’s Counsel in 1974. He was president the NSW Bar in 1963. He was appointed a University of Sydney and was admitted to He graduated in arts and law from the 1988. been appointed to that office in November Supreme Court of New South Wales, having appointment he was Chief Justice of the of Australia in May 1998. At the time of his appointed Chief Justice of the High Court a day prior to his 70th birthday. He was from theHighCourton29August2008, Chief Justice Anthony Murray Gleeson retired Gleeson Retirement of Chief Justice High Court ofAustralia 0 99/00 Civil Applications 00/01 01/02 Immigration 02/03 03/04 04/05 05/06 06/07 07/08 08/09 Retirement ofJusticeKirby French inon1September2008. wassworn Chief JusticeMurrayGleeson. of the High Court following the retirement of would be appointed the next Chief Justice Justice of the Federal Court of Australia, announced that Justice Robert French, a On 30 July 2008, Prime Minister Kevin Rudd Justice French Appointment of Chief as thefirstchairmanof AustralianLaw served He 1975. in Commission Arbitration President oftheAustralianConciliationand in 1967.Hewasappointed aDeputy Bar NSW the to admitted was He Laws. of ArtsandEconomicsaMaster Bachelor a as Sydney of University the from graduated He 1984. September from Appeal of Court Wales South New the of President been had He 1996. February in Court the to appointed was He 2009. March 18 on birthday 70th his to prior just 2009, February 2 on retired Kirby Justice

Annual Report 2008-09 19

Part IV Part IV 20 St Georgein1983. a CompanionoftheOrder ofStMichaeland Division of the Order of Australia in 1991 and appointed a Companion in the General (Hamlyn Lectures, 2004).JusticeKirbywas World’s Eye(2000)andJudicialActivism including TheJudges(1984),Through the of Jurists. He has published several books, President of the International Commission Representative in Cambodia and as Appeal of Solomon Islands, as UN Special of CSIRO, as President of the Court of international posts, including on the board Justice Kirby held numerous national and Australia in1983-84. and wasajudgeoftheFederalCourt 1984 to 1975 from Commission Reform February 2009. Justice Kirby. Justice Bell was sworn in on 3 on the Court created by the retirement of of New South Wales, would fill the vacancy of theCourtAppeal Supreme Court announced that Justice Virginia Bell, a Justice RobertMcLelland Attorney-General On 15December2008,Commonwealth Appointment ofJusticeBell High Court ofAustralia

reviewed. adequacy of the Court’s future funding be years andhascontinuedtorequest thatthe increasing operatinglossesare likelyinfuture The Court has advised the Government that to have a further operating loss in 2009-10. the HighCourtofAustralia Attorney-General, under section 36(2) of The Court has obtained the approval of the building assets. from a write-down in the value of library and component of this ($742,723.00) resulted $1,493,850.00 in2008-09.Asignificant The Court had an operating loss of Court Funding 2008 hearings from CanberratoMelbourne. from Canberra to Adelaide and its December Court relocated its November 2008 hearings to be caused by the repairs to the roof, the administration. In light of the disruption likely and complexundertakingby theCourt’s successfully inJuly2009.Thiswasamajor throughout 2008-09 and were completed tendering, repairs were undertaken exhaustive approval process and subsequent windows and balconies. Following an fix leaksintheHighCourtBuilding’s roof, The Court received funding in 2007-08 to precinct works. which is intended to guide future building and developing aHeritageManagementPlan, 09, the Court made substantial progress in in theNationalHeritageList.During2008- and the connecting precinct were included the adjoiningNationalGalleryofAustralia Canberra. In2007,theHighCourtBuilding, Court Building and its surrounding land in The Court controls and manages the High its Precinct The High Court Building and Act 1979 (Cth), remained inplacethroughout theyear. area, pending remediation work. This fencing of fencing-off largepartsoftheforecourt implemented appropriate measures, inclusive forecourt, in response to which the Court significant public safety problems in the A review conducted previously identified with theprecinct’s heritagevalues. remediation and improvements consistent funding isbeingsoughttoeffect forecourt of significantstructuraldamage.Additional The consultancies confirmed the existence provide estimated costs of remediation. area oftheHighCourtBuildingandto extent of deterioration in the public forecourt engineering consultancies to assess the During the year, the Court arranged explore the partial re-opening of the High element oftheCommittee’s workwasto functioning of the Court. An important initial and the public about the history, role and and plans for educating and informing visitors development of public information policies Information Committee to oversee the In early 2009, the Court established a Public Public accesstotheCourt the role oftheCourt. received guided tours and presentations on total were over30,000schoolchildren, who 40% from the previous year. Included in this the year totalled 130,037, an increase of over of visitors to the High Court Building during Court in Australian governance. The number Constitution, the Judiciary and the role of the many thousands of students, about the and educate visitors to the Court, including but less understood functions is to inform one oftheCourtadministration’s important As mentioned in last year’s Annual Report, Sunday afternoons in Canberra will be open to the public on 4 October 2009, the High Court building Court Building on weekends. From Sunday the Netherlands, Taiwan, Thailand and administrators from China,Indonesia,Iraq, of: judges, senior lawyers and court international visitors, including delegations world. The Court welcomed a number of organisations in the region and around the many links with courts, judges and legal During 2008-09, the Court maintained its Links andVisits

Annual Report 2008-09 21

Part IV Part IV 22 G Balakrishnan, Chief Justice of India, Indian The Indian delegation comprised the Hon K evidence inIndiaandAustralia”. and “Codificationthecommon lawof Court of India and the High Court of Australia” two themes:“FederalismintheSupreme is held biennially. The 2009 Meet covered Australia and the Supreme Court of India and Forum isajointinitiativeoftheHighCourt Indo-Australian Legal Forum Meet. The In June2009,theCourthosted2nd Italy, Japan andtheUnitedStatesofAmerica. and legal academics and law students from Kenya, Germany, Hong Kong and Sweden; parliamentary and government officials from the United Kingdom; parliamentarians and Russian Federation,SouthAfrica,Tonga and from Cyprus, Germany, Japan, Korea, the the United States of America; diplomats High Court ofAustralia practices. to developitsadministrative and registry assist the Indonesian Constitutional Court Court ofAustraliaonaproject designedto the High Court of Australia and in the Federal Justices, and registry and chambers staff in Constitutional Court of Indonesia worked with graduate studentandmemberofstaff onthe Australia LegalDevelopmentFacility, apost- 2009, under the auspices of the Indonesia For four weeks commencing in late February Solicitor-General. andtheCommonwealth Court ofVictoria the Supreme Court of NSW and the Supreme Court, the Chief Justices of the Federal Court, the ChiefJusticeandJusticesofHigh Senior Advocate. Australian participants were Additional Solicitor General of India and H Kapadia and Mr Gopal Subramanium, Supreme CourtJusticesSBSinhaand papers%2003%2009.html http://www.apjrf.com/round%20table%20 on judicial reform, which are available at produced alargenumberofimportantpapers administrators from throughout the region; it was attendedbyseniorjudicialofficersand January 2009 and chaired by Justice Hayne Round Table Meeting held in Singapore in reform initiativesintheregion. TheAPJRF 2009 and is being used to inform judicial Experience was published by OUP in early Judicial Reform Democracy Fund.Searching for Success in with funding from the United Nations development of a judicial reform publication, During the year the APJRF completed the NSW andtheJudicialCommissionofNSW. Court of Australia, the Supreme Court of by theHighCourtofAustralia,Federal Bangkok. Administrativesupportisprovided Development Program’s Regional Centre in the PhilippinesandUnitedNations from Australia, the Supreme Court of of Australia and comprises representatives Justice Kenneth Hayne AC of the High Court Secretariat, which is chaired by the Hon. Coordination is provided by the APJRF committed to advancing judicial reform. network to support Asia Pacific jurisdictions network. TheAPJRF’s purposeistocreate a judicial knowledge and technique sharing on JudicialReforms, which called for a It resulted from the2005ManilaDeclaration to contribute to judicial reform in the region. Pacific Region which have joined together and justicesectoragencies in the Asia (APJRF) isanetwork of 49 superior courts The Asia Pacific Judicial Reform Forum Reform Forum Asia Pacific Judicial – Voices from the Asia Pacific .

Building duringDecember2008. accommodation onthe23rd levelofthe The High Court relocated to refurbished Limited. Governments and managed by Law Courts Commonwealth and New South Wales continued during the year, funded by the refurbishments to the Sydney Building Commonwealth Attorney-General. Major Law Courts Limited as nominee of the is aDirector andCompany Secretary of The ChiefExecutiveandPrincipalRegistrar Court Accommodation ofthe Refurbishment ofSydney

Annual Report 2008-09 23

Part IV

High Court of Australia Part V – Background Information

Establishment 26 Functions and Powers 26 Sittings of the Court 26 Seat of the High Court 26 Appointment of Justices of the 27 High Court Composition of the Court 27 Chief Justices and Justices of the Court 28 Part V 26 Attorney-General. administration istheCommonwealth The ministerresponsible fortheCourt’s which wasproclaimed on21April1980. High CourtofAustraliaAct1979(Cth), power toadministeritsownaffairs bythe was necessary, theCourtwasgiven To theextentthatlegislativeprovision Constitution whichprovides: was establishedbysection71ofthe In 1901theHighCourtofAustralia Establishment Information Part V–Background Court oftheRepublic ofNauru. brought totheHighCourtfrom theSupreme the HighCourtitself.Appeals mayalsobe court or may be initiated by an application to questions may come on appeal from a lower arbiter upon constitutional questions. Such Constitution, the High Court is also the final Court but this is rarely exercised. Under the grant special leave to appeal to the High granted. The Family Court has power to are heard pursuant to special leave being Australia and the Family Court of Australia States andTerritories, theFederalCourtof Appeals from the Supreme Courts of the original jurisdictionupontheHighCourt. The Constitution confers both appellate and Functions andPowers High Court ofAustralia federal jurisdiction. in suchothercourtsasitinvestswith courts astheParliamentcreates,and Australia, andinsuchotherfederal Court, tobecalledtheHighCourtof shall bevestedinaFederalSupreme The judicialpoweroftheCommonwealth the Tasmanian Supreme Court. with thekindcooperationandassistanceof buildings. InHobart,facilitiesare provided the CourtusesCommonwealthLawCourts Brisbane,AdelaideandPerth, Melbourne, of business.WhensittinginSydney, once eachyearifwarrantedbytheamount in Brisbane,Adelaide,PerthandHobart established onitsinauguration,ofsitting and theCourtcontinuespractice, heard regularly inSydneyandMelbourne, special leavetoappealtheCourtare Canberra. Inaddition,applicationsfor thirds ofallsittingdaysare scheduledin the preceding year. Approximately two- by aRuleofCourtmadetheJusticesin and suchotherplacesasare determined The CourtconductsitssittingsinCanberra Sittings oftheCourt Queen ElizabethIIon26May 1980. The buildingwasopenedby HerMajesty Construction coststotalled $46.5 million. was PDCConstructions(ACT) PtyLtd. held in1972and1973.Thebuilder national architectural designcompetition and BriggsPtyLtd,thewinnersofa architectural firmEdwards Madigan Torzillo tourist attraction.Itwasdesignedby Australia’s nationalbuildingsandamajor the ParliamentaryTriangle. Itisoneof the shores ofLakeBurleyGriffin,within located on3.4hectares oflandfronting The HighCourtbuildinginCanberrais the AustralianCapitalTerritory. Court shall be at the seat of government in 1979 (Cth) Section 14oftheHighCourtAustraliaAct Seat oftheHighCourt provides thattheseatofHigh – • • including thefollowing: theCourtand Justices, concerning 1979 (Cth)containsfurtherprovisions Part IIoftheHighCourtAustraliaAct • • • • Justices oftheHighCourt: Under section72oftheConstitution, the HighCourt Appointment ofJustices approximately 29,400square metres. area, includingcarparksand patios,is wing andlargepublichall.Total floor Principal Registry, library, administrative courtrooms, judges’chambers, theCourt’s Forty metres tall,itconsists ofthree – a StateorTerritory; or created bytheparliamentorofacourt he orshehasbeenajudge ofacourt Justice unless: a personshallnotbeappointedas States inrelation totheappointment; ofthe consult withtheattorneys-general appointment ismadetoavacantoffice, shall,beforethe Attorney-General an 70 years. must retire onattainingtheageof continuance inoffice;and shall notbediminishedduringtheir Parliament mayfix;butthe remuneration receive suchremuneration asthe misbehaviour orincapacity; removal onthegrounds ofproved in thesamesession,prayingforsuch address from bothHousesofParliament Governor-General inCouncilonan cannot beremoved exceptbythe in Council; are appointedbytheGovernor-General • • – Justice Bell Justice Kiefel Justice Crennan Justice Heydon Justice Hayne 2009) (retired 2February Justice Kirby Justice Gummow Chief JusticeFrench (retired 29August2008) Chief JusticeGleeson they werein,are sworn asfollows: period covered by this report, and the dates The JusticesoftheHighCourtfor Composition oftheCourt – time byParliament. at suchratesasare fixedfrom timeto shall receive salaryandotherallowances the ChiefJusticeandotherJustices Australia; and holding anyotherofficeofprofit within a Justiceisnotcapableofacceptingor not lessthanfiveyears; Supreme CourtofaState or Territory for practitioner oftheHighCourtora barrister orsolicitorasalegal he orshehasbeenenrolled asa

Annual Report 2008-09 3 February2009 3 September2007 8 November2005 11 February2003 22 September 1997 6 February1996 21 April1995 1 September2008 22 May1998 27

Part V Part V 28 Chief Justiceandare listedbelow. The nameandyearsofserviceeach become Governor-General. Deane –resigned from theCourtto Isaacs, SirNinianStephenandWilliam Three membersoftheCourt–SirIsaac appointed from outsidetheCourt. to thefirst,SirSamuelGriffith,were Justices, andfiveChiefinaddition 1903. SixChiefJusticeshadalready been Justices sincetheCourtwasestablishedin there havebeen12ChiefJustices and43 Including thecurrent members oftheCourt, Justices oftheCourt Chief Justicesand Chief Justices High Court ofAustralia Robert ShentonFrench (Anthony) MurrayGleeson Brennan Sir (Francis)Gerard Sir AnthonyFrankMason Sir HarryTalbot Gibbs Barwick Sir GarfieldEdward John Sir OwenDixon Sir JohnGreig Latham Sir FrankGavanDuffy Sir IsaacAlfred Isaacs Sir AdrianKnox Sir SamuelWalker Griffith 2008- 1998-2008 1995-1998 1987-1995 1981-1987 1964-1981 1952-1964 1935-1952 1931-1935 1930-1931 1919-1930 1903-1919 Justices McTiernan Sir Edward Aloysius Sir CyrilAmbrose Walsh Owen FrancisLanger Sir William Windeyer John)Victor Sir (William Sir DouglasIanMenzies Sir AlanRussellTaylor Sir FrankWalters Kitto Fullagar Kelsham Sir Wilfred FloodWebb Sir William Sir DudleyWilliams Herbert Vere Evatt Sir OwenDixon Sir HaydenErskineStarke Sir GeorgeEdward Rich Albert BathurstPiddington Sir CharlesPowers Sir FrankGavanDuffy Higgins Henry Bournes Sir IsaacAlfred Isaacs Richard Edward Sir EdmundBarton O’Connor 1930-1976 1969-1973 1961-1972 1958-1972 1958-1974 1952-1969 1950-1970 1950-1961 1946-1958 1940-1958 1930-1940 1929-1952 1920-1950 1913-1950 1913-1913 1913-1929 1913-1931 1906-1929 1906-1930 1903-1920 1903-1912 Sir HarryTalbot Gibbs Virginia MargaretVirginia Bell Susan MaryKiefel Susan Maree Crennan (John) DysonHeydon Ian DavidFrancisCallinan Kenneth MadisonHayne Michael DonaldKirby Gummow MontagueCharles William Michael HudsonMcHugh Mary GenevieveGaudron John LeslieToohey Sir DarylMichaelDawson PatrickDeane Sir William Brennan Sir (Francis)Gerard Sir RonaldDarlingWilson Sir KeithArthurAicken Lionel KeithMurphy Jacobs Sir KennethSydney Sir AnthonyFrankMason Sir NinianMartinStephen 1970-1981 2009- 2007- 2005- 2003- 1998-2007 1997- 1996-2008 1995- 1989-2005 1987-2003 1987-1998 1982-1997 1982-1995 1981-1995 1979-1989 1976-1982 1975-1986 1974-1979 1972-1987 1972-1982

