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2012-13 Annual Report

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2012-13 Annual Report Supreme Court of Victoria 2012–13 ANNUAL REPORT Letter to the Governor October 2013 To His Excellency Alex Chernov AO QC, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia. Dear Governor, We, the judges of the Supreme Court of Victoria, have the honour of presenting our Annual Report pursuant to the Supreme Court Act 1986 with respect to the financial year of 1 July 2012 to 30 June 2013. Yours sincerely, Marilyn L Warren AC The Honourable Chief Justice Supreme Court of Victoria C Maxwell, P J H L Forrest, J P Buchanan, JA L Lasry, J G A A Nettle, JA J G Judd, J M A Neave, AO JA P N Vickery, J R F Redlich, JA E J Kyrou, J M Weinberg, JA D F R Beach, J P M Tate, JA J Davies, J R S Osborn, JA T M Forrest, J S P Whelan, JA K L Emerton, J P G Priest, JA C E Croft, J P A Coghlan, JA A Ferguson, J K M Williams, J M L Sifris, J S W Kaye, J P W Almond, J E J Hollingworth, J J R Dixon, J K H Bell, J C C Macaulay, J K W S Hargrave, J K McMillan, J B J King, J G H Garde, AO RFD J A L Cavanough, J G J Digby, J E H Curtain, J J D Elliott, J R M Robson, J T J Ginnane, J On the cover Elements of entries to the 2012 Chief Justice Prize for excellence in design feature on the cover. Read more about the Court’s collaboration with the Melbourne School of Design, Faculty of Architecture, Building and Planning, The University of Melbourne, on page 13. Published by the Supreme Court of Victoria Melbourne, Victoria, Australia October 2013 © Supreme Court of Victoria This report is protected by copyright. Apart from any use permitted under the Copyright Act 1968, all rights are reserved. ISSN 1839-6062 Authorised by the Supreme Court of Victoria This report is also published on the Court’s website - www.supremecourt.vic.gov.au Note: Data contained in this report may differ in relation to 2011-12 data due to ongoing audits of files and cases being reinitiated during the year. Supreme Court of Victoria 1 Contents Remarks of the Chief Justice 2 Remarks of the Chief Executive Officer 4 2012-13 at a Glance 5 The Court continued to demonstrate excellent performance against a number of important benchmarks. Significant Events 9 It has been a period of continuing reform and innovation in the Court. About the Court 14 The Court’s vision espouses the attributes that are at the heart of our important work. Our Year in Review: Court Delivery 2012-13 was a busy year once again for the Court of Appeal, Trial Division and Associate Judges area. The Court of Appeal 19 The Trial Division – Commercial and Equity 22 The Trial Division – Common Law 29 The Trial Division – Crime 35 Associate Judges 38 Our Year in Review: Support Delivery Five key areas provide high quality support services and functions. Funds in Court 43 Court of Appeal Registry 48 Principal Registry 51 Court Administration 56 Juries Commissioner’s Office 62 Financial Report 64 The Court’s strong financial management delivered a balanced budget with a modest surplus. Appendices Appendix 1: External Judicial Activity 68 Appendix 2: Contacts and Locations 76 Featured Case Studies Representing Justice: Space, Place and Presence 13 Court Supports the Modern Day e-Trial 25 Accommodating Victoria’s Largest Common Law Trial 32 Innovation in Managing Expert Testimony 41 New Listing Process Expedites Civil Appeals 50 Collaborating on Community Engagement 59 2 2012-13 Annual Report Remarks of the Chief Justice The Council of Judges is pleased to present its report for the 2012-2013 year. Progressing Cases Adult Parole Board Legal Aid It has been a period of continuing A significant demand on judge On a different note, the Supreme reform and innovation. A time and availability arises from Court, along with other courts, particular highlight has been the requirements of the Adult has been vexed by the limitations the dramatic reduction in Parole Board. The Supreme on the provision of adequate criminal appeal delays. The Court has a 60 year history of legal aid in criminal trials. reduction is possibly unmatched providing the Chair of the Board: It was regrettable that in late in comparable courts. It has Justices Barry, Starke, Vincent, 2012 Victoria Legal Aid (VLA) been achieved by the drive and Teague, Kellam and Whelan, changed funding guidelines application of the judges led and presently Justice Curtain. unilaterally without consultation. by the President of the Court Mostly, this commitment has VLA announced it would not of Appeal and the Honourable been unrecognised. The service fund the attendance at court of Justice Ashley. The judges in provided by judges has been instructing lawyers to support turn were superbly supported selfless and