SUPREME COURT OF VICTORIA ANNUAL REPORT 2015–16 LETTER TO THE GOVERNOR

August 2017 To Her Excellency Linda Dessau AC, 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 provisions of the Supreme Court Act 1986 with respect to the financial year 1 July 2015 to 30 June 2016. Yours sincerely,

Marilyn L Warren AC The Honourable Chief Justice Supreme Court of Victoria

ABOUT THE COVER As part of the 175th anniversary celebrations, the Court was lit up in shades of red, gold and white from 12 April to 22 May 2016.

Published by the Supreme Court of Victoria Melbourne, Victoria, Australia August 2017 © Supreme Court of Victoria 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

ENQUIRIES Supreme Court of Victoria 210 William Street Melbourne VIC 3000 Tel: 03 9603 6111 Email: [email protected] CONTENTS

TABLE OF CONTENTS

2 CHIEF JUSTICE’S MESSAGE 20 WORK OF THE SUPREME COURT 21 Court of Appeal 24 Trial Division – Commercial Court 4 CHIEF EXECUTIVE OFFICER’S REPORT 31 Trial Division – Common Law 41 Trial Division – Criminal 5 AT A GLANCE 45 Further judicial work 6 About the Supreme Court of Victoria 7 The Work of the Court 49 SERVICE DELIVERY STRUCTURE 8 Court of Appeal 50 Court of Appeal Registry 9 Trial Division 51 Commercial Court Registry 10 Court Fees 53 Principal Registry 56 Court Administration 11 THE YEAR IN REVIEW 59 Discrete administrative functions 12 Anniversaries and recognition 59 Juries Commissioner’s Office 12 The Court celebrates 175 years 60 Law Library of Victoria 13 New judicial robes 61 Funds in Court 13 20th anniversary of the Court of Appeal 13 The inaugural Inspire Awards 64 APPENDICES 14 Embracing technology 65 Appendix 1: Financial report 14 A digital strategy to underpin access to justice 66 Appendix 2: Judges of the Supreme Court 2015-16 14 A new jury management system 68 Appendix 3: Judicial activity 15 Improving service delivery 80 Appendix 4: Contacts and locations 15 The Common Law Improvement Program 15 Support for jurors 16 Reforming urgent business before the Court 17 Engaging with the community 17 Commitment to Koori inclusion 18 Events for the community 19 Work experience and industry placements