Annual Report 2008-09 29

Part V

High Court of Australia Part VI – Administraion

Overview 32 External Scrutiny 32 Organisational Chart 34 Registry 35 Judicial Workload 37 Library and Research 43 Corporate Services 46 Part VI 32 finances andaccounts. Part IVoftheAct.VdealswithCourt & PrincipalRegistrar, are provided forin under thecontrol oftheChiefExecutive The operationsoftheRegistry, whichis section 26(Officersandemployees). Executive &PrincipalRegistrar)and 19 (FunctionsandpowersoftheChief (Administration oftheCourt),section Of particularrelevance are section17 of AustraliaAct1979(Cth)(HCAAct). primarily inPartIIIoftheHighCourt administration oftheHighCourtappear Statutory provisions covering the Overview Part VI–Administration the exercise of hisorherpowerstheChief performance ofhisorherfunctions and his orherfunctions”(section 19(2)).Inthe or inconnectionwiththeperformance of necessary orconvenientto be donefor and haspowerto“doallthings thatare her bytheCourt”(section19(1)HCAAct) her bythisActorare assignedtohimor other functionsasare conferred onhimor Court undersection17andhassuch administration oftheaffairs oftheHigh of, andassisting,theJusticesin has thefunctionof“actingonbehalf The ChiefExecutive&PrincipalRegistrar appointed tothepositionon20July2007. Principal Registrar, MrAndrew Phelan,was Court”. Thecurrent ChiefExecutive& General uponthenominationof who shallbeappointedbytheGovernor- Principal RegistraroftheHighCourt, there shallbea“ChiefExecutiveand Section 18oftheHCAActprovides that Registrar Chief Executive&Principal High Court ofAustralia 1999 (Cth). not coveredAct bythePublicService 26(4)). EmployeesoftheHighCourtare are determined bytheCourt(section so appointed orengagedare suchas allowances) ofofficersoremployees conditions astoremuneration and of employment(includingtermsand (3) HCAAct).Thetermsandconditions purposes oftheCourt(section26(1)and the Courtconsidersnecessary, forthe and mayengagesuchemployeesas Court astheconsidersnecessary, is to appointsuchotherofficersoftheHigh The ChiefExecutive&PrincipalRegistrar Officers andemployees re-appointment (section20(1) HCAAct). of hisorherappointment,butiseligiblefor five years,asisspecifiedintheinstrument holds officeforsuchperiod,notexceeding The ChiefExecutive&PrincipalRegistrar the Court(section19(7)). with anydirections givento himorherby Executive &PrincipalRegistrarshallcomply and auditthe accounts andrecords of the Auditor-General toannuallyinspect Section 43oftheHCAAct provides for incurring ofliabilitiesbythe Court”. the custodyof,Courtand overthe maintained overtheassets held by, orin authorised andthatadequatecontrol is the Courtare correctly madeandproperly that allpaymentsoutofthemoneysheldby and shalldoallthingsnecessarytoensure the affairs oftheCourtundersection17 and affairs relating totheadministrationof accounts andrecords ofthetransactions the Court“shallcausetobekeptproper Section 42oftheHCAActprovides that Scrutiny External Senior Executive Deputy Registrar. Rogers, ChiefExecutive&PrincipalRegistrar Andrew Phelan, Court Librarian PetalKinderandBen Wickham The HighCourt’s executive team, fromleft, Smart, Jeff Services Corporate Manager Carolyn SeniorRegistrar Court, assoonpracticableafter30June Section 47oftheHCAActrequires the no significantissuesarisingfrom theaudit. The report wasunqualified andthere were on3September2009. Attorney-General Financial Statementswere reported tothe General’s auditoftheCourt’s 2008-09 inspection andaudit.ResultsoftheAuditor- General toanyirregularity disclosed bythat and todrawtheattentionofAttorney- the financialtransactionsofCourt on 16December2008. November 2008andtabledinParliament on24 submitted totheAttorney-General The Court’s 2007-08AnnualReportwas form astheFinanceMinisterapproves. statements inrespect ofthat yearinsuch on that30June,togetherwithfinancial under section 17 during the year that ended administration oftheaffairs oftheCourt areportAttorney-General relating tothe in eachyear, toprepare andsubmittothe

Annual Report 2008-09 33

Part VI HIGH COURT OF AUSTRALIA ORGANISATIONAL CHART Part VI 34 Figure 1HIGHCOURT OFAUSTRALIAORGANISATIONAL CHART ASAT 30JUNE2009 High Court ofAustralia

THE COURT Chief Justice and Justices

JUSTICES' PERSONAL STAFF CHIEF EXECUTIVE & PRINCIPAL REGISTRAR Mr Andrew Phelan

SENIOR REGISTRAR SENIOR EXECUTIVE COURT LIBRARIAN MANAGER CORPORATE MANAGER PUBLIC Ms Carolyn Rogers DEPUTY REGISTRAR Ms Petal Kinder SREVICES INFORMATION Mr Ben Wickham Mr Jeff Smart Ms Jane Mussett

Principal Registry Judgment Production Library ITS Manager Court Guides

Transcription Editors and Legal Research Business Operations Typists

Canberra Registry Chief Financial Officer

Sydney Registry Accounts

Admin Melbourne Registry

HR Registries of the Federal Court and State and Territory Supreme Courts in Brisbane, Adelaide, Hobart, Perth and Darwin, by arrangement under section 30(4) of the HCA Act. Registry services. Inaccordance withthe complaints regarding the provision of provides asystemfortheresolution of Registry staff. TheServiceCharteralso of servicethatcanbeexpected from the function oftheRegistryand thestandards The RegistryServiceCharterdescribesthe Chief Justicesoftherespective Courts. of Australiabyarrangementbetweenthe performed byofficersoftheFederalCourt Adelaide, Brisbane,DarwinandPerthare arrangements. Registryfunctionsin Court ofTasmania underministerial are performedbyofficersoftheSupreme of theCourt.RegistryfunctionsinHobart Sydney Registriesare staffed byofficers and and Perth.TheCanberra,Melbourne Sydney, Adelaide,Brisbane,Darwin,Hobart are alsolocatedinCanberra,Melbourne, situated inCanberra.OfficesoftheRegistry The PrincipalRegistryoftheCourtis the Court. of appealintheappellatejurisdiction or specialleavetoappealandnotices and thefilingofapplicationsforleave constitutional writsintheoriginaljurisdiction summons andthefilingofapplicationsfor They supervisetheissueofwrits (Cth) andtheHighCourtRules2004. Act1903 the Constitution,Judiciary procedure oftheCourtascontainedin persons onthejurisdiction,practiceand to practitionersandself-represented provide informationandassistance The SeniorRegistrarandDeputyRegistrars the Court. management ofthejudicialworkload Court andcoordinates the case-flow services forthejudicialactivitiesof The Registryprovides administrative REGISTRY 2004, bytheparties andthepublicin High CourtofAustralia(Fees) Regulations purchased, atthefeeprescribed inthe free-of-charge. Additionalcopiescanbe and are provided totheparties andmedia andSydneyoffices, Canberra, Melbourne copies are immediatelyavailablefrom the When theCourtdeliversjudgments, reporting year. Court reporting serviceduringthe2007-08 number oftranscriptsproduced bythe 09. Thisrepresents aslightincrease inthe the Courtreporting serviceduring2008- containing 6582pages,were produced by A totalof320individualtranscripts, 1994 are availableonthatsite. of thehearing.Transcripts datingbackto form andonthewebsitewithinafewdays cases heard oncircuit are availableinpaper Transcripts ofspecialleaveapplicationsand Court risingeachsittingdayinCanberra. usually availablewithintwohoursofthe other/hca/transcripts/. Thetranscriptis website athttp://www.austlii.edu.au/au/ form andelectronically ontheAustLII and otherinterested personsinpaper available tolegalpractitioners,litigants the hearings.Thetranscriptisalsomade of citationsreferred tobycounselduring its proceedings andincludesthefulltext Court’s transcriptisaverbatimrecord of Court fortheuseofJustices.TheHigh transcript oftheproceedings oftheHigh service whichprovides anaccurate The Courthasitsownreporting www.hcourt.gov.au. and ontheCourt’s website, available attheRegistryineachcapitalcity reporting year. TheServiceCharteris with complaintsreceived during the Principal Registrardealt,whennecessary, Service Charter, theChiefExecutive&

Annual Report 2008-09 35

Part VI Part VI 36 au/cases/cth/HCASL/ AustLII websiteathttp://www.austlii.edu.au/ The dispositions are also published on the leave toappealdeterminedonthepapers. dispositions in applications for leave or special Since March 2008 the Court has published without cost. be viewedanddownloaded,world-wide, they are delivered bytheCourtandcan edu.au/au/cases/cth/HCA/ ontheday on theAustLIIwebsiteathttp://www.austlii. in othercities.Judgmentsare alsoavailable the Courtdeliversjudgmentswhensitting the Registry. Thisserviceisalsoprovided if andSydneyofficesof Canberra, Melbourne 369 specialleavedispositionsin2008-09. High Court ofAustralia . The Court published 2008-09. practitioners were addedtotheregister in jurisdictions. Thenamesof2104new enable themtoseekadmissioninother them withcertificatesofgoodstandingto on theregister and,ifrequired, providing procedure forhavingtheirnameentered entitlement topractiseinfederalcourts,the to practitionersadvisingthemoftheir Registry provides aninformation service Principal RegistrarinCanberra.The maintained bytheChiefExecutive& entered intheRegisterofPractitioners jurisdiction are required tohavetheirnames or Territory courtsexercising federal wish topractiseinfederalcourtsorState All legalpractitionersinAustraliawho Case FiledbyRegistry during 2007-08and2008-09are provided inthefollowingtable. Comparisons ofthenumbercasesfiledineachRegistryandcategories Cases Filed JUDICIAL WORKLOAD to 53percentin2008-09. year dropped from 67per centin2007-08 filed byself-represented litigantsduringthe proportion ofallspecialleaveapplications immigration casesfiledduring2008-09the in theCourt.Asaresult ofthedecrease in immigration specialleaveapplicationsfiled filed is recorded mostlyinthecategoryof 08. Thereduction inthenumberofcases compared with925casesfiledin2007- decreased, withatotalof692casesfiled The numberofcasesfiledin2008-09has 07\08 08\09 100 200 300 400 500 600 700 0 Sydney 425 630 Melbourne 137 114 Brisbane 55 49 Adelaide 36 35 accounting for16percentofallfilings. in Canberra, Brisbane, Darwin and Perth, Registry in Canberra processed cases filed for 23percentoftotalfilingsin2008-09.The Melbourne, Adelaide and Hobart, accounted Registry, whichprocessed cases filedin the Registry. The Melbourne office of the 2008-09 were filed in the Sydney office of Sixty-one per cent of the cases filed during 08\09 07\08 1000 100 200 300 400 500 600 700 800 900 0 Perth Cases FiledbyCategoryof 49 34 TOTAL:

692 925 S/Leave Canberra 575 809 16 6 Appeals 54 59 Annual Report 2008-09 Hobart 5 9 C/Writs 39 26 Darwin Other 10 24 31 7 37

Part VI Part VI 38 Cases Decided:ByRegistry 2007-08 and2008-09isprovided inthefollowingtable. A comparisonofthenumbercasesandcategoriesdecidedbyCourtduring Cases Decided Pending Casesasat30June:ByRegistry The numberofcasespendingintheCourtat30June2009isrecorded inthefollowingtable. Pending cases High Court ofAustralia 30-Jun-08 30-Jun-09 08\09 07\08 100 200 300 400 500 600 700 800 0 250 100 150 200 50 0 Sydney 449 729 Sydney 148 216 Melbourne 139 71 Melbourne 55 40 Brisbane 67 36 Brisbane 20 10 Adelaide Adelaide 42 31 11 16 30-Jun-09 30-Jun-08 07\08 08\09 1000 1200 200 400 600 800 Perth 0 38 28 100 150 200 250 300 350 Perth 50 22 19 0 Cases Decided:ByCategoryofCase TOTAL: Pending Cases-asat30June:byCategoryofCase 1034 634 TOTAL: 274 312 Canberra Canberra S/Leave S/Leave 569 957 8 5 215 264 8 4 Appeals Appeals 60 66 30 34 Hobart Hobart 9 4 3 3 C/Writs C/Writs 17 0 4 6 Darwin Darwin Other Other 7 4 12 5 5 7 7 8 Full Court.Somecasesare remitted to jurisdiction proceed tohearingbefore the instance. Notallcasesfiledintheoriginal a singleJusticeoftheCourtinfirst These casesare generallylistedbefore the Court,compared with57in2007-08. commenced intheoriginaljurisdictionof During thereporting year56caseswere or involvingitsinterpretation. include casesarisingundertheConstitution bytheseproceduresCases governed Act. under section18oftheJudiciary 1903 (Cth),casesstated,andreferences Act pursuant tosection40oftheJudiciary from othercourtsintothe High Court Commonwealth, applicationsforremoval of theConstitutionagainstofficers applications madeundersection75(v) jurisdiction oftheCourtinclude Cases commencedintheoriginal Original Jurisdiction * DeemedAbandonment provisions onlyapply tospecialleaveapplicationsand donotapplytoappeals. Means ofDetermination:ByApplicationsandAppeals Dismissed Allowed Discontinued Deemed Abandoned* 100% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0% S/Leave -07/08 892 61 27 33 S/Leave -08/09 499 70 18 27 determination. remitted to the Federal Court of Australia for petition filedduringthe reporting yearwas court fordetermination.Theoneelection a singleJusticeorremitted toanother These casesare usuallydeterminedby House ofRepresentatives or theSenate. of electionsorreturnspersonstothe totrypetitionsdisputingthevalidity Returns The CourtsitsastheofDisputed the originaljurisdiction. Court delivered judgmentin 5casesfiledin Act.In2008-09,theFull 44 oftheJudiciary another Courtfortrialpursuanttosection the followingtable. during 2007-08and2008-09isprovided in determination ofappellatecasesfinalised A comparisonofthemeans Appellate CasesFinalised