significant for barristers in criminal trials for by Judicial Registrar Pedley, the decades. On behalf of the Court more than two half days of trials. Court of Appeal Registry and the Council of Judges thanks all Justice Lasry adjourned the Court Administration. past chairs and acknowledges the Chaouk trial until an instructing recent service of Justices Whelan lawyer was provided on a day- I also mention the high level and Curtain. to-day basis. An application of activity in the Commercial for leave to appeal (out of time) Court and the Common Law We note the burdens of the role. was dismissed. The Court of Division. The Victorian Supreme The Chair is on call 24 hours per Appeal said: Court strives to be an excellent day, every day and carries the superior court. This goal is burden of Board business on top The power of the court to stay a particularly pursued through of a full judicial load. No time, criminal trial is the ineluctable the volume and nature of cases, leave or salary provision is made concomitant of the court’s duty especially class actions. Civil for this service. The functions to ensure that a criminal trial litigation is facilitated by a are administrative rather than is as fair as we can reasonably strong commitment to alternative judicial. Further, the decisions make it. There is of course a dispute resolution, especially of the Board – whether directly significant public interest in the mediation. The associate judges involving the Chair or not – independent performance of play an invaluable role in acting sometimes raise controversy. that duty by the court. When it as court mediators in appropriate Given the introduction of comes to legal representation, cases at no cost. the Corrections Amendment a decision to stay a trial (Parole Reform) Bill 2013 the reflects the court’s assessment The criminal jurisdiction also The Hon. Marilyn L Warren AC opportunity arises for the Court of what is necessary to ensure warrants special comment. The Chief Justice of Victoria to discontinue its involvement that justice is done. trial judges have dealt with a in the Board. The legislation high volume of matters made While matters settled down after has been altered to enable the up of criminal trials, mental the Court of Appeal decision, appointment of a retired judge impairment hearings, bails and many court days were lost. as Chair of the Board. The Court surveillance applications. welcomes the change in the The performance of the Court in appointment of a non-serving these areas is elaborated upon in judge as Chair of the Board. the divisional reports that follow. I strongly urge their reading. Supreme Court of Victoria 3 Law Library Supreme Court Administrative Aside from these problems, of Victoria Building Needs Staff the Court observes a trend The year also saw the launch Once again I mention the Finally on behalf of the judges in legal aid representation in of the Law Library of Victoria. Supreme Court building needs. I thank the Chief Executive Supreme Court trials. There It will be a consolidation of The State Government provided Officer David Ware and all was a time when senior counsel the libraries of all Victorian important funding for the mega Court and judicial staff for their almost always appeared for courts and, eventually, a trial courtroom in the William devotion and commitment to the defence. These days, with collaboration with the Victorian Cooper Justice Centre. It is serving the Supreme Court of VLA, it being the dominant Bar and the Law Institute of excellent and has given rise Victoria. Without their support provider, the appearance of Victoria. The ultimate goal is to much efficiency through the Court would not have senior counsel for the defence the provision of desktop access the application of technology. achieved the things described is less frequent than it ought for every Victorian judicial However, previous problems in this report. to be. Mostly, senior counsel officer and lawyer to a full, continue in other Supreme Court The Court also thanks the appear for the prosecution. The state-of-the-art legal library buildings: lack of secure facilities, Secretary and staff of the net effect is that sometimes the and resource. On completion inadequate arrangements for Department of Justice for their quality and standard of defence the Law Library of Victoria the public – especially safety, assistance through the year. representation is not suitable for will be a magnificent asset of outmoded courtroom layout and the Supreme Court. Judges are the State. To launch the project insufficient courtrooms. The left to manage the trial to avoid the Victorian Attorney-General mega trial courtroom has eased injustice to an accused person.
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