ANNUAL REPORT 2015–16 1 CHIEF JUSTICE’S MESSAGE 2 2015-16The of Victoria. Court year Supreme for the successful another been year has CHIEF JUSTICE’S MESSAGE JUSTICE’S CHIEF SUPREME OF COURT VICTORIA consideration. under remain matters These stage. early an from Court the in cases manage to Court Supreme the enable would which 2009 (Vic) Act amendments to Procedure the Criminal consider to Government the urged has Court Supreme The months. six within usually trial, for fixed matter the have will Court the occurs, that Once Court. Supreme the in filed are matters before laid being charges from 12 to up of months delays sees Court Supreme The expedited. are proceedings that ensure to allocate to resources limited has Court Magistrates’ the seem would it workload, that of because However, workload. growing and enormous an has which Court, Magistrates’ the of critical not is Court Supreme The hearings. expedite would which management case Rather,abandoned. the sees Court the for opportunity or abolished be should hearings committal that Court Supreme the by contemplated not is It avoided. delays and saved been have would time much matter, particular the for management case and responsibility assumed had court, trial ultimate the as Court, Supreme the if believes Court To demonstrate the point, there are occasions where the matter. the over authority or power no has Court Supreme the filed, is indictment an or trial for committed be should individual an that determines amagistrate until, or Unless, Court. Supreme the in indictment the of filing the and person accused an of charging the of time the between seen delays ongoing the is Court the concerns that matter One Court. the for time judicial considerable saving also, and, themselves to stress and costs significant saving thereby appeal, or trial the of completion the to proceeding without disputes their resolve to them enables which litigants to service significant very a provides now Court The officers. judicial by provided mediation court-annexed particular in resolution, dispute alternative through provided litigants, to service its increase to continues Court the that note I also judges. the assist to expertise and speciality particular with Court the to appointed been have who registrars judicial of anumber from received assistance valuable the acknowledges Court the addition, In criminal. and civil appellate, and trial both matters of hearing the of expedition the and delays in reduction continued the been has note particular Of CHIEF JUSTICE’S MESSAGE ANNUAL 3 REPORT 2015–16 The Honourable Marilyn Warren AC Chief Justice of Victoria Most recently, the problems posed by the current legislation were borne out by voluntary mentionhearings before the Principal Judge of the Criminal Division in relation to the proceedings. Street Bourke The Supreme Court remains ready and able to provide assistance to the expedition of the administration of criminal justice, particularly through the reforms proposed. Supreme the that is observation remaining the Otherwise, Court continues to face the difficulty of operating across six sites in Melbourne’s CBD legal precinctand mostly within buildings that are not fit for the purpose of delivering modern justice. The Court has commenced a process collaboratively with Court Services Victoria to develop a masterplan, which it is anticipated will assist Government when the time comes for the commitment to constructing a new Supreme Court building. Finally, I acknowledge on behalf of the judges, the unfailing commitment, loyalty, devotion and hardwork of Ms Louise Anderson, Chief Executive Officer, and all the staff of the Supreme Court of Victoria. The judges and I feel extremely privileged to be supported and assisted by such extraordinary people. SUPREME COURT OF VICTORIA COURT OF SUPREME 2 CHIEF EXECUTIVE OFFICER’S REPORT The achievements and challenges outlined in this Annual Report highlight the Court’s commitment to continuous improvement, innovation in service delivery and the delivery of accessible justice.

In the reporting period, the Court initiated the first phase of

CHIEF EXECUTIVECHIEF REPORT OFFICER’S its digital strategy and created a mobile and independent technology network enabling judges and staff to work remotely, accessing court documents securely and at any time. This initiative, coupled with the extension of electronic filing and the development of an electronic court file was achieved on time and within budget. It is remarkable that, in this year and during a period of digital transformation, the Court’s staff have: • improved the practices of the Common Law Division, making case management more efficient • developed new, more targeted systems for dealing with urgent business both within the Commercial Court’s new Duty Judge system and the modified Practice Court • provided even better assistance to jurors after they complete jury service with the state-wide Juror Support Program introduced by the Juries Commissioner’s Office. This has been achieved thanks to the dedication and skill of all staff. Similar work has been done to keep the delicate heritage buildings that make up some of the Court’s six sites functioning and safe. This report shows not only what has been achieved during the past year, but also demonstrates a Court that is agile enough to respond to what we cannot yet imagine. I, along with all Court staff, look forward to providing exemplary support for the judiciary and the people who access the Court’s services in the year ahead.

Louise Anderson Chief Executive Officer

4 SUPREME COURT OF VICTORIA ABOUT THE SUPREME COURT OF VICTORIA

THE WORK OF THE COURT: AT A GLANCE ANNUAL 5 REPORT 2015–16 SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 44 THE WORK OF THE COURT: AT A GLANCE 6 • competence and of decision-making Independence • • Fairness and impartiality • Accessibility • law) the (before Equality • • Excellence following attributes: the through purpose and goal its achieve to aims Court The • • • • • ensure: to and law of rule the maintain and To safeguard Court. superior To outstanding an be correctly. applied was law if the and fairly conducted was atrial whether to determine appeals hears of Appeal Court Division. The Criminal the Division and Law Common Court, Commercial inthe heard are Proceedings inVictoria. cases civil Trial and The criminal serious most the among Division hears PURPOSE GOAL VALUES ABOUT THE SUPREME COURT OFVICTORIA COURT SUPREME THE ABOUT