Appeals -07/08 29 34 0 Annual Report 2008-09 Appeals -08/09 42 18 2 39

Part VI Part VI 40 for thefilingofapplicationsspecialleave Court Rules2004imposetimestandards The provisions ofChapter4theHigh Determination Appellate Cases–Timefor with 73percentin2007-08. finalised withoutanoralhearing,compared applications decidedin2008-09were of reasons only. Sixtyfivepercentofthe pronouncement oforders andpublications applications are not listed for hearing but for without anoralhearing.Inthosecases,the special leaveapplicationsonthepapers that theCourtmaydetermineleaveand The HighCourtRules2004provide Time forDetermination:ByApplicationsandAppeals High Court ofAustralia < 3months 3 to6months 6 to9months 9 to12months > 12months 100% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0% S/Leave 07/08 280 445 98 88 46 S/Leave 08/09 143 339 56 12 19 The figures for 2007-08 were 86 were 2007-08 for figures The completed withinninemonthsoffiling. were year reporting the during Court the by decided appeals the of cent per 92 and appeal to leave special or leave for applications the of cent per Ninety-five the Courtduring2007-08and2008-09. of casesfiledintheappellatejurisdiction a comparisonofthetimefordetermination and appeals.Thefollowingtableprovides preparation ofspecialleave applications time standards forthevarious stagesinthe assist case-flowmanagementbyproviding to appealandappeals.Theseprovisions and 80percentrespectively. Appeals 07/08 16 35 13 2 0 Appeals 08/09 23 23

9 4 1 per cent cent per • • following RulesofCourt: During 2008-09theCourtmade profession andthepublic. fortheinformationof on theInternet available inallofficesoftheRegistryand immediately aRuleismade,andcopiesare law societiesandbarassociations Rules are distributedtoalllegalpublishers, as legislativeinstruments.Copiesofthe Rules ofCourtare madeandpromulgated changes are contemplatedtotheRules. and organisationswhenanysignificant The Courtconsultswithinterested persons kept underreview bytheRulesCommittee. practice andprocedure oftheCourtare the The HighCourtRuleswhichgovern proceedings oftheCourt. prescribe thevariousforms tobeusedfor practice andprocedure intheCourt,and sittings oftheCourt,regulate allcasesof Rules ofCourtwhichprescribe theannual The Justiceshaveresponsibility formaking Rules ofCourt Regulations ontheinitiativeofAttorney- set bytheHighCourtofAustralia(Fees) an integralpartoflitigationcosts andare Fees andchargesintheHighCourtform Court FeesandCharges Cost ofLitigation (Costs) on2December2008. of 2008–AmendmenttoSchedule2 Select LegislativeInstrumentNo246 August 2008,and – AnnualsittingsoftheHighCourton27 Legislative InstrumentF2008L03427

this totalisshowninthefollowing table. previous reporting year. Thecomposition of This isareduction from $401,181 inthe these 329casesamountedto$323,320. The filingfeesandhearingforegone in or approximately 26percent,ofcases. payment oftwo-thirds ofthefeein181, from paymentoffees.TheRegistrarwaived 22 percent,ofcaseswere fullyexempt were filedintheCourt.Ofthese,148,or attracting afilingfeeand/orhearingfees During thereporting year685cases fee inthereporting period. Tribunal. There were norefusals towaivea be reviewed bytheAdministrativeAppeals refusal byaRegistrartowaivefeemay cause financialhardship tothatperson.A ground thatpaymentofthefeewould the two-thirds ofthefeewaivedupon fee mayapplytotheRegistrarhave A personliabletopayafilingorhearing High Court. the in proceedings the with associated payment ofthefilingfeesandhearing from exempt are scheme, ABSTUDY persons inreceipt ofbenefitsunderthe and payment, austudy an or allowance the ageof18,personsinreceipt ofyouth under children prisons, of inmates Affairs, Veterans’ of Department the or Centrelink by issued card concession a hold who persons aid, legal of receipt in persons that provides (Fees) Regulations2004 Australia of Court Regulation 9oftheHigh Schedule 1oftheRegulations. a documentorservice,are prescribed in Registry oftheHighCourt,orforobtaining or sealingadocumentinanofficeofthe General. Feespayableforfiling,issuing

Annual Report 2008-09 41

Part VI Part VI 42 RECORD OFNON-PAYMENT OF FEES2008-09 estimate of costs as an alternative tothe estimate ofcostsasanalternative 2004. TheHighCourtRulesprovide foran Second ScheduletotheHighCourtRules in theHighCourtare containedinthe incidental to,thestepsinproceedings The allowableprofessional costsof,and Professional Costs High Court ofAustralia Reasons fornon-payment ABSTUDY recipient (exemption) (exemption) Youth allowanceoraustudypaymentrecipient Child undertheageof18years(exemption) (exemption) Prison inmateorpersoninlawfuldetention Holder ofaconcessioncard (exemption) Legal Aid(exemption) TOTAL Financial hardship (waiveroftwo-thirds fee) substantially reduced. with theattendanceofpartieshasbeen result theneedforbillsofcoststobetaxed issued fortheamountofestimate.Asa with theRules,aCertificateof Taxation is if thepartiesdonotobjectinaccordance is madeintheabsenceofpartiesand, taxation ofbillscosts.Suchanestimate Regulation 9(1)(b)(iv) 9(1)(b)(iii) 9(1)(b)(v) 9(1)(b)(ii) 9(1)(b(i) 9(1)(a) 10 329 181 No. 37 23 87 0 1 0 $108,861 $323,320 $178,567 $23,244 $11,284 Amount $1,364 0 0 came withinbudget. reports law and journals on spending library’s the 2008–2009, period reporting the throughout dollar US the against dollar Australian the of performance the • • • • • Branch are to: The functionsoftheLibraryandResearch Functions RESEARCH LIBRARY AND 1 nine percent to seven of average an by increased journals US for prices Subscription Library MaterialsBudget research service. which willimprove thereference and devise andimplementretrieval systems and material intheLibrary’s owncollection; supplement thereference andresearch information sources whichcan contact withotherlibrariesand keep itselfinformedandtomaintain practitioners appearingbefore theCourt; provide libraryfacilitiestolegal Justices oftheCourt; the to standard high a of service provide areference andresearch assist theCourtinitswork; assemble andmaintaincollectionsto html viewed17August2009. http://www.libraryjournal.com/article/CA6651248. Journal Periodicals PriceSurvey2009”(April 2009)Library Lee C.Van ”RealityBites: Orsdel&Kathleen Born, 1 . Despitefluctuationsin as researching legislativehistory. complicated, time-consumingqueries,such retrieving materialfrom otherfloorstomore might rangefrom directional inquiriesand when theyappearbefore theCourt.This The Libraryprovides assistancetoCounsel as toCourtReportingstaff. Chambers sittingonthesemattersaswell of 400itemswere provided toeachofthe not heldintheLibrarycollection.Inexcess obtain materialfrom othersources ifitwas correct. Insomecases,theLibraryhadto the materialprovided toChamberswas for therelevant partiestoensure that involved theLibraryliaisingwithCounsel provided byCounselwere long.This were ofacomplexnature andthelists heard inCanberra.Someofthesematters authorities toChambersfor55matters During 2008-09,theLibraryprovided Authorities decisions from overseasjurisdictions. information totheJusticesaboutrelevant Overseas Decisions Bulletin, which provides cases currently before theCourt,and provides informationtothepublicabout for producing theHighCourtBulletin,which Research Officerhasalsobeen responsible Executive &PrincipalRegistrar. TheLegal the direction oftheJustices andtheChief and analysisonavarietyoflegalissuesat Research Officerhasundertaken research During thepast12monthsLegal Legal Research Officer Reference andResearch

Annual Report 2008-09 43

Part VI Part VI 44 Memoranda project 2008-09 Binding ofBillsandExplanatory in October2009 Input forbothdatabaseswillrecommence Unreported Judgments2008-09 Reprints Databaseand March 2009. of theMillenniumsoftware tookplacein A successfulmigrationtoanewrelease Millennium and Organisation Collection Development the total number of volumes held in Canberra. volumes heldoneachlevelof theLibraryand The following table provides the number of Acquisitions project willbereactivated inthenextyear. to staffing changes within the library. This hard copy in the Library was restricted due Legal Classics Library, which are not held in other sections of HeinOnline, such as the of newbibliographicrecords formaterialin section ofHeinonlinecontinued.Additions to new entries in the Law Journal Library titles heldintheHighCourtlibrarycatalogue The addition of links from existing journal HeinOnline – Catalogue the to Additions Parliament (1983-1984). bound andreceived forthe33rd sessionof easy retrieval. Thirty-onevolumeswere prevent lossofmaterialandtofacilitate session. Thisisbeingcarriedoutto into boundvolumesforeachParliamentary Australian billsandexplanatorymemoranda This project involvesthebindingofloose High Court ofAustralia the trialperiod. and willbereviewed aftertheexpirationof NSW LawCourtsLibraryhas beensetup maintenance oftheSydney Librarytothe Chambers. Atrialtocontract outthe the courtroom andinfront oftheJustices’ had beenstored alongcorridorsoutside corridor space.Previously, thevolumes Library wasallocateditsownroom and Registry andChambers,theSydney Courts buildinginSydneybythe As partofthemovetoLevel23Law Relocation ofMaterial by theLibraryduringyear. Over 600inter-library loanswere processed Inter-Library Loans TOTAL Level 7 Chambers All Canberra Bar Library Level 8 Level 9 LOCATION subscriptions New online subscriptions New journal New lawreport series services New loose-leaf Books purchased ACQUISITIONS No ofVolumes 143,738 11,092 18,583 16,798 59,443 37,822 266 2 1 3 4 (AALL) AnnualMeeting&Conference held Librarians Law of Association American President ofALLAsheattended the National as term her During September. in Perth in Conference (ALLA) Association the annualAustralianLawLibrarians’ Kinder, attended Petal Librarian, Court The Librarian Activities oftheCourt held inPuertoRico. 27th AnnualCourseofLawLibrarianship the attended Communications, of Director Association ofLawLibraries(IALL)and the Board ofDirectors fortheInternational Librarian, inhercapacityasmemberof Court the December In Executive. National Law Librarians’Association(ALLA) Australian the of member active an be to continues Kinder Ms Oregon. Portland, in

Annual Report 2008-09 45

Part VI Part VI 46 to theCourt’s outputsandoutcomes. The tablebelowdetailsthebudgetedresources for2008-09andfinancial resources applied Financial Management building operationsfortheCourt. Corporate Servicescomprisesthefinance,human resources, informationtechnologyand CORPORATE SERVICES GST) were: were entered intobytheCourt.Contractswithatotalvalueof$10,000ormore (including During theyear, eighteenconsultancycontracts,withatotalvalueof$444,439(incGST) Consultants of theCourt’s FinancialStatementsinPartVIofthisreport. appropriations are administered bytheAttorney-General’s Departmentanddonotformpart Justices’ remuneration andallowancesare paidoutofSpecialAppropriations. These * Administered revenue includesCourtfeesandchargescollectedremitted totheOfficialPublicAccount. High Court ofAustralia Housley Consulting Australian Valuation Office KPMG Solved atMcConchieP/L Penleigh BoydP/L P/L Heritage MgtConsultants Name Administered revenue*: $.920m Departmental equityinjection:$0m Revenue from othersources: $0.256m Departmental appropriations: $15.237m Total priceofoutputs:$15.493m Portfolio BudgetStatement2008-09 Telecommunications Review Books Valuation ofLibrary Collection&Rare Assessment IT &BusinessContinuityRisk Information &Records MgtReview Management Plan Precinct, Build&LandscapeAudit Conservation ManagementPlan Develop HeritageStrategy& Description Actual administered revenue: $0.975m Actual equityinjection:$0m Actual revenue from othersources: $1.699m Actual appropriations: $15.237m Actual priceofoutputs:$18.616m Actual Results Contract Price$ 30,800 33,000 44,752 51,480 80,102 82,500 • • were completed: auditor. During2008-09thefollowing audits The Courtengagedacontractinternal • • • • • The FinanceCommittee: administration of the Court’s financial affairs. the Court ofAustraliaAct1979concerning of thepowersCourtunderHigh advise theCourtinrelation totheexercise The role oftheFinanceCommitteeisto Governance Total KPMG Housley Consulting ICE DesignAustP/L PWC Name Review ofITGeneralControls. Review ofFinancialProcesses; and considers buildingstrategiesandprojects. fraud control frameworks;and appropriate riskmanagement,auditand financial businessrisks,including processes foridentifyingandmanaging reviews andadviseswhere necessaryon CE&PR; statements priortotheirsigningbythe reviews andadoptsannualfinancial expenditure againstbudgets; monitors, andreports totheCourton, budgets; recommendations totheCourton reviews and,where appropriate, makes Control Plan Update FraudRiskAssessment& WAN Procurement Court Technology Review Groupware Review Description be foundinPartVIIofthisreport. Court’s 2008-09FinancialStatementscan and theAuditor-General’s certificateonthe audit wascompletedinSeptember2009 The Statements totheAttorney-General. express anopinionontheCourt’s Financial conducts anindependentauditinorder to to theAuditor-General. TheAuditor-General to submittheCourt’s FinancialStatements Court Act1979(Cth),theisrequired As detailedinsection47(2)oftheHigh AuditofFinancialStatements External Employment of Conditions and Terms Management Human Resource performance payduring2008-09. No HighCourtstaff memberreceived 2009 commencedon1November 2006. The Court’s CollectiveAgreement 2006- applying intheAustralianPublicService. and conditionsare generallysimilartothose determined bytheCourtitself.Theseterms terms andconditionsofCourtstaff tobe Section 26(4)oftheActprovides forthe High CourtofAustraliaAct1979(Cth). High Courtstaff are employedunderthe