SUPREME OF COURT VICTORIA of the applicable law and the facts of the case. the of facts the and law applicable the of understanding athorough on solely based decisions make to Court the in officer judicial every of ability The functions. its of performance the in fair and impartial be to appear to and be to aims Court The legislation. of interpretation or application the and decision-making in consistency as well as itself, conducts Court the which by standards the maintaining and Setting friendly and inclusive manner. user- accurate, an in delivered also but correct, technically only not are services and processes Court’s the that and quickly heard are cases ensuring process, legal the to entry gain to possible as straightforward as it Making guilty’. proven until ‘innocent of principle the of application the through cases criminal in including Court, the before those all to law the of protection equal and process due Guaranteeing choice. of forum resolution dispute the be to and system, legal Victorian the to leadership provide to Aiming work. Court’s the of all of performance the and decision-making in excellence for Striving integrity. personal and competence of standards highest the resources public of use Court’s the for accountability certain and timely transparent, are that processes fairness, impartiality and independence in decision-making justice to access equal • • • Timeliness and efficiency • • transparency and Integrity Court and judges, associate judges and judicial registrars. judicial and judges associate judges, and Court the of work the support functions registry and Administration Wangaratta, Warrnambool and Wodonga. Shepparton, Sale, Mildura, (Morwell), Valley Latrobe Horsham, across Victoria, including Ballarat, Bendigo, Geelong, Hamilton, regionally cases hear to circuit on travels regularly Court the however Melbourne, in heard are cases Court Supreme Most • • respect and Courtesy • change Innovation and • • clarity and Certainty judgments within a reasonable time. areasonable within judgments deliver to aiming denied, justice is delayed justice As manner. atimely in cases of dispose to and efficiently functions Court’s the of all perform to Striving skills. and resources appropriate with expectations managing and delay unreasonable avoiding arguments; and law, evidence, the weigh and present obtain, properly to required time the using Efficiently proceedings. its observe to wishes who anyone to open is and public in hearings its conducts Court The audit. for available are that records and procedures systems, good maintaining and dealings its in honest being actions, Court’s the for accountable being as well maker, as decision the and decision the process, the of propriety the on afocus Maintaining parties in civil proceedings. parties unsuccessful and crime of victims including Court, the with dealing persons towards sensitive be to and courtesy, and patience tolerance, with proceedings conduct to Aiming public. the of members or jurors solicitors, counsel, interpreters, crime, of victims witnesses, parties, as whether Court, the before coming persons all respect and courtesy with Treating well. community the and Court the serve to continue that traditions respecting time same the at while delivery, service to relation in expectations community and processes business technology, in changes to adapting and processes, court in innovation in aleader Being practitioners but also parties. legal by only not understand, to easy and clear be to intended is judgments in and Court in used language The clearly. decisions for reasons communicating and consistently law the applying processes, decision-making defined clearly Providing

THE WORK OF THE COURT: AT A GLANCE >24 months benchmark 5% <24 months benchmark 90% <12 months benchmark 75% Benchmark: 100% >12 months benchmark 20% 10% ANNUAL 7 REPORT 2015–16 113% >24 months 2015-16 2015-16 2015-16 37% 7% 14% 79% >24 months 10% 93% 2014-15 2014-15 <24 months 2014-15 23% E % 6% 13% 81% T OG % 10% 101% 2013-14 2013-14 2013-14 <12 months >12 months 25% 7% 13% 80% 0% 0% 5% 0% 90% 80% 70% 60% 50% 40% 30% 20% 10% 80% 60% 40% 20% 40% 35% 30% 25% 20% 15% 10% ONTIME CASE PROCESSING % CLEARANCE RA CASE BACKL 100% 120% 100% PERFORMANCE OUTCOME MEASURES

7,008 4,342 2015-16 2015-16 6,185 Cases finalised 7,189 4,175 2014-15 2014-15 7,778 TED AND FINALISED

7,326 4,409 2013-14 2013-14 Cases initiated 7,144

0 0 CASES PENDING CASES INITIA 5,000 4,000 3,000 2,000 1,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 THE WORK OF THE COURT: AT A GLANCE AT THE OF THE WORK COURT: INPUT AND OUTPUT MEASURES Disclaimer: Any discrepancies between figures reported in this section of the report, comparedto those presented in the previously published annual reports, are due the to further refinement of the Court’s statisticsafter their publication. to be felt in 2015-16 as the Courtto be felt showed in 2015-16 a spike in cases pending longer months than 12 (37 per cent). The Court’s finalisation of many of these informed cases during the high clearance 2015-16 It should outcome be noted (93 per cent) that the was 2014-15 attributable to the highest ever number of case initiations recorded by the Court - masking the Court’s true performance (5 per cent increase in the number of cases finalised throughout year). that The effect of the sizable increase continued in initiations in 2014-15 In 2015-16, the Court achieved a 113 per cent outcome for case for outcome per cent clearances the in both the Court achieved 113 a 2015-16, In trial and appellate divisions the of Court. This a substantial is increase on the previous per cent. and above the well is Court’s benchmark 100 of year, In 2015-16, the Court continuedIn 2015-16, to perform above and the 12 24 month benchmarks for its on-time processing of cases. rate. SUPREME COURT OF VICTORIA COURT OF SUPREME 6 THE WORK OF THE COURT: AT A GLANCE 8 21. page see Appeal of Court the about information further For within finalised (the processing of percentage cases on-time case and 24 months).and 12 pending), havebeen initiated), to finalised (the be backlog of length time that cases case cases of number the percentage as a of expressed in a period, given finalised of cases rate (the in relation to number clearance of Appeal Court inthe workload of the overview An COURT OF APPEAL OF COURT SUPREME OF COURT VICTORIA 100% 120% 150% CIVIL: CASEBACKL CIVIL: CLEARANCERA CIVIL: ONTIMECASEPROCESSING% 10% 15% 20% 25% 30% 35% 40% 10% 20% 30% 40% 50% 60% 70% 80% 90% 30% 60% 90% 0% 5% 0% 0% 58% 37% 5% 11% >12 months <12 months 2013-14 2013-14 2013-14 122% 5% 76% 18% 6% 13% 2014-15 <24 months 2014-15 2014-15 131% OG % 6% TE % >24 months 82% 14% 4% >12 monthsbenchmark20% 6% 2015-16 2015-16 2015-16 >24 months 81% 3% Benchmark: 100% <12 monthsbenchmark75% <24 monthsbenchmark90% benchmark 5% >24 months 120% 150% 100% CRIME: CASEBACKL CRIME: CLEARANCERA CRIME: ONTIMECASEPROCESSING% 10% 15% 20% 25% 30% 35% 40% 30% 60% 90% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0% 5% 0% 0% 82% 17% 1% >12 months <12 months 5% 2013-14 2013-14 2013-14 101% 0% 90% 10% 0% 7% 2014-15 <24 months 2014-15 2014-15 110% OG % 0% >24 months TE % 92% 8% 0% >12 monthsbenchmark20% 2% 2015-16 2015-16 2015-16 >24 months 104% 1% Benchmark: 100% <12 monthsbenchmark75% <24 monthsbenchmark90% benchmark 5% >24 months THE WORK OF THE COURT: AT A GLANCE