Annual Report 2008-09 Contract Price$ 404,804 11,770 15,400 27,500 27,500 47

Part VI Part VI 48 classification andgender. and thecompositionofstaff bysalary employment intheCourt’s administration, employees infull-timeandpart-time giving anoverviewofthenumbers At Annexure Bofthisreport are tables Staffing Overview of services. effective decision-making and delivery is toensure thatthisdiversity isusedin make totheworkplace.TheCourt’s aim backgrounds, experience and skillscan the contributionthatpeoplewithdiverse The Courtrecognises and encourages Workplace Diversity • the followinginitiatives: During theyearITsection undertook Information Technology (IT) during thefinancialyear. There were tenminorincidentsreported have aboutpersonalandworkplacesafety. opportunity forstaff toraiseanyissuesthey four times.ThisCommitteeprovides an During 2008-09theOH&SCommitteemet issue resolution procedures. environment withanemphasisonOH&S required forahealthyandsafeworking (Cth). Thepolicyoutlinesthemechanisms (Commonwealth Employment)Act1991 the OccupationalHealthandSafety policy thatmeetstherequirements of The Courthasacomprehensive OH&S (OH&S) Occupational HealthandSafety High Court ofAustralia of ChiefJusticeFrench; facilities tosupportthePerth chambers established aWAN linkandassociated desktop andlaptopcomputers. for thereplacement in2009-10ofall During 2008-09theCourtbeganplanning • • • • of leaksemanatefrom thebreakdown of garden andadjacentglazing.Themajority to rectify waterleaksinbalconies,theroof During 2008-09theCourtlet acontract Water LeaksinTrafficable Roofs Burley Griffin. Precinct, andLake ParliamentaryVista Court andNationalGalleryofAustralia management plansdevelopedfortheHigh Court willtakeintoaccountconservation the ConservationManagementPlan, completed bylate2009.Inpreparing Management Planare expectedtobe The HeritageStrategyandConservation Act1999(Cth). Conservation Environment ProtectionandBiodiversity consistent withtherequirements ofthe and ConservationManagementPlan consultant toprepare aHeritageStrategy During 2008-09theCourtengageda Conservation ManagementPlan and Strategy Heritage Building Operations information andrecords management; commenced astrategicreview of technology; of courtroom andcourtreporting commenced astrategicreview seven Justices; to accommodate thefullbenchof courtroomupgraded theMelbourne function devices; introduction ofafleetshared multi- rationalised printernumbersthrough final report identifiedarangeofsignificant and toprepare amanagementplan.The the precinct, excludingtheCourtbuilding, consultant toundertakeaconditionauditof During 2008-09theCourtengageda Management Plan and Audit Condition Precinct year materialandworkmanshipwarranty. new membraneiscovered byatwentyfive during theconstructionofbuilding.The the originalwaterproof membrane installed recommended works. in preparation forundertakingthe detailed plansandspecifications advice onthelikelycostandwilldevelop In 2009-10theCourtwillseekfurther outdoor furniture. forecourt paving,nightlighting, railingsand covering landscapeelements,drainage, also alargenumberofminorissues integrity anddesignuse.There were publicsafety,issues concerning building

Annual Report 2008-09 49

Part VI

High Court of Australia Part VII – Financial Statements

Independent Audit Report 52 Financial Statements of the High Court 54 Part VII High Court of Australia 52 nulRpr 080 53 Annual Report 2008-09

Part VII Part VII High Court of Australia 54

The aboveThe statement should in read be conjunctionw Deficit Deficit Expenses Total sales asset from Losses assets of impairment and Write-down amortisation and Depreciation Suppliers Employee benefits EXPENSES Total Income Total gains Gains Total revenue Resources received free of charge revenue Other Interest Sale of goods and rendering services of INCOME periodfor the ended 30 June 2009 INCOME STATEMENT the for CourtHigh of Australia Other gains gains Other Revenue from Government Government from Revenue Revenue

ith the accompanying notes. notes. accompanying the ith -5- -5-

Notes 4D 4D 4A 3D 3A 3A 4C 4C 4B 3C 3B 4E 3E 3F 3F

18,615,686 742,723 7,474,621 52,717 (1,493,850) 17,121,836 16,935,536 3,831,632 6,564,281 417,877 143,303

2,429 186,300 1,084,639 15,237,000 186,300

Annual Report 2008-09 30 June 2009 $

908,043 15,328,335 6,366 513,817 113,109 13,787,000 2008 June 30 (912,968) 1,072 16,241,303 13,510 3,706,976 6,086,286 6,433,459 15,328,335

$ - -

Part VII Part VII 56

The aboveThe statement should in read be conjunctionw Non-Current Liabilities Non-Current Liabilities Current Non-Current Assets Current Assets Equity Total Retained surplus (accumulateddeficit) Reserves Contributed equity EQUITY Assets Net Liabilities Total Total provisions Provisions Total payables Other payables LIABILITIES Assets Total assets non-financial Total assets non-financial Other Intangibles Library holdings Infrastructure, plant and equipment Assets Non-Financial assets financial Total Investments andTrade other receivables equivalents cash and Cash Assets Financial ASSETS at as 30 June 2009 BALANCE SHEET the for High Court Australia of Payables Employee provisions provisions Employee Land and buildings Suppliers Suppliers High Court ofAustralia

ith the accompanying notes. notes. accompanying the ith -6- -6-

Notes 6A,D 6A,D 6B,D 6B,D 6C,D 6C,D 6E,F 6E,F 6G 6G 5A 8A 8A 7A 7A 7B 5C 5B

3,060,234 188,733,261 190,814,562 190,814,562 3,205,483 4,286,323 145,249 (1,295,820) 135,431,784 56,678,598 1,810,335 194,020,045 476,388 1,292,006 16,175,875 994,037 3,289,364 229,026 23,676 168,247,387 5,286,784 1,810,335 1,395,148 189,209,649 4,810,396 401,111

30 June 2009 $

3,337,935 167,425,140 6,963,054 97,770 3,476,000 3,389,284 2008 June 30 142,870 2,100,761 188,655,686 7,227,575 193,639,630 198,031 136,763,001 56,678,598 193,639,630 2,243,631 1,560,436 1,560,436 683,195 564,501 118,694 195,883,261 264,521 188,920,207 15,393 17,877,218

STATEMENT OF CHANGES IN EQUITY for the High Court of Australia as at 30 June 2009

Retained Earnings Asset Revaluation Contributed Total Equity Reserves Equity/Capital

2009 2008 2009 2008 2009 2008 2009 2008 $ $ $ $ $ $ $ $ Opening balance ------Balance carried forward from previous period 198,031 1,110,999 136,763,001 134,541,126 56,678,598 53,985,540 193,639,630 189,637,665 Adjustment for rounding (1) - - - - - (1) - Adjusted opening balance 198,030 1,110,999 136,763,001 134,541,126 56,678,598 53,985,540 193,639,629 189,637,665

Income and expenses recognised directly in equity Revaluation adjustment n/a n/a (1,331,217) 2,221,875 n/a n/a (1,331,217) 2,221,875 Subtotal income and expenses recognised directly in equity n/a n/a 135,431,784 136,763,001 n/a n/a 192,308,412 191,859,540 Deficit for the period (1,493,850) (912,968) n/a n/a n/a n/a (1,493,850) (912,968) Total income and expenses (1,295,820) 198,031 135,431,784 136,763,001 56,678,598 53,985,540 190,814,562 190,946,572 Transactions with owners Contributions by Owners Appropriations (equity injection) - - - - - 3,476,000 - 3,476,000 Other* - - - - - (782,942) - (782,942) Sub-total transactions with owners - - - - - 2,693,058 - 2,693,058 Closing balance as at 30 June (1,295,820) 198,031 135,431,784 136,763,001 56,678,598 56,678,598 190,814,562 193,639,630 *The other contributed equity adjustment in 2007-08 relates to the transfer of land associated with the construction of the National Portrait Gallery.

The above statement should be read in conjunction with the accompanying notes.

Annual Report 2008-09

-7-

Part VII Part VII 58

The aboveThe statement should in read be conjunctionw Cash and cash equivalents at the end of the reporti the of end the at equivalents cash and Cash r the of beginning the at equivalents cash and Cash Net increase (decrease) in held cash Net cash from financing activities Total cash received Cash received ACTIVITIES FINANCING activities investing by used cash Net Total cash used Investments Purchase of property, plant and equipment used Cash Total cash received Investments Cash received ACTIVITIES INVESTING Net cash from operating activities Total cash used paid GST Net Suppliers Employees used Cash Total cash received Other cash received Net received GST Interest Appropriations ACTIVITIES OPERATING periodfor the ended 30 June 2009 CASH FLOWSTATEMENT the for High Court of Australia Capital injection injection Capital Proceeds from sales of property, plant and equipmen Cash received Goods andGoods services High Court ofAustralia

eportingperiod t ith the accompanying notes. accompanying the ith period ng -8- -8-

Notes 5A 5A

1,292,006 3,389,284 (2,097,278) 5,712,231 113,363 5,598,868 300,737 300,000 13,634,020 1,032,897 5,526,814 7,074,309 52,717 16,948,236 978,275 416,009 15,237,000 3,314,216 (5,411,494)

737 264,235

30 June 2009 $ - - -

6,366 15,078,873 630,908 497,510 157,089 13,787,000 2008 June 30 3,389,284 2,078,543 1,310,741 3,476,000 3,476,000 3,476,000 (5,416,873) 5,417,782 3,476,000 1,941,782 909 909 3,251,614 636,551 11,827,259 4,554,431 6,636,277

$ -

Net commitments by maturity by commitments Net commitments other Total Over fiveyears From one to fiveyears Other commitments commitments lease operating Total Over fiveyears From one to fiveyears Operating lease commitments commitments capital Total Over fiveyears From one to fiveyears payable Commitments Total GST receivable Over fiveyears From one to fiveyears Oneyear less or GST receivable Total operating lease income Over fiveyears From one to fiveyears Oneyear less or Operating lease income Commitments receivable BY MATURITY type by commitments Net commitments other Total payableGST on commitments commitments Other Operating leases Other commitments commitments capital Total Infrastructure, plant and equipment Land and buildings commitments Capital Total commitments receivable recoverableGST on commitments Sublease rental income TYPE BY at as 30 June 2009 SCHEDULE COMMITMENTS OF the for High of Court Austr Commitments receivable Oneyear less or Oneyear less or commitments Capital Oneyear less or

-9- -9-

alia 1,061,035 180,643 8,865,418 4,931,885 3,054,470 731,731 (968,926) (448,353) (294,101) (226,472) 1,061,035 8,865,418 267,112 464,619 (968,926) (968,926)

9,689,258 9,689,258 731,731 9,926,453 880,392 879,063

731,731

Annual Report 2008-09 30 June 2009 $ ------

74,280 18,852 55,428 (996,977) (977,177) (19,800) 2008 June 30 9,809,198 1,361,990 565,951 796,039 9,369,905 5,513,945 2,991,644 864,316 74,280 74,280 (977,177) (496,228) (323,309) (157,640) (19,800) (13,200) (6,600) 9,809,198 1,800 10,731,895 1,360,190 9,369,905

$ - - - -

Part VII Part VII 60

High Court ofAustralia The above schedule should be read in conjunction wi conjunction in read be should schedule above The vehicles to senior executive officers. Agreementfor the provision ofmotor majority The of the Leases for office accommodation Nature lease of NB: Commitments inclusive areGST where relevant. Notes and to forming part the of StatemenFinancial

various operative dates. CourtThe leasesmotor vehicleswith under the terms ofcontract a Index. increaseswith in accordance movements upward in th CommonwealthAustralia. of Lease payments aresubje th by owned buildings Court Law Commonwealth within General description leasing arrangement of th the accompanying notes. notes. accompanying the th ts thets for High Court of Australia -10- -10-

se commitments are leasesfor accommodation

e Consumer Price ct to annual annual to ct e

Net Increase in Cash Held Net cash flows from operating activities Total cash received Other fines, taxes feesand Cash received ACTIVITIES OPERATING for the period ended 30 June 2009 Flows Cash Administered Total revenues administered on behalf Government of Total non-taxation revenue Salesgoods of and renderingof services Non-taxation revenue Revenue for the year ended 30 June 2009 Income administeredGovernment of on behalf o Court High the for ITEMS ADMINISTERED OF SCHEDULE This schedule should be read in conjunction with th with conjunction in read be should schedule This reporti the of end the at equivalents cash and Cash for: Account Public Official to Cash r the of beginning the at equivalents cash and Cash - Other Other -

eportingperiod e accompanyingnotes. period ng

-11- -11-

f Australia f

Notes Notes 15A

975,131 975,131 975,131 (975,311) 975,311 975,311 975,311 975,311

Annual Report 2008-09 30 June 30 June 2009 2009 $ $ - -

1,124,722 1,124,722 1,124,722 (1,247,222) 1,247,222 1,247,222 1,247,222 1,247,222

30 June 30 30 June 30 2008 2008 $ $ - -

Part VII Part VII 62 oe1: Reporting of Outcomes Compensation and Debt Relief Appropriations Note 19: Table Reconciliation Administered Note 18: Note 17: 16: Note oe1: IncomeAdministered on Behalf of Governmen Instruments Financial Public Money in theCustody of the Court Note 15: Remuneration ofAuditors 14: Note Senior Executive Remuneration Note 13: Assets and Liabilities Contingent Note 12: Reconciliation Flow Cash Note 11: Provisions 10: Note Payables 9: Note Assets Non-Financial 8: Note Assets Financial Note 7: Expenses 6: Note Income 5: Note EventsAfter the BalanceSheet Date Note 4: Policies Accounting Significant of Summary 3: Note Note 2: 1: Note Index the to Notes of the StatementsFinancial

High Court ofAustralia -12- -12- t

40 39 37 36 36 31 31 31 30 30 30 29 29 24 23 22 22 21 13

1.1 Summary of Significant Accounting Policies 1:Note Notes and to forming part the of StatemenFinancial other office of profit within Australia. No related No Australia. within profit of office other liabilities, assets, useof the involve activities are thisoutcome toward contributing Allactivities Australia. in court Outcome 1: To interpret and uphold the Australian C Australian the uphold and interpret To 1: Outcome struc is and Australia in solely operates Court The Under section of 10 the Phelan Andrew Registrar: &Principal Executive Chief The Honourable Virginia Bell(appointed 3/02/09) Kiefel Susan Honourable The AC Crennan, Susan Honourable The AC Heydon, Dyson Honourable The AC Hayne, Kenneth Honourable The The Honourable Michael Kirby,AC, CMG (retired 2/02 AC Gummow, William Honourable The Justices: The Honourable Murray Gleeson,AC (retired 29/08/08 The Honourable Robert French (appointed 1/09/08) Justice: Chief Court. Regis Principal Courtand The is administeredExecutive Chief bythe theby Justices,who areassisted 1.2 consolidated revenue. High Court of Australia (Fees) Regulations 2004 CourtThe conductsfollowing the administered activ Government. the by incurred or controlled items right. Administered activities involve the manageme the involve activities Administered right. year.

Objectives of the High Court of Australia ("the Cou Administration of the Court

High Court of Australia Act 1979

income and expenses incurred controlledor by the C party transactionshave occurred during the 2008-2 Schedule 1. feesThe charges and are tr collected tured to meettured one outcome and output: classified as classified either departmental administered. or Departmental nt oversightor by the Court, on behalf of the Gove ities: Feesand charges are collected in accordance onstitution and to perform thefunctions of theult ) /09) /09) (Cth), a Justice is not capable of accepting hol or ts thets for High Court of Australia -13- -13- rt") rt")

Annual Report 2008-09 ourt in its own own its in ourt ansferred to 009 financial financial 009 imate appellate trar of the with the rnment, of ding any 63

Part VII Part VII 64

in the income statement when and only when the flow the when only and when statement income the in when only and when sheet balance the in recognised requir specifically is treatment alternative Unless specified. larsvalues anddol are roundedinAustralian to the nearest dollar u presented is report financial The position. financial the or results the except for certain assetsfair value. at wh Except financialThe has report prepared on been an accrua can reliably be measured. requir specifically is treatment alternative Unless reported in the schedule commitments. of are not recognised unless by required an accounting liabilities and assets However, measured. reliably Court a future or sacrifice of economic benefitwil with IFRS requirements. The Court isnot a for pro financial report complies with Australian Accountin Australian with complies report financial m cannot it (AEIFRSs) Standards Reporting Financial and other AustralianAccountingStandards contain r (IFRSs)madewhere to be the financial compl report ng Reporti Standards Financial International with compliance of statement a require Standards Accounting Australian 1.5 period. accounting next the within ities liabil and assets of amounts carrying to adjustment id been have estimates or assumptions accounting No The financialThe statements and notes are required by section of (1) the 47 On that basis, the Financial Statements and notes h notes and Statements Financial the basis, that On as the Minister of Finance approves. are a general purpose financial report. Under Secti amount the on impact significant most the have that judgements ng followi the made hasIn the Court process ofthe applying theaccountingnote, this policiesin listed 1.4 where otherwisestated at Note 1.20. and related notes are accounted for on the same bas Administered revenues, expenses, assets and liabili 1.3 Notes and to forming part the of StatemenFinancial High Court ofAustralia

• • •

Australian Accounting Standards and Interpretation Interpretation and Standards Accounting Australian (AASB) that apply for the reporting period. Finance Minister's Orders (or FMO) reportingor periods ending on or after 1 July 2008; and an independent valuer. The Court's building is purp is building Court's The valuer. independent an taken been has buildings and land of value fair The Changes in Australian Accounting Standards Standards Accounting Australian in Changes Basis of Preparation of the Financial Report Significant Accounting Judgement and Estimates Estimates and Judgement Accounting Significant changing prices on on ere stated,prices allowance no madefor is the effect of changing ed by an accounting standard theor FMO, assets and ed byed an accounting standard, income expenses and a arising under Agreements Equally Proportionately U Proportionately Equally Agreements under arising l be required and the amounts of the assets liab or be in such a form form a theon (1) 47 such Financial in Statements are required to be aveprepared beenin with: accordance ties and cash flows reported in the Schedule of Adm of Schedule inthe reported flows cash and ties is and using the same policies as for departmental departmental for as policies same usingthe and is fit entityand has applied these requirements,w so l basis arein and with accordance historical the c s recorded in the financial statements: statements: financial inthe recorded s standard. Liabilities assets and that areunrecog g Standards including Australian Equivalents to Int to Equivalents Australian including Standards g equirements specific to not-for-profit entities tha entities not-for-profit to specific equirements ies withiesthese standards. SomeAustralian equivale it is probable that future economic benefits will f will benefits economic future that probable is it entified that have a significant risk of causing a a causing of risk significant a have that entified , consumption loss or of economic benefitshas occu ake statement. this ned by by ned determi as cost replacement down written the be to ose-builtmay and fact in realisemore lessor in t issued by the Australian Accounting Standards Board Standards Accounting Australian the by issued ts thets for High Court of Australia -14- -14-

High Court of Australia Act 1979 (Cth) nless otherwise otherwise nless ilities can be be can ilities nised are ost convention, t are inconsistent inconsistent are t hile this this hile material material items, except except items, liabilities are are liabilities low to the the to low re recognised ernational ernational inistered Items Items inistered nperformed nts to IFRSs IFRSs to nts rred andrred he market.he and and

Recognition and Measurement. 139 AASB Interest in out revenue set as recognisedusing is method the effective interest collectability of the debt is nolonger probable. Receivables for goods and services,which have d 30 incurred to date to the bear estimated totaltransaction. the costs of stageThe of completion of contracts at the reporti impairment allowance Collectability account. deb of date. revenueThe when: is recognised Revenue from rendering of services recognised is by Resources Received Charge Free of Appropriations receivable are recognised at their n inna reciprocal are that activities to relate that reductions) arerecognised as revenuewhen the Cour Amounts appropriated for departmental outputs appro Revenue from the sale of goods is recognised when: when: recognised is goods of sale the from Revenue Revenue Government from 1.6 Adoption of new AustralianAccounting Standard requ Notes and to forming part the of StatemenFinancial Resources received free of are recognised charge as Future Australian Accounting Standards Requirements applicable to the current none period, mater have a standards, amendments to standards and interpretati accountingNo standard has earlier adopted tha been Board thatBoard areapplicable to future periods, nonew Of the newstandards, amendments to standards and i determined and the serviceswould have been purchas Other TypesRevenue of Resources received free of are recorded charge as e recognised as expense. an

• • • • • •

the economic probable with benefits the transaction the amount of revenue,stage completion of and tran it is that probable the economic benefits associate the revenue transaction and costs incurred can r be the seller retains no managerial involvement nor ef nor involvement managerial no retains seller the the risks and rewards of ownership have been transf been have ownership of rewards and risks the Revenue

ture, inwhichcase revenue iswhen only recognised ng datedetermined is by reference to the proportio ominal amounts. amounts. ominal ial onimpact the Court. ill have a material impact on the Court. Court. the on impact material a have ill ither revenue or gains depending on their nature. nature. their on depending gains or revenue ither revenue when and only when a fair value can be rel be can value fair a when only and when revenue ons issued by theAustralian Accounting Standards that Board are n the applicationnew date as stated inthe the standard. Of ts is reviewed at balance date. Allowancesmad are at the reporting reference to thereporting stage completion of the contracts of at ay arerecognised terms, at thenominal amounts due t gainscontrol of the appropriation, except for ce nterpretations issued by the Australian Accounting Accounting Australian the by issued nterpretations ed if they had not been donated. Useof those reso priationsfor theyear (adjusted for any formal add irements d from the transaction will flow to the Court. Court. the to flow will transaction the from d

eliablymeasured; and fective control over the goods; will flow to the Court. Court. the flowwillto erred to erred the buyer; saction costs incurred can reliably be measured; an ts thets for High Court of Australia -15- -15-

Financial Instruments: Annual Report 2008-09 it has it been earned. n that costs costs nthat rtain amounts amounts rtain iably iably itions and and itions e whene urces is is urces Standards less any any less d 65

Part VII Part VII 66

High Court ofAustralia Other Gains Other Separation and redundancy promotion through payincreases and rates attrition Equity Injections Equity 1.8 recognition. Assets recognised for thefirst time are classified Liabilities for ‘short-term employee benefits’ (as (as benefits’ employee ‘short-term for Liabilities been settled. Liabilitiesfor services by rendered employees arerecognisedat the reporting date to the extent that 1.9 y that in equity contributed in directly recognised Amountswhich appropriated are designated 'equit as . GainsResources Received Charge Free of 1.7 Notes and to forming part the of StatemenFinancial Provision ismade for separation and redundancy ben when it has developed a detailed formal planfor th terminations. the out carry will when the asset qualifies for recognition, unless re unless recognition, for qualifies asset the when o acquisition of cost no at assets of Contributions Gainsfrom disposal non-current of assets arerecog short-handmethod as revised in February 2009. The liabilityThe for long service leave has been deter termination. on th extent the to rates, contribution superannuation leaveThe liabilities areon calculated the basis o the Court is estimated less to be than the annual e provis includes benefits employee for liability The The nominal amount is calculated with regard to the to regard with calculated is amount nominal The withindue months twelve balance of measur date are Sale of Assets of Sale Resources received free of are recorded charge as e consequence of a restructuring of administrative ar made for sick leave asleave sick all non-vestin is Leave made in respect of services by provided employeesu measured are liabilities benefit employee Allother

Transactions the with Government as Owner Employee Benefits

f employees' remuneration, including the Court's em Court's the including remuneration, employees' f qualifies for for as other gains at their fairvalue when theasset qualifies r forr nominal consideration arerecognisedas gains ear. g and the average sick leave taken in future years years future in taken leave sick average the and g defined Employee inAASB 119 Benefits) and terminat ceived from another Government Agency or Authority Authority or Agency Government another from ceived ntitlement for sick leave. sickleave. for ntitlement mined by reference to theFinance Department of and at the leave is likely to be taken during service r ion for annual leave and long service leave. No pro No leave. service long and leave annual for ion at the presentvalue of thebe to estimated future cash outflows rangements (Refer to Note .1.8). e terminations has and informed those employees aff and inflation. inflation. and ither revenue or gains depending on their nature. nature. their on depending gains or revenue ither nisedwhen control of thehas asset to the passed b rates expected to be paid on settlement of the lia the of settlement on paid be to expected rates p to the reporting date. date. reporting the to p y injections'for a year (less any reduction formal estimate of the presentvalue of the liability tak efit payments. The Court recognises a provision for provision a recognises Court The payments. efit ed at their nominal amounts. amounts. nominal their at ed ts thets for High Court of Australia -16- -16-

ather than paid out out paid than ather by employees of of employees by they have not not have they at theirfair value es into account ployer ployer bility. bility. vision has been been has vision uyer. uyer. s) are Deregulation's ected that it that ected termination termination as a ion benefits benefits ion

recognition. classificationThe dependsthe on nature and purpos lease is a lease thatnot is a finance lease. In op The discountThe rate used the is interest rate implici th for and time same the at recognised is liability lease property ifor, lower, present the value m of Where a non-current assetby acquired is means of a and benefits. Cash and cash equivalentsmeansnotes and coins hel 1.12 All borrowingcosts are expensed as incurred. 1.11 derived from the assets. leased Operating lease payments are expensed on a straight lease. Lease payments areallocated between the pr Allfinancial assets of are currently the Court cla 1.13 amount. nominal its at recognised is Cash value. kn to convertible readily are that less or months 3 be sufficient to meet the current cost to the Gover the to cost current the meet to sufficient be The liabilityThe for superannuation recognised as at 3 they if as contributions the for accounts Court The emplo the to contributions makesemployer Court The as an administered item. to the lessee substantially all the risks and rewar and risks the all substantially lessee the to A distinctionmade is between finance leases and op 1.10 theyear. li This course. due in Government Australian the by in recognised is benefits defined for liability The scheme. CSSThe and PSS aredefinedbenefit schemes for the funds. Superannuation Notes and to forming part the of StatemenFinancial Superannuation Scheme (PSS), the PSS accumulation p accumulation PSS the (PSS), Scheme Superannuation Staff ofmembers the Court are of theCommonwealth Superannuation Scheme (CSS), thePublic Sector • •

'loans and receivables'. 'held-to-maturity investments' and and investments' 'held-to-maturity Cash Cash Borrowing Costs Financial Assets Assets Financial Leases Leases

erating the leases, lessor effectivelysubs retains ds incidental to ownership of leased non-current as non-current leased of ownership to incidental ds t in the Leased lease. assets are amortisedover th ssed as either: e same amount. thefinancial statements Australian of the Governm inimum lease payments at the inception of the contr the of inception the at payments lease inimum sk of changes in in changes of sk ri insignificant to subject and cash of amounts own nment of the superannuation entitlements of the Cou the of entitlements superannuation the of nment 0 June represents outstanding contributions for the for contributions outstanding represents June 0 were contributions to defined contribution plans. incipal component the and interest expense. e of the financial assets is and at determined initial the of time ability is reportedability by is the Department of Finance an erating leases. Finance leases effectively transfer finance lease, finance the asset is capitalised at either thefair value of the line basis which line basis representative is pattern of the benefits of d and any deposits in bank accountswith an origina Australian Government. is PSSap The a defined con yeesuperannuation scheme atdetermined rates by an lan (PSSap) or or lanother (PSSap) complying accumulation superan ts thets for High Court of Australia -17- -17-

Annual Report 2008-09 tantially all such risks risks such all tantially e period of the sets. An operating operating An sets. ent and is settled settled is and ent final fortnight of of fortnight final from the lessor lessor the from act and a rt’s employees. employees. rt’s d Deregulation Deregulation d l maturity of maturity l tribution tribution actuaryto nuation nuation 67

Part VII Part VII 68

Impairment of financial assets the effective interest rate. recogn is Interest are measured at amortisedimpairment. less cost usingmethod the effective interest greater than months 12 after the balance sheet date activemarket areclassified as 'loans and receivab Held-to-maturity investments Held-to-maturity th value fair 'at Income assets is financial recognised for on effective an interestexcept rate basis Trade receivables,Trade loans and other receivables that cash receipts through the life expected of the fina interest income the over relevant period. effecThe effectiveThe interestmethodmethod a is of calcul cash payments through the expected life of the fina the of life expected the through payments cash interest expenseover the relevant period. effeThe borrowings, including liabilities, financial Other Effective Interest Method Interest Effective Financial assets areand recognised derecognised up Notes and to forming part the of StatemenFinancial positive intent and ability to hold to maturity are to hold to ability and intent positive Non-derivativefinancialwith assets fixed deter or Other Financial Liabilities Financial Other Financial liabilitieswere recognised and derecogni liabilities. fina either as classified are liabilities Financial 1.14 recognised in the Income Statement. asset's original effective interest rate. carry The difference between the asset'scarrying amount the and present value of estimated future cashflows di loans and receivables held or to maturity investmen Financial assets held at amortised cost - Financial assets impairment are assessedfor at eac

The effectiveThe interestmethodmethod a is of calcul interest expenserecognised an on effectiveyield b measur subsequently are liabilities financial Other investments at amortised arerecorded cost using th Loans and receivables recognised on effective an yield basis. High Court ofAustralia

Financial Liabilities Liabilities Financial

if there isevidence objective that an impairment l ncial liabilities 'at fair value through profit or or profit through value fair 'at liabilities ncial ing amount reduced is byway an of accoun allowance classified as held-to-maturity investments. Held-t are initially measuredare initially at fair value,transa net of ncial asset, where or, a appropriate, shorter perio les'. They are included in current assets, except f ctive interest rate is the rate that exactlydiscou minable payments and fixed maturity dates that the the that dates maturity fixed and payments minable ed ated amortised cost using the effective interestm have fixed or or fixed havedeterminable payments are not that q tive interest rate is the rate that exactlydiscoun asis. asis. h balance date. . These are classified as non current assets.Loans ating the amortised cost of a financial asset and o ating the amortised cost of a financial liability a liability financial a of cost amortised the ating sed upon 'trade date'. ncial liability, or, where appropriate, a shorter p a shorter appropriate, where or, liability, ncial e effective interest method less impairment, withr impairment, less method interest effective e ts held at amortised cost, the amount the of loss i on 'tradeon date'. ts thets for High Court of Australia -18- -18-

oss has been incurred for for incurred been has oss loss' or other financial financial other or loss' rough profit or loss'. ction costs. costs. ction nts estimatedfuture ts estimatedts future d. d. or maturities maturities or o-maturity nd of allocating eriod. ethod, with with ethod, f allocating fallocating and receivables s measureds as the ised by applying evenue evenue t. The loss is scounted at the Court has the the has Court uoted in an an in uoted