>24 months benchmark 5% <24 months benchmark 90% <12 months benchmark 75% Benchmark: 100% >12 months benchmark 20% 13% ANNUAL 9 REPORT 2015–16 110% >24 months 2015-16 2015-16 2015-16 36% 2% 19% 79% TE % >24 months 1% OG % 90% 2014-15 2014-15 <24 months 2014-15 25% 1% 15% 84% 7% 103% 2013-14 2013-14 2013-14 <12 months >12 months 28% 1% 15% 84% 0% 0% 5% 0% 90% 80% 70% 60% 50% 40% 30% 20% 10% 90% 60% 30% 40% 35% 30% 25% 20% 15% 10% CRIME: ONTIME CASE PROCESSING % CRIME: CLEARANCE RA CRIME: CASE BACKL 100% 150% 120% >24 months benchmark 5% <24 months benchmark 90% <12 months benchmark 75% Benchmark: 100% >12 months benchmark 20% 11% 114% >24 months 2015-16 2015-16 2015-16 39% 8% 14% 78% >24 months TE % 10% OG % 92% 2014-15 2014-15 <24 months 2014-15 23% 6% 13% 81% 11% 100% 2013-14 2013-14 2013-14 <12 months >12 months 26% 7% 13% 80% 0% 0% 5% 0% 90% 80% 70% 60% 50% 40% 30% 20% 10% 90% 60% 30% 40% 35% 30% 25% 20% 15% 10% CIVIL: ONTIME CASE PROCESSING % CIVIL: CLEARANCE RA CIVIL: CASE BACKL 100% 150% 120% TRIAL DIVISION TRIAL For further information about the work of the Commercial Court see page 24, the Common Law Division see page 31, and the Criminal Division see page 41. of casesof finalised given period, in a expressed of as a percentagethe numberof cases initiated), case cases that time length of backlog be (the finalised to beenhave and pending), on-time 12 24 months). andcase cases percentage of processing (the finalised within An overview civil clearance number and Divison of to in relation (the crime rate cases in the Trial SUPREME COURT OF VICTORIA COURT OF SUPREME 8 COURT FEES Fees levied by the Supreme, County and Magistrates’ Courts are centrally managed as consolidated revenue by Court Services Victoria.

Supreme Court fees collected in 2015-16 declined slightly compared with the previous year, where large filings occurred

THE WORK OF THE A GLANCE COURT: AT in cases such as Timbercorp. A portion of the consolidated revenue is allocated to the Court Innovation and Transformation Fund (previously, the ‘Court Fee Pool’). The Supreme Court, along with all jurisdictions, can apply to Court Services Victoria to access a portion of this fund for projects that seek to improve service delivery and access to justice. The Court continued to provide a significant contribution to the Court Innovation and Transformation Fund to the benefit of all jurisdictions, with approximately 30 per cent of revenue in the fund derived from Supreme Court fees.

CONTRIBUTION TO COURT INNOVATION AND TRANSFORMATION FUND $M $19.7m $18.7m 20 $16.6m 15

10 ($ millions) 5

0 2013-14 2014-15 2015-16

10 SUPREME COURT OF VICTORIA THE YEAR IN REVIEW

THE YEAR IN REVIEW ANNUAL 11 REPORT 2015–16 SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 1010 THE YEAR IN REVIEW 12 SUPREME OF COURT VICTORIA SUPREME OF COURT VICTORIA 175 YEARS 175 Royal Historical Society of Victoria. Victoria. of Society Historical Royal between the Supreme and Court the collaboration joint this in tales Court’s the tell who authors contributing the among are staff Court and judges Bar, Victorian the of members historians, scholars, accomplished Justice, Chief the by Commissioned 2016. 12 on event April acelebratory at 1841-2016 Victoria in Court Supreme the of history A social ‘ Court, the of 175th the anniversary celebrating publication landmark A special Bench the on place his took Willis Judge 1841. in judge Court Supreme resident first its as Willis Walpole John Judge of arrival the of 175th anniversary the marking history, Court’s the in month 2016 aspecial April was Sydney Bar, came south in 1845. in south Bar, came Sydney the of abarrister a’Beckett, William until Jeffcott, and Thierry Judges by succession quick in followed was he where colony the left Willis Judge 1843, in authority his about disputes Following will. Batman’s John of resolution the was Victoria in heard Willis Judge cases first the Among matters. criminal serious and matters equity cases, commercial hearing 1841.12 work to got April quickly He on Street King in located acottage in Court of Appeal in2015 of Appeal Court 2016. 175 inearly and inVictoria Court Supreme of years the of milestones the year; this celebrated significant Court The anniversary 20th the JUDGING FOR THE PEOPLE CELEBRATES CELEBRATES COURT THE ANNIVERSARIES AND RECOGNITION RECOGNITION AND ANNIVERSARIES Judging for the People: People: the for Judging ’, was launched ’, launched was