Revaluations (other thanwhere theyform part of a group of simi costing less than $3,000 (or building improvements is probable but not virtually certain and contingen and certain virtually not but probable is liability in respect ofwhich the amount cannot be in the transferoragency’s accounts immediately pri the latter case, assets areinitially recognised as value at the date of acquisition,unless acquired a Asset Recognition Threshold Recognition Asset Asset class class Asset Fair valuesfor each class asset of are determined as shown below: assets. assets. regularity of independent valuations depends upon t upon depends valuations independent of regularity for that class. class. that for recognised directly through operating result except classwas that previously recognised through operat the carrying amountsof not assetsdo differmateri Revaluation adjustments aremade on a class basis. depreciation and accumulatedimpairment losses. Val ant andpl equipment property, are carried at faircost, valuelessat ac recognition initial Following Heritage and cultural assets Infrastructure, plant & equipment Buildings Land 1.17 Supplier and other payables Notes and to forming part the of StatemenFinancial Purchases property, of plant equipment and are reco Assets acquired at no cost, for or nominal consider transaction costswhere appropriate. Assets are recorded at cost on acquisition except a 1.16 schedulesnotes. andmay They arise fromuncertaint no are Assets Contingent and Liabilities Contingent 1.15 serviceshave been received (and irrespectiveha of Supplier and other payables recognised are at amort assets transferred in exchange and liabilities unde liabilities and inexchange transferred assets of asset revaluation reserve to the except extent t

Property, Plant and Equipment Equipment and Plant Property, Acquisition of Assets Assets of Acquisition Assets Contingent and Liabilities Contingent

contributions by owners at the amounts at which th which at amounts the at by owners contributions hat reverses it a previous revaluation decrement of arrangements. In In s a consequence of restructuring of administrative arrangements. their fair value plus plus value rtaken. Financialfair assets are initiallymeasured at their t liabilities are disclosed when settlement is grea is whensettlement disclosed are liabilities t reliablymeasured. Contingent assets are disclosed s stateds below. The cost of acquisition includes t ally fromally the assets’ fairvalues asreporti at the ation, are initially recognised as assetsand incom ving been invoiced). to the extent that they reverse revalua a previous lar items which are significant in total). total). in significant are which items lar or to the restructuring. restructuring. the to or Any revaluation increment is credited to equity und equity to credited is increment Anyrevaluation ing Revaluation result. decrementsa class for of a in the relevant t recognised inrelevant the balancethe sheet reported but in are thatextent the goodsthe or to recognised are Liabilities cost. ised he volatility of movements in market values for the for values market in movements of volatility he less than $10,000), which are expensed in the year year the in expensed are which $10,000), than less gnised initially at cost in the balance sheet, exce y to as the existence of a liability asset or re or uations are conductedwith sufficientfrequency to ensure that Fair value measuredFair value at Market Selling Price Market Selling Pr building. heritage special-purpose a is Building Depreciated replacement cost recognising that theC to be disposed of due to legislation or government inability the and Triangle Parliamentary the within restri the of recognition with use best and Highest ts thets for High Court of Australia -19- -19-

ice Annual Report 2008-09 ng date. The The date. ng cumulated ter than remote. remote. than ter ey were ey recognised present an asset or the same asset he fairhe value of tion increment increment tion pt for purchasespt e at their faire at their when settlement whensettlement ssets are of acquisition acquisition of relevant relevant er the heading heading the er ctive zoning zoning ctive of the assets policy. policy. ourt's ourt's 69

Part VII Part VII 70

Depreciation rates applying each to class deprec of adjustments arerecognised inthe current, curre or Depreciation rates (useful residual lives), valuesmethods and arereviewed at each reporting date and useful lives and arenot depreciated. The Court has items property,of plant equipmenand c inall using, Court the to lives useful estimated Depreciable property, equipment plant and assetsar The recoverableThe amount of asset an ishigher the of amount. carrying recoverable amount estimated is and an impairment a All assets were assessed for impairment at 30 June June 30 at impairment for assessed were assets All Building assets assets Building Depreciation and the asset restated to the revalued amount. Any accumulated depreciation as at the revaluation date is eliminated against thegross carrying amoun Notes and to forming part the of StatemenFinancial Revenues, expenses and assetsare recognised net of (GST). The Court is exempt from all forms of taxation exce 1.19 Allsoftware assetswere assessed for indications o software is years3 (2007-08: 3 years) Intangible assets on areamortised a straight-line basis over their anticipated useful life. The usefu accumulated amortisationaccumulated and impairment acquire externally comprise intangibles Court's The 1.18 replaced if the Courtwere deprived of the asset, i an asset not is primarily dependent on the asset’s ability to generate future cashflows, the and asse the presentvalue of the future cashflows expected Infrastructure, plant and equipment Impairment Library holdings High Court ofAustralia • •

except for receivables payables. and exceptwhere incurred the amount GST is of not reco Taxation Intangibles

ases, the straight-line method of depreciation. depreciation. of method straight-line the ases, ts valuets inuse taken is its to be depreciated repl nt and future reporting periods, as appropriate. f impairment as at June 30 2009. to be derived to be from the asset. Where thefuture eco iable asset are based on the following useful lives useful following the on based are asset iable its fair value less costs to sell and its value in value its and sell to costs less value fair its 2009. 2009. Where indications of impairment exist, the as d softwared for internaluse. These assetsare carri e written-off to their estimated residual values ov values residual estimated their to written-off e pt Fringe Benefits Tax (FBT) and the Goods and Serv GST: GST: t that are heritage cultural and assets thatnot do djustment madedjustment if the asset's recoverable amount is 2009 4 to 173 years 0 to 50 years 50 years losses. losses.

verable from theAustralian TaxationOffice; and ts thets for High Court of Australia

-20- -20-

2008 4 to 173 years 0 to0 50 years 200 years

use. Value in use is acement cost. l lives of the Court's Court's the of lives l t would be be would t

: ed ated cost less have limited er their their er nomic benefit of benefit nomic necessary set’s set’s t of the asset less than its ices Tax

presentationfor the current financialyear. After Events the Balance DateSheet eventsNo have occurred after balance date that aff 2:Note When requiredAccounting by Standards, comparative 1.21 Government. Australian the of All administered revenues are revenues relating to the course of ordinary activities by performed the Revenue the through transactions, Government's the reflects Recon Administered 16: inNote Table Reconciliation and as reported such in the statement offlows cash These transfers to the are adjustments OPA to the a are transferred to the OfficialPublic Account (OPA Revenue collected by for use the Court by the Gover Administered Cash Transfers to and from Official Pu a the including items, departmental for as policies whereExcept otherwise stated below, administered i and related notes. liabilitie assets, expenses, revenues, Administered 1.20 Notes and to forming part the of StatemenFinancial

Reporting Administered of Activities Comparative Figures

pplication of Australian Accounting Standards. Standards. Accounting Australian of pplication s andflows cash are disclosed in the schedule of a ect the Financial Statements Statements Financial the ect Court, with parties outside the Government. Government. the outside parties with Court, in the schedule of administered items and in the A the in and items administered of schedule the in dministered cash held by theAgency behalf on of th ) maintained ) by the Department of Finance and Dereg nment rather than the Court is administered revenue administered is Court the than rather nment accountedtems are for on thesame basis using and thesame ciliation schedule Table. The of administered items figures have been adjusted to conform to changes in changes to conform to adjusted been have figures blic Account ts thets for High Court of Australia -21- -21-

Annual Report 2008-09 dministered items dministered Court on behalf behalf on Court dministered e Government Government e . Collections Collections . largely ulation. ulation.

Part VII Part VII 72

Financial Statements of the High Court of Australia of Court High the of Statements Financial appropriations under the control of theAttorney-Ge Deposits Deposits Other Other Wages and salaries oe3: Other Gains 3F:Note ce and Justices other Justi Chief ofthe theCourtto areprovidedfropaid allowances and salaries The benefits employee Total Separation and redundancies Leave and other entitlements Superannuation Employee Benefits 4A:Note Expenses 4:Note by held artwork and furniture heritage Recognising Total other gains Total resources receivedfree charge of services filing Registry Property operating cost Resources Received Charge Free of 3E:Note Total other revenue items minor Othr tender at items minor of Sale Sale of commemorative items Other Revenue 3D:Note interest Total Interest 3C:Note Total sale of goods and rendering of services Renderingservices of - external parties Sale of Goods and Rendering of Services Note 3B: Total revenue Government from Revenue fromGovernment 3A:Note Income Revenue 3:Note Notes and to forming part the of StatemenFinancial ANAO financial statement statement financial ANAO Appropriations: Practising certificates certificates Practising Provision of goods - external parties High Court ofAustralia Defined contribution plans plans contribution Defined Departmental outputs outputs Departmental Defined benefit plans

. neral's Department. These paymentsnot included are theCourt in the accounts for thefirst time.

ts thets for High Court of Australia -22- -22-

417,877 186,300 6,040,071 136,280 306,476 286,759 61,130 989,009 3,000 2,475 553 143,303 110,518 1,084,639 34,500 15,237,000 46,689 32,785 705,035 186,300 52,717 417,877 15,237,000 7,474,621

30 June 2009 m special $

81,076 32,033 13,787,000 13,787,000 2008 June 30 6,433,459 (222,381) 615,293 224,650 5,815,897 908,043 58,780 816,263 33,000 6,366 4,624 1,064 678 513,817 513,817 113,109

in the the in $ - - - -

Cash at bank bank at Cash Depreciation: Depreciation: Infrastructure, plant and equipment: Provision of goods - related entities entities -related goods of Provision Total cash and cash equivalents Other hand on Cash Cash and CashEquivalents Note 5A: Assets Financial 5:Note sales asset from losses Total Sales Asset from Losses 4E: Note Total write-down and impairment of assets Non-financial assets Write-Down and Impairment of Assets Note 4D: Total depreciation and amortisation amortisation Total Amortisation: Total depreciation Depreciation and Amortisation Note 4C: Total supplier expenses Workers compensation premiums Operating lease rentals - external parties: Renderingservices of - external parties entities -related services of Rendering Provision of goods - external parties Suppliers 4B: Note Notes and to forming part the of StatemenFinancial Financial assets Financial from: impairments and write-downs Asset Proceeds from sale Carryingvalue of assets sold Infrastructure, plant and equipment Revaluation decrement - library holdings holdings -library decrement Revaluation Intangibles: payments lease Minimum Library holdings Buildings Impairment of buildings assets cultural and heritage of Impairment equipment and plant infrastructure, of Impairment Impairment of internallysoftware developed Impairment of trade andreceivables other Computer software

ts thets for High Court of Australia -23- -23-

1,288,856 340,369

(737) 6,524 1,500 1,650 539,624 12,000 12,000 3,819,632 58,296 948,820 3,377,747 1,877,662 295,232 742,723

3,166 246,852 3,232,411 134,262 25,000 43,834 2,429 6,564,281 1,292,006 3,831,632

Annual Report 2008-09 30 June 2009 3 $ -

89,609 6,086,286 955,196 3,209,891 1,509,480 317,933 4,177 2008 June 30 1,500 3,389,284 1,850 3,385,934 1,702 1,981 (909) 13,510 2,000 11,160 350 61,230 3,706,976 61,230 77,160 3,645,746 3,240,964 327,622

$ - - -

Part VII Part VII 74

No indicators of impairment werefound for land and Office Valuation Australian the valuer, independent All revaluations are conducted inwith accordance t Total land and buildings (non-current) Total buildings on freehold land land: freehold on Buildings Buildings and Land 6A: Note Non-Financial Assets 6:Note All investments are current assets. investments Total Investments 5C:Note Total receivables Receivables areaged as follows: All receivables are current assets. Total trade and other receivables Total other receivables Other: receivableGST fromAustralian the Taxation Office Total receivables for goods and services andGoods services- external parties Trade and Other Receivables 5B:Note Notes and to forming part the of StatemenFinancial Deposits Deposits Goods andGoods services- related entities Freehold land at gross carrying value (at fairvalu High Court ofAustralia Not overdue Interest Overdue by: by: Overdue Other receivables Work in progress - at cost Accumulated depreciation Fair value More than days 90 61 to 90 days 30 to 60 days Less than 30 days days 30 than Less

e) e) he revaluation policy stated at Note 1. In March 20 conducted the conducted valuations. buildings as at 30 June 2009. ts thets for High Court of Australia -24- -24-

168,247,387 4,308,461 (80,081,202) 236,503,070

168,247,387 7,517,058 229,026 221,598 229,026 43,193 33,008 108,102 77,731 62,344 326 4,419 300 15,387 2,383 10,185 3,289,364 3,289,364

30 June 2009 $

07, an07,

167,425,140 262,886 167,425,140 (77,168,929) 236,814,125 7,517,058

31,140 31,140 53,479 13,151 13,151 2008 June 30 3,476,000 3,476,000 150 97,770 1,106 6,166 90,348 97,770

$ - - -

oe6: Library Holdings Note 6C: No indicators of impairment werefound for infrastr reserve. and heritage for $890,056 of increment Revaluation In April 2009, an independentvaluer, Simon Storey Office Valuation Australian the valuer, independent In June 2009 an independent valuer, the Australian Australian the valuer, independent an 2009 June In Infrastructure, plant and equipment: Library holdings No indicators of impairment was found forLibrary h revaluation reserve.A decrement was of $539,624 e Revaluation decrement of $2,221,874 for library hol Australian the valuer, independent an 2009, June In Total library holdings All revaluations are conducted inwith accordance t (non-curr equipment and plant infrastructure, Total Total heritage and cultural Cultural: and Heritage Total infrastructure, plant and equipment Equipment and Plant Infrastructure, 6B: Note Notes and to forming part the of StatemenFinancial Gross carrying valuefair (at value) Accumulated depreciation Gross carrying valuefair (at value) Heritage furniture- fair value Rare books - fairvalue Accumulated depreciation Artworksfair - value

he revaluation policy stated at Note 1. In March 20 Valuation Office conducted a valuation of Rare Book Valuation Office conducted the valuation of the L ucture,plant and equipment at as June 30 2009. conducted the conducted valuation Infrastructure, of Plant a dings (2008: increment: $2,221,874) wasmade to the cultural assets nil)was (2008: made the to asset r Fu Heritage and Artwork of valuations the conducted xpensed for library holdings (2008: nil). olding assets as at 30 June 2009.

ent)

ts thets for High Court of Australia -25- -25-

178,800 130,711 4,286,323 2,979,311 2,669,800 1,964,504

16,391,227 (657,492) (215,352) 16,175,875 1,307,012

Annual Report 2008-09 30 June 2009 $ nd Equipment. Equipment. nd evaluation evaluation

07, an07,

ibrary Holdings. 1,937,804 110,812 1,826,992 3,337,935

1,400,131 (330,272) 1,730,403 2008 June 30 17,877,218 (213,515) 18,090,733

s. s. asset rniture. rniture. $ -

Part VII Part VII 76

High Court ofAustralia Notes to and forming part of the Financial Statements for the High Court of Australia

Note 6D: Analysis of Property, Plant and Equipment TABLE A - Reconciliation of the opening and closing balances of property, plant and equipment (2008 - 2009)

Item Land Buildings Total Land Other IP&E Heritage & Library Total and Buildings Cultural Holdings $ $ $ $ $ $ $ As at 1 July 2008 Gross book value 7,517,058 237,077,011 244,594,069 1,730,403 1,937,804 18,090,733 266,353,009 Accumulated depreciation/amortisation and impairment n/a (77,168,929) (77,168,929) (330,272) - (213,515) (77,712,716) Net book value 1 July 2008 7,517,058 159,908,082 167,425,140 1,400,131 1,937,804 17,877,218 188,640,293 Additions: By purchase - 4,188,920 4,188,920 283,799 186,301 1,307,007 5,966,027 Revaluations and impairments through equity - - - 601 890,056 (2,221,874) (1,331,217) Revaluations recognised in the operating result - - - - - (539,624) (539,624) Impairments recognised in the operating result - (134,262) (134,262) (43,834) (25,000) - (203,096) Reversal of impairments recognised in the operating result ------Reclassification - - - 9,850 (9,850) - - Depreciation/amortisation expense n/a (3,232,411) (3,232,411) (340,369) - (246,852) (3,819,632) Disposals: Other disposals - - - (3,166) - - (3,166) Net book value 30 June 2009 7,517,058 160,730,329 168,247,387 1,307,012 2,979,311 16,175,875 188,709,585 Net book value as of 30 June 2009 represented by: Gross book value 7,517,058 240,811,531 248,328,589 1,964,504 2,979,311 16,636,242 269,908,646 Accumulated depreciation/amortisation and impairment n/a (80,081,202) (80,081,202) (657,492) - (460,367) (81,199,061) 7,517,058 160,730,329 168,247,387 1,307,012 2,979,311 16,175,875 188,709,585

-26-

Notes to and forming part of the Financial Statements for the High Court of Australia

Note 6D: Analysis of Property, Plant and Equipment (continued)

TABLE A - Reconciliation of the opening and closing balances of property, plant and equipment (2007 - 2008)

Item Land Buildings Total Land Other IP&E Heritage and Library Total and Buildings Cultural Holdings $ $ $ $ $ $ $ As at 1 July 2007 Gross book value 8,300,000 235,346,278 243,646,278 2,754,493 1,937,804 14,638,222 262,976,797 Accumulated depreciation/amortisation and impairment n/a (73,328,465) (73,328,465) (602,670) - (136,355) (74,067,490) Net book value 1 July 2007 8,300,000 162,017,813 170,317,813 2,151,823 1,937,804 14,501,867 188,909,307 Additions: By purchase - 489,057 489,057 222,087 - 1,230,637 1,941,781 Revaluations and impairments through equity (782,942) - (782,942) - - 2,221,874 1,438,932 Impairments recognised in the operating result - - - (2,000) - - (2,000) Reclassification - 642,176 642,176 (642,176) - - - Depreciation/amortisation expense n/a (3,240,964) (3,240,964) (327,622) - (77,160) (3,645,746) Disposals: Other disposals - - - (1,981) - - (1,981) Net book value 30 June 2008 7,517,058 159,908,082 167,425,140 1,400,131 1,937,804 17,877,218 188,640,293

Net book value as of 30 June 2008 represented by: Gross book value 7,517,058 237,077,011 244,594,069 1,730,403 1,937,804 18,090,733 266,353,009 Accumulated depreciation/amortisation and impairment n/a (77,168,929) (77,168,929) (330,272) - (213,515) (77,712,716) 7,517,058 159,908,082 167,425,140 1,400,131 1,937,804 17,877,218 188,640,293 Note 6E: Intangibles Computer software at cost:

Annual Report 2008-09 Externally acquired - at cost 497,842 604,507 Accumulated Amortisation (494,451) (589,114) Work in progress 20,285 - Total computer software 23,676 15,393 Total intangibles (non-current) 23,676 15,393 No indicator of impairment were found for intangible assets.

-27- 77

Part VII Part VII 78

TABLE - B Othermovements corrects theopening balance for gr impairmen and depreciation/amortisation Accumulated Gross book value Net book value as at 30 June 2009 represented by: Net book value 30 June 2009 movements Other Amortisation Additions Net book value 1 July 2008 impairmen and depreciation/amortisation Accumulated Gross book value As at 1 July 2008 Analysis of Intangibles Note 6F: Notes and to forming part the of StatemenFinancial Accumulated amortisation and impairment Gross book value Net book value as of 30 June 2008 represented by: Net book value 30 June 2008 Amortisation result operating the in recognised Impairments Net book value 1 July 2007 impairmen and depreciation/amortisation Accumulated Gross book value As at 1 July 2007 TABLE B - High Court ofAustralia By purchase or internally developed developed internally or purchase By Reconciliation of the opening and closing balances Reconciliation of the opening and closing balances

Item Item Item

oss book value. value. book oss t t t ts thets for High Court of Australia -28- -28-

of intangibles of of intangibles of (112,950) 112,950 - - - - - (112,950) 112,950 (112,950) 112,950 - - (11 11,160 (112,950) 124,110 - -

(2008 - 2009) Computer Computer Computer Computer developed developed (2007 - 2008) internally internally software software software software

,160) $ $

15,393 (476,164) 491,557 15,393 (476,164) 491,557 15,393 - (61,230) 76,623 (414,934) 491,557 23,676 (387,787) 411,463 (2) 23,676 (12,000) 20,285

purchased purchased

Computer Computer Computer Computer software software software software $ $

15,393 (589,114) 604,507 15,393 (589,114) 604,507 15,393 (61,230) (11,160) 87,783 (527,884) 615,667 23,676 (500,737) 524,413 (2) 23,676 (12,000) 20,285 Total Total $ $

Leave Unearned revenue revenue Unearned Trade creditorsTrade - external parties reporting date $688,723 (2008: $616,375), and in ex settled within one year of reporting date. Employee date. reporting yearof withinone settled year, hence in the case of employee provisions the above classification does not represent the amount toexpected be The classification of current includes amounts for for amounts includes current of classification The Total employee provisions Employee provisions are represented by: Total employee provisions Employee Provisions Note 8A: Provisions 8:Note liabilities. current are payables Allother Total other payables Superannuation Accrued expenses Salarieswages and Other Payables Note 7B: Settlement usually is made days. net 30 liabilities. current are payables supplier All Total supplier payables Suppliers 7A: Note Payables 7:Note No indicators of impairment werefound for other no All non-financial other assetsare current assets. assets non-financial other Total prepayments Other Other Non-Financial Assets 6G:Note Notes and to forming part the of StatemenFinancial Prepaid property rentals Non-current Non-current Current

which there is not an unconditional right to defer defer to right unconditional an not is there which provisions expected to be settled in twelve months intwelve settled be to expected provisions cess of oneyear $1,121,612 (2008: $944,061). n-financial assets. assets. n-financial ts thets for High Court of Australia -29- -29-

1,810,335 16,270 401,111 1,810,335 107,065 692,216 178,486 401,111 143,375 333,013 145,249 1,665,086 1,810,335 994,037 476,388

Annual Report 2008-09 30 June 2009 settlement by one one by settlement $ from the the from

264,521 71,574 192,947 2008 June 30 1,560,436 142,870 1,417,566 1,560,436 1,560,436 564,501 9,383 422,489 115,571 17,058 118,694 118,694

Part VII Part VII 80

Operating result result Operating Unquantifiable Contingencies Unquantifiable As at June 30 the 2009, Court had no quantifiable c during the year to executives shown above. above. shown executives to year the during redundancy/t and separation of amount aggregate The aggregateThe amount of remuneration total senio of Total $355,000 $250,000 $205,000 $175,000 $160,000 numberThe senior of who executives wer received or Executive Senior Remuneration 11:Note Contingencies Quantifiable Contingent Liabilities and Assets 10:Note activities operating from cash Net Increase / (decrease) in other payables Increase / (decrease) in expenses accrued Increase / (decrease) in supplier payables Increase / (decrease) in employee provisions (Increase) / decrease in prepayments (Increase) / decrease in inventories (Increase) / decrease in net receivables assets of disposal on Loss writeNet down non-financial of assets amortisation / Depreciation Reconciliation operating result of net to cash from Difference Balance sheet statement flow Cash per: as equivalent cash and cash Report cash flow statement per as equivalents cash and cash of Reconciliation Cash Flow Reconciliation 9:Note Notes and to forming part the of StatemenFinancial As at 30 June 2009, the Court had no unquantifiable

High Court ofAustralia

to to to to to

$369,999 $264,999 $219,999 $189,999 $174,999

ontingencies. ontingencies. contingencies. r executives shown above. above. shown executives r operating activities: balance sheet to ermination benefit payments payments benefit ermination e due to receive total remuneration of $130,000 or ts thets for High Court of Australia -30- -30-

(1,493,850) 159,809 (117,718) 282,417 249,899 (211,867) 2,429 (131,255) 742,720 3,831,632 1,292,006 1,292,006 3,314,216

1,177,625 $

30 June 2009 1 1 1 1 1 $ 5 - - -

3,389,284 3,389,284 2008 June 30 2,000 3,251,614 74,310 80,001 (202,819) 467,995 1,506 20,380 1,072 13,161 3,706,976 (912,968)

963,305 $ more: more: $ 4 1 1 2 - - - -

Cash at bank bank at Cash Carrying amount of financial liabilities liabilities financial of amount Carrying Accrued expenses Supplier payables cost: Atamortised Liabilities Financial Carrying amount of financial assets Receivablefor goods and services Loans and receivables Categories of Financial Instruments Note 14A: Instruments Financial 14: Note These arefunds into paid theCourt under an of order the Court a or Justice of the Court. Balance as June at 30 Amounts deducted/paid out Amounts received Balance as at July 1 Suitor's Fund Public Money in Custodythe of Courtthe 13:Note otherNo serviceswere provided by theAuditor-Gene fr wereprovided services audit statement Financial Remuneration of Auditors 12:Note Notes and to forming part the of StatemenFinancial

Financial Assets Financial The fairThe value audit of was: services provided Term deposits Held-to-maturity High Court of Australia Australia of Court High

eo hret h or. ee of charge to the Court.

ral.

ts thets for High Court of Australia -31- -31-

1,292,006 1,093,327 692,216 401,111 4,669,286 87,916 1,379,922 3,289,364 17,000 (1,780) 4,515 14,265

34,500 34,500 3,289,364

Annual Report 2008-09 30 June 2009 $

33,000 33,000 2008 June 30 541,183 422,489 118,694 6,878,435 13,151 3,402,435 3,389,284 3,476,000 3,476,000 14,265 6,000 (15,530) 23,795

Part VII Part VII 82

Total Liabilities Financial Total Assets Financial Fair Value of Financial Instruments Note 14C: Net gain from financial assets Net gain loans and receivables Loans and receivables Net gain held-to-maturity Ass Financial from Expense and Income Net 14B: Note Notes and to forming part the of StatemenFinancial Held-to-maturity High Court ofAustralia Interest revenue revenue Interest Interest revenue revenue Interest Accrued expenses cost at amortised Suppliers payable at amortised cost Receivables for goods and services assets financial Held-to-maturity bank at Cash

692,216 401,111 87,916 3,289,364 1,292,006 1,093,327 4,669,286 Carrying amount ts thets for High Court of Australia ets -32- -32- 2009

1,093,327 692,216 401,111 4,669,286 87,916 3,289,364 1,292,006 Fair Value Fair 2009 $

208,262 402,280 208,262 194,018 194,018 541,183 422,489 118,694 6,878,435 13,151 3,476,000 3,389,284

Carrying Carrying 30 June amount 2008 2009 $ $

496,682 321,058 321,058 175,624 175,624 2008 June 30 541,183 422,489 118,694 6,878,435 13,151 3,476,000 3,389,284

Fair value Fair 2008 $ $

experience andfactors other compliance and with th The credit quality of other customers is risk asses risk is customers other quality of credit The Total Loans and receivables no but due past are that assets financial of Ageing Total Loans and receivables no but due past are that assets financial of Ageing Total Loans and receivablesfinancial assets assets Financial du past not instruments financial of quality Credit Total assets Financial CreditRisk 14D: Note Notes and to forming part the of StatemenFinancial e gross Court's the illustrates table following The Court'sThe primary credit risk exposure arisesfro enhancement Loans and receivablesfinancial assets

6,166 6,166 2,383 2,383 0 to 30 days 0 to 30 days $'000 sed by management taking into account their financi their account into taking management by sed m the Court's business interactions on credit with credit on interactions business mCourt's the $ e Court's credit terms is regularly monitored by maby monitored regularly is terms credit Court's e xposure to credit risk, excluding any collateral or

t impaired for 2008 t impaired for 2009 e or individually determined as impaired impaired as determined individually or e 1,106 1,106 300 300 80,488 80,488 Nor Impaired Not Past Due Past Not 31 to 60 days 31 to 60 days ts thets for High Court of Australia -33- -33- $'000 2009

$' $

4,419 4,419 5,729 5,729

61 to 90 days Nor Impaired 61 to 90 days Not Past Due Past Not $'000 2008 $ $ - -

87,916 150 150 326 326 7,428 7,428 87,916

Past due or or due Past Annual Report 2008-09 2009 impaired 90+ days 90+ days $ $'000 2009 trade debtors. $ $ al position, past past position, al

nagement. nagement.

13,151 7,422 7,422 7,428 7,428 7,422 7,422 13,151

credit Past due or 2008 impaired $ Total $'000 Total 2008 $ $

Part VII Part VII 84

2009 liabilities financial for Maturities liabilities. The Court. the of liabilities and assets financial The Court manages liquidity risk by continuously mo continuously by risk liquidity manages Court The 2008 liabilities financial for Maturities Total Accrued expenses Supplier payables Total Accrued expenses Supplier payables Risk Liquidity 14E: Note Notes and to forming part the of StatemenFinancial High Court ofAustralia

------On demand On On demand On 2008 2009 following tables illustrates the maturities for the for maturities the illustrates tables following $ $

541,183 422,489 118,694 1,093,327 692,216 401,111 nitoring theforecast and actual cashflows associat within 1 1 within within 1 1 within 2008 2009 year year ts thets for High Court of Australia $ $ -34- -34-

------

1 to 2 years 1 to1 years2 2009 2008 $ $

------2 to 5 years 1 to1 years2 2009 2008 $' $

------> 5 years Court's financial financial Court's > 5 years> 5 2009 2008 ed with the the with ed $ $

692,216 401,111 541,183 422,489 118,694 1,093,327 Total Total 2009 2008 $ $

recent trends and the current economic environment, economic current the and trends recent weighted The average interestrate received on inve ne the in rates interest the in changes to exposure Based on recent trends current and the economic env weighted The average interestrate received on cash institutions. financial and banks The Court's primarymarket risk exposure arisesfro Interest rate risk- cash at bank Interest rate risk- cash at bank investments - risk rate Interest investments - risk rate Interest Interest rate risk- cash at bank Interest rate risk- cash at bank Market risk 14F:Note Notes and to forming part the of StatemenFinancial Sensitivity analysis theof risk that the Court is months 12 next the in rates interest the in changes

xt months12 is approximately +/- 2.13%. is approximately +/- 1.51%. exposed forto 2009 and 2008 stments during the 2008/2009 financialyear was 5.6 m changesin the interestwith rates associated fun at bank funds during the 2008/2009 financialyear management estimates thatmaximum the perceived ex ironment, management estimates that the maximum per maximum the that estimates management ironment,

Risk variable variable Risk variable Risk 4.543 4.543 6.150 6.150 5.628 5.628 ts thets for High Court of Australia -35- -35-

(0.50) 0.50 (1.51) 1.51 (2.13) 2.13

Change in risk risk in Change risk variable risk Change in in Change variable

% %

(16,930) 16,930 (49,669) 49,669 (27,453) 27,453 Profit and loss Profit and loss and Profit Annual Report 2008-09 2008 2009 Effect on Effect on on Effect $ $ ds held with with held ds

was 4.54%.