the rule of law and the state of Victoria. of state the and law of rule the to contribution 175-year Court’s the to tribute –afitting street the from seen also were library the behind building the on projected justice of Images white. and gold red, of shades in 2016), May (22 Week Law resplendent of end the until 12 from April night every up lit was Court Supreme The lights. of aswathe in building Court illuminate the magnificent Supreme and switch’ the ‘flick officially to QC, AM Beach Barry Honourable the and QC, KStJ ACCVO Gobbo James Sir judges Court Supreme former by joined was Justice Chief the launch, book the of conclusion At the Sir James Gobbo AC CVO KStJ QC (left), and the Honourable Barry Beach AM QC (right). QC AM Beach Barry Honourable the and (left), QC KStJ CVO AC Gobbo James Sir judges Court Supreme former with lights the on flicks Justice Chief The TO LIFE AFTER DARK AFTER LIFE TO COMES COURT THE

were among the items on display. display. on items the among were Kelly Ned of fate the records that book Court the and death to prisoner a sentencing when judges by worn R vDavidson of trial the in abortions of legality Menhennitt’s 1969 ruling on the ‘pink containing JusticeThe book’ 2016. 31on March exhibition the of launch the at history state’s the in milestone this about spoke Lemon Andrew Dr historian and author 2016.July Distinguished to April from Library Court Supreme the in display on was significance of items historical of exhibition An 175 EXHIBITION , the black execution cap cap execution black , the THE YEAR IN REVIEW . ANNUAL 13 REPORT 2015–16 THE INAUGURAL INSPIRE AWARDS The inaugural Funds in Court Inspire Awards were this year PricewaterhouseCoopers at held in Southbank April on 21 2016. theAt awards, the Chief Justice Achievement Best the presented in Law and Honours Law and was joined by the President of the Human Rights Commission, Professor Gillian Triggs, who Achievement Best the presented in Human Rights. awardsTwelve were presented across the fields of medicine, arts, architecture, research, policing and community journalism, engagement, disability advocacy, innovation and community volunteering. The awards are peer based and recognise a person who identifies with a disability, years is 18 of age or older, and is well respected in their field of work or interest in community. the Nominees were acknowledged not only for their professional contribution to their work but also for their outstanding leadership, role modelling and mentoring qualities. The awards were very well received and one of the afternoon’s highlights was presenting Master Senior the five beneficiaries the Funds in Court Individual Excellence and Awards Achievement The Chief Justice (right) with Inspire Award winners Peter Ward (left) and Dr Sherene Devanesen (middle), who accepted on behalf of Fiona Smith.

President, Queensland Court of Appeal, Justice Carmel McLure AC, President, Western Australia Court of Appeal, Justice Margaret Beazley President,AO, New South Wales Court of Appeal, and Justice Robert Redlich, Victorian Court of Appeal. The President of the Court of Appeal, Justice Chris Maxwell, chaired the occasion. NEW JUDICIAL ROBES In 2017, theSupreme CourtIn 2017, will introduce new judicial robes to be worn by judges in substitution forthe historic red and black judicial robes. The new robes retain red features as a tribute to the Supreme Court colour. They are also styled to draw, in part, on the judicial robes of the Supreme Court of Ireland, a tribute to the Irish heritage of the Supreme Court of Victoria. OF APPEALOF The Court of Appeal celebrated its 20th anniversary in August 2015, hosting a seminar in Banco that was attended by about people, 130 and officers judicial including members of the profession. The event was run in conjunction Victoria of College Judicial the with and papers were presented by Justice Margaret McMurdo AC, 20TH ANNIVERSARY OF THE COURT Justice Ferguson (left) and Justice Croft (right) in the new judicial robes. SUPREME COURT OF VICTORIA COURT OF SUPREME 12 SUPREME COURT OF VICTORIA COURT OF SUPREME 1212 THE YEAR IN REVIEW 14 SUPREME OF COURT VICTORIA a robust and reliable technology environment. technology reliable and a robust delivered initiative This sits. regularly Court the where courts 12 the of regional any at circuit on when including environment, cloud asecure via time any at and location any from documents, related including files, court access to able now are judges as considerable been have this of benefits productivity The network. IT secure and independent an to staff support and officers judicial all migrated and established team her and Manager the Committee, Steering Strategy Digital Court’s the with working and created was Manager Strategy Digital of position inaugural The budget. within so did and strategy its of implementation the with progress considerable made Court the period reporting the During • • • • to endeavour Court’s to to is improve central justice. the access technology Enhanced • • • include: strategy digital the of Key components justice. to access improve and efficiency, and effectiveness increase sustainability, financial support will services electronic key of anumber in investment targeted that assumption well-founded the on built strategy, adigital endorsed 2015 late Court In the ACCESS TO JUSTICE TO ACCESS UNDERPIN TO A DIGITAL STRATEGY EMBRACING TECHNOLOGY EMBRACING

documents. to access and searching online represented litigants, including self- assist to technologies evidence presentation systems) and transcript video, (audio, technologies trial electronic network independent an to specificneeds tailored users, all for portal web end’ ‘front intuitive integrated, an term) longer the for reviewed be to and CourtView, term short the (in system with the Court’s case management the integration of these systems for criminal matters for criminal solution management document and facility lodgement electronic an of implementation the the Commercial Court) in initiative current the beyond (extending wide court matters civil for solution management adocument and facility lodgement electronic an of implementation and development the

• • • • • • • include: deliver will strategy this that benefits The

settlements and trial length. timing of rates, settlement resources, court on reforms procedural and management case of impact the of assessment the enabling reporting, and integrity data to improvements entry data manual undertake to staff court for need the avoiding by entry data of elimination ofthe duplication management processes case of automation significant the attendances court physical replace to hearings virtual of use the appropriate, where Court the and users between information and documentation of delivery and receipt time real the electronically paid be to fees court and filed be to documents of enabling the aweek days seven a day, hours 24 accessed services many and uploaded be to documents for capacity the

when they are required to attend. to required are they when of summons received have who those remind to and applications, their of outcome the of citizens inform to used also now are notification SMS and Email notifications. SMS for up sign and cheques) of instead payment EFT for details bank update their details (including excused, be to or deferrals for apply forms, eligibility complete to online go now can Jurors expectations. 21st meet Century that services digital –providing portal juror online an with integrated fully interface staff intuitive, yet asophisticated, delivered design to approach experience user This design. JMS the of functionality and feel look, the informed jurors and staff JCO with Consultations (JMS). System Management Jury new its launched (JCO) Office Commissioner’s 2016, Juries the January In SYSTEM MANAGEMENT JURY A NEW THE YEAR IN REVIEW

ANNUAL 15 REPORT 2015–16 Reforms already implemented as part of CLIP have lightened the pre-trial case management load them leaving officers, judicial on more time for the core tasks of hearing and determining matters. Issues in dispute are also being better defined and, in some cases, reduced, with a consequent reduction in hearing time and cost to parties and the Court.

registrars with experienced experienced with registrars legal practitioners acting as case managers to assist and streamline processes. Its aim is to achieve less delay, earlier resolution of matters, fewer trial adjournments, better prepared cases reaching trial and an overall reduction in costs to the parties and the Court. In other reform measures, cases in lists which do not have a dedicated associate judge are now docketed to the associate judge before whom they were first listed for an interlocutory application initial or directions. This is expected to ensure greater familiarity with the case and consequent a saving in time. hearing and preparation both