3%. Based on posure to ceived Equity Equity 2008 2009 $ $ ------

Part VII Part VII 86

June 30 at as lities liabi administered less assets administered Closing OPA to Transfers Governmen Australian to/from transfers Administered income Administered Plus: July 1 at as lities liabi administered less assets administered Opening Administered Reconciliation Table 16:Note Refer Note Compensation 18: and Debt Relief Total sale of goods and rendering of services Other fees hearing and Filling Note 15A: Sales of Goods and Rendering of Services Non-Taxation Revenue Revenue Income Administered on Behalf Governmenof 15:Note Notes and to forming part the of StatemenFinancial High Court ofAustralia

ts thets for High Court of Australia -36- -36-

975,131 23,048 952,083 (975,131) 975,131

30 June 2009 $ - -

77,011 1,124,722 1,047,711 2008 June 30 (1,124,722) 1,124,722

$ - -

Notes to and forming part of the Financial Statements for the High Court of Australia

Note 17: Appropriations

Table A: Acquittal of Authority to Draw Cash from the Consolidated Revenue Fund for Ordinary Annual Services Appropriations

Administered Expenses Departmental Total Particulars Outcome 1 Outputs 2009 2008 2009 2008 2009 2008 $ $ $ $ $ $ Balance brought forward from previous period (Appropriation Acts) ------Appropriations Act: Appropriation Act (No. 1) 2008 - 2009 as passed - - 15,237,000 13,836,000 15,237,000 13,836,000 Departmental appropriations reduced (Appropriation Act section 10) - (49,000) - (49,000) Total appropriations available for payments - - 15,237,000 13,787,000 15,237,000 13,787,000 Cash payments made during the year (GST inclusive) - - 15,237,000 13,787,000 15,237,000 13,787,000 Balance of authority to draw cash from the Consolidated Revenue Fund for ordinary annual services appropriations and as represented by: ------

Departmental appropriations receivable - - - - Total as at 30 June ------

Annual Report 2008-09

-37-

Part VII Part VII 88

High Court ofAustralia Notes to and forming part of the Financial Statements for the High Court of Australia

Table B: Acquittal of Authority to Draw Cash from the Consolidated Revenue Fund for Other than Ordinary Annual Services Appropriations

Particulars Operating Non-operating Total

Outcome 1 Admin assets and SPPs NAE Equity Loans Previous years' outputs liabilities 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Balance brought foward from previous period (Appropriation Acts) ------Appropriation Act: Appropriation Act (No.2) 2008 - 2009 as passed - - - - - 3,476,000 ------3,476,000 Total appropriations available for payments - - - - - 3,476,000 ------3,476,000 Cash payments made during the year (GST inclusive) - - - - - 3,476,000 ------3,476,000 Balance of authority to draw cash from the consolidated revenue fund for other than ordinary annual services appropriations and as represented by: ------

Departmental appropriation receivable ------Total as at 30 June ------

-38-

for persons being a child under the age of years18 to Regulation 9(1)(b)(iii) of the High Court ofAus 1 exemptions of amounts owing to theAustralian Gov persons being a prison inmateor person in lawful d to Regulation 9(1)(b)(ii) of the High Court ofAust Go Australian the to owing amounts of exemptions 37 Affairs. (2008:78). personswho hold a concession issued card Centre by to Regulation 9(1)(b)(i) of theHigh Court Austrof Go Australian the to owing amounts of exemptions 87 persons in receipt of legal aid. (2008:16). a (Fees)Australi of Court Regulations High the of 9(1)(a) Regulation 2004,to for Go Australian the to owing amounts of exemptions 23 f two-thirds of (waiver hardship financial in being (Fees) Australia of Court High the of 10 Regulation 181 waivers of amounts owing to theAustralian Gove Administered Compensation and Debt Relief 18:Note Notes and to forming part the of StatemenFinancial

ee) (2008: 281 waivers) . (2008:1). tralia (Fees) Regulations 2004, 2004, Regulations (Fees) tralia ralia (Fees) Regulations 2004, for alia Regulations (Fees) for 2004, etention. (2008:61). Regulations 2004, for persons link or the Dept of Veterans' Veterans' of Dept the or link rnment were made pursuant to to pursuant made were rnment ernment weremadeernment pursuant vernmentweremade pursuant vernmentweremade pursuant vernmentweremade pursuant ts thets for High Court of Australia -39- -39-

11,284 178,567 1,364 23,244 108,861 Annual Report 2008-09 2009 $

2008 14,793 245,422 4,149 35,005 101,812 $

Part VII Part VII 90

High Court ofAustralia Notes to and forming part of the Financial Statements for the High Court of Australia

Note 19: Reporting of Outcomes The High Court of Australia operates solely in Australia and is structured to meet the following single outcome and output. Outcome 1: To interpret and uphold the Australian Constitution and to perform the functions of the ultimate appellate court in Australia. Note 19A: Net Cost of Outcome Delivery Outcome 1 Total 2009 2008 2009 2008 $ $ $ $ Expenses Administered - - - - Departmental 18,615,686 16,241,303 18,615,686 16,241,303 Total expenses 18,615,686 16,241,303 18,615,686 16,241,303 Costs recovered from provision of goods and services to the non-government sector Administered 975,131 1,124,722 975,131 1,124,722 Departmental 143,303 113,109 143,303 113,109 Total costs recovered 1,118,434 1,237,831 1,118,434 1,237,831 Other external income Departmental Goods and Services Income from Related Entities 1,084,639 908,043 1,084,639 908,043 Interest 417,877 513,817 417,877 513,817 Other 52,717 6,366 52,717 6,366 Other gains 186,300 - 186,300 - Total Departmental 1,741,533 1,428,226 1,741,533 1,428,226 Total other external income 1,741,533 1,428,226 1,741,533 1,428,226 Net cost of outcome 15,755,719 13,575,246 15,755,719 13,575,246

-40-

Notes to and forming part of the Financial Statements for the High Court of Australia

Note 19B: Major Classes of Departmental Income and Expenses by Output Groups and Outputs Outcome 1 Output 1.1 Outcome 1 Total

2009 2008 2009 2008 $ $ $ $ Departmental expenses Employees 7,474,621 6,433,459 7,474,621 6,433,459 Suppliers 6,564,281 6,086,286 6,564,281 6,086,286 Depreciation and amortisation 3,831,632 3,706,976 3,831,632 3,706,976 Write down of assets 742,723 13,510 742,723 13,510 Loss on disposal of assets 2,429 1,072 2,429 1,072 Total departmental expenses 18,615,686 16,241,303 18,615,686 16,241,303

Funded by: Departmental income Revenue from Government 15,237,000 13,787,000 15,237,000 13,787,000 Sale of goods and services 143,303 113,109 143,303 113,109 Interest 417,877 513,817 417,877 513,817 Other revenue 1,137,356 914,409 1,137,356 914,409 Other gains 186,300 - 186,300 - Total departmental income 17,121,836 15,328,335 17,121,836 15,328,335

Note 19C: Major Classes of Departmental Assets and Liabilities by Outcomes

Outcome 1 Total 2009 2008 2009 2008 $ $ $ $ Departmental assets Financial assets 4,810,396 6,963,054 4,810,396 6,963,054 Non-financial assets 189,209,649 188,920,207 189,209,649 188,920,207 Total departmental assets 194,020,045 195,883,261 194,020,045 195,883,261

Annual Report 2008-09 Departmental liabilities Payables 1,395,148 683,195 1,395,148 683,195 Provisions 1,810,335 1,560,436 1,810,335 1,560,436 Total departmental liabilities 3,205,483 2,243,631 3,205,483 2,243,631

-41-

Part VII Part VII 92

High Court ofAustralia Notes to and forming part of the Financial Statements for the High Court of Australia

Note 19D: Major Classes of Administered Income, Expenses, Assets and Liabilities by Outcomes Outcome 1 Total 2009 2008 2009 2008 $ $ $ $ Administered income Fees and charges 975,131 1,124,722 975,131 1,124,722 Total Administered income 975,131 1,124,722 975,131 1,124,722

-42-

Annual Report 2008-09 93

Part VII

High Court of Australia Part VIII – Annexures

Annexure A: Freedom of Information 96 Act 1982 (Cth) - Supplementary Material Annexure B: Staffing Overview 99 Part VIII 96 follows. the FreedomofInformationAct1982(Cth) Other informationrequired bysection8of the High Courtanditsadministration. functions, organisationandoperationof information abouttheestablishment, Parts VandVIofthisReportprovide MATERIAL – SUPPLEMENTARY ACT 1982(CTH) FREEDOM OF INFORMATION Part VIII–Annexure A • • • available forpurchase bythepublic: The followingcategoriesofdocumentsare subject toafeeorothercharge. Court Rules.Accesstothesedocumentsis accordance withRule4.07.4oftheHigh Registry are opentopublicaccessin and filedorlodgedattheHighCourt Certain documentsrelated tolegalmatters Case-related documents by paymentofafeeorothercharge. Act), whetherfree-of-charge onrequest or provisions oftheFreedomInformation are opentopublicaccess(outsidethe possession oftheHighCourtandwhich documents thatare maintainedinthe Listed beloware thecategoriesof Categories ofDocuments High Court ofAustralia 4.07.4 oftheHighCourtRules . are availableforsearch under Rule photocopies ofCourtdocuments which reasons forjudgment;and Court; transcripts ofproceedings before the

holdings listare availableforpurchase. In addition,papercopiesofthelibrary • • of-charge from theHighCourt Library: The followingdocumentsare available free- Library documents identify theparticular documentstheyseek. FOI contactofficerswillassist applicantsto Contact Points FOI Procedures andInitial • • • • • • • • • the HighCourtfree-of-charge: The followingdocumentsare availablefrom Other documents monthly listoflibraryacquisitions. applications forspecialleave;and Act1903Judiciary (Cth), and results of cases removed undersection 40ofthe High CourtBulletin,listingcasesreserved, the HighCou High Court;and brochure oncourtroom practice inthe in Canberra; and features oftheHighCourtBuilding history andoperationoftheHighCourt, brochure onthefunctions,powers, selected casesummaries; (Fees) Regulations; Schedule 2oftheHighCourtAustralia Scale ofProfessional Costs,pursuantto Court ofAustralia(Fees)Regulations; pursuant toSchedule1oftheHigh document orobtainingaservice, fees forfiling,issuingorsealinga High Courtdailysittinglists; High Courtbusinesslists; High Courtsittingcalendar; rt RegistryServiceCharter. Email: Fax: Telephone: Kingston ACT2604 PO Box6309 High CourtofAustralia Manager, PublicInformation following officer: information shouldbedirected tothe or othermattersrelating tofreedom of accesstodocuments Inquiries concerning the applicant. arrangements toreduce inconvenienceto consideration willbegiventoalternative point atwhichaccessisnormallyprovided, an applicantlivessomedistancefrom any Information oftheHighCourtAustralia.If Principal RegistrarandtheManager, Public under theActare theChiefExecutive& to grantordenyaccessdocuments consultation. Theonlyofficersauthorised be notifiedandgivenanopportunityfor diversion ofresources), applicantswill Act (insufficientinformationorunreasonable appearing insections15(2)or24(1)ofthe If arequest istoberefused ongrounds matters ofanadministrativenature. that Actunlessthedocumentrelates to is notavailabletoaCourtdocumentunder Information Actwhichprovides thataccess is affected bysection5of the Freedomof The availabilityofsomeCourtdocuments [email protected] (02) 62706868 (02) 62706998

Annual Report 2008-09 97

Part VIII Part VIII 98 • • • • arranged atthefollowinglocations: Inspection ofpublicdocumentsmaybe difficulties inphysicalaccess. with theaboveofficerstoovercome any If necessary, arrangementscanbemade Email: [email protected] Fax: (02)62706346 Telephone: (02)62706853 Marshal All othermatters- Email: [email protected] Fax: (02)62733025 Telephone: (02)62706862 Senior Registrar matters- Registry can beobtainedfrom the following officers: disabilities toobtainaccessdocuments the facilitiesavailabletoassistpeoplewith addresses shownbelow. Informationabout obtaining copiesare available atthe Facilities forexaminingdocumentsand Facilities forAccess High Court ofAustralia Brisbane QLD 4000 119 NorthQuay Courts Building Level 6,CommonwealthLaw Office oftheRegistry VIC3000 Melbourne Street 305 William Courts Building Level 17,CommonwealthLaw Office oftheHighCourtRegistry Sydney NSW2000 Queens Square Level 23,LawCourtsBuilding Office oftheHighCourtRegistry Parkes ACT2600 Parkes Place Registry oftheHighCourt • • • • Darwin NT0800 State Square Level 3,FederalCourtofAustralia Office oftheRegistry Hobart TAS 7000 Salamanca Place Supreme Court Office oftheRegistry Perth WA 6000 AvenueVictoria Courts Building Level 6,CommonwealthLaw Office oftheRegistry Adelaide SA5000 3 AngasStreet Courts Building Level 5,CommonwealthLaw Office oftheRegistry Staff distributionbybranch/section,asat30June2009 Staff Distribution and full-timenon-ongoingstaff, and24casualstaff. As at30June2009theHighCourthad52part-timeandfull-timeongoingstaff, 32part-time Administration CollectiveAgreement 2006-2009. Conditions ofemploymentforstaff belowtheSESlevelare containedintheHighCourt All HighCourtstaff are employedundertheHighCourtofAustraliaAct1979(Cth). staffing asat30June2009. This Annexure comprises two tableswhichprovide aprofile oftheCourtadministration’s Staffing Overview Part VIII–Annexure B Branch/Section CE&PR Chambers Services Corporate Library PI Registry Total Full-time Ongoing 10 36 4 9 5 1 7 Part-time 16 1 7 2 2 4 - Full-time Non-ongoing 14 27 1 2 4 1 5 Part-time

2 1 2 5 - - - Casual 12 24

3 9 - - - Annual Report 2008-09 2009 Total 108 24 23 12 16 27 6 Total 2008 106 27 36 11 30 2 - 99

Part VIII Part VIII 100 June 2009 Ongoing andnon-ongoingfull-timepart-timestaff byclassificationandgender, asat30 Staff Classification High Court ofAustralia Classification

CCRO EL1 EL2 HCO1 HCO2 HCO3 HCO4 HCO5 HCO6 Office Holder SES Total Grand Total 13 24 Full-time 3 4 2 2 F ------Ongoing 12 36 M 2 1 1 1 4 1 1 1 - - - Part-time 13 1 1 3 4 2 1 1 F - - - - 16 M 1 2 3 ------16 Full-time 4 1 8 1 2 F ------Non-ongoing 27 11 M 1 1 7 2 ------Part-time 2 1 2 5 F ------M 5 ------11 Casual 8 3 F ------24 13 M

1 3 9 ------11 11 15 69 8 6 5 4 3 4 2 F - 2009 Total 108 12 39 M 1 3 1 5 5 8 1 1 2 - 10 11 10 13 65 4 4 5 4 2 2 F - 2008 Total 106 12 41 M 1 3 7 3 2 9 1 1 2 - 4 High Court of Australia