THE COMMON LAW IMPROVEMENT PROGRAM time now the Court has been aligning its caseloadagainst specialised lists or practice areas. During the financial a team year, of judges, lawyers and court administrators focused on the Common Law Division and worked The Supreme Court of Victoria is committed to continuously improving its practices and delivering efficiencies in the case management of its lists. For some to implement the Common Law Improvement Program (CLIP). The primary task of the CLIP team has been the design of a new case management model for the large Personal Injuries and Dust Diseases Lists. The model focuses on the appropriate allocation of judges, amongst functions judicial associate judges and judicial IMPROVING SERVICE DELIVERY SUPPORT FOR JURORS After completing jury service, most people leave with a sense of achievement, feeling they have performed a worthwhile community service. some However, people don’t feel this way and find it difficult to put their experience behind them in a positive manner. For those people, the Juries Commissioner’s Office (JCO) introduced a state-wide Juror Support Program that offers people who have served on a jury the opportunity to speak with professional counsellors at no cost to them, in person, by telephone or via video connection (for example, via Skype). Coupled with this initiative, the JCO sponsored a pilot program – Vicarious Trauma and Wellbeing Training – for its staff in the Supreme and County Courts. The pilotsession was overwhelmingly successful and will form part of the mandatory training for JCO staff, with annual refreshers. and delivered efficiencies the the for profession, community and the Court. New initiatives launched throughout 2015-16 improved service improved delivery launched initiatives New throughout 2015-16 SUPREME COURT OF VICTORIA COURT OF SUPREME 14 THE YEAR IN REVIEW 16 SUPREME OF COURT VICTORIA Court duty judge system. judge duty Court aCommercial of implementation the and Registry Court Commercial the by directly were addressed applications for urgentArrangements commercial Division. Law Common the in brought proceedings in applications other certain and urgent genuinely hearing only began and reformed was Court Practice the year the During matters. commercial and law common both in applications urgent of management the for procedures streamlined and centralised now are There heard. are matters urgent how to changes significant 2015-16,In made Court the The number of common law matters heard in the Practice Court declined dramatically after the implementation of the reforms. the of implementation the after dramatically declined Court Practice the in heard matters law common of number The REFORMING URGENT BUSINESS BEFORE THE COURT COURT THE BEFORE BUSINESS URGENT REFORMING

month period from the commencement four the In uptake. the by evidenced as profession the by received well been also has system judge duty The Court. Practice the in time sitting less significantly spending report who judges by provided evidence anecdotal with accords numbers in drop The reduction. cent per – a35 quarter per matters 40 to declined this reforms the of commencement the Since quarter. each Court Practice the in heard were matters Division Law 62 Common of average an reforms, the to up leading year calendar the In aresult. as dramatically reduced Court Practice the in heard matters Division Law Common on Figures

in the same time frame. time same the in heard being matters commercial of number the double approximately in resulted has system judge duty the that suggest figures These applications. commercial urgent 80 heard had Court Practice the in sitting judges Court Commercial reforms the to prior months eight the in comparison, In week. per matters four average on listing applications, urgent 84 triaged Registry Court 2016, Commercial June of the end the to system judge duty new the of THE YEAR IN REVIEW

ANNUAL 17 REPORT 2015–16 Cultural Awareness Committee (JOACAC), a number of cultural awareness training sessions for judicial officers were developed and held over the course of the year. understanding on sessions Education kinship, reconciliation and recognition, the economic and cultural relationships between claims under the Native Title Act and agreements under the Act, Owners Settlement Traditional and a Back to Country weekend visit to the Gurnai Kurnai Land (Gippsland all highlights. were region) Cultural awareness training was also provided to staff by the Court.

unveiled in the Supreme Court Library. William Barak was a Wurundjeri Chief and renowned Aboriginal artist. A Cleansing Ceremony was performed at an intimate gathering attended by the Chief Justice, Justice and Kaye direct descendants of William Barak – Aunty Pat Ockwell, Aunty Alice Kolasa and Jesse Gardiner. The portrait holds pride of place among the Court’s past and present Chief Justices in the library, informing visitors about this remarkable Australian. Under Justice Kaye’s leadership as Aboriginal Officers’ Judicial the of Chair

ENGAGING WITHENGAGING THE COMMUNITY COMMITMENT INCLUSION TO KOORI The Court Services Victoria Koori Inclusion Action Plan (KIAP) is an jurisdictions, all for milestone important outlining the Court’s commitment into inclusion meaningful Koori to everyday work practices. Supreme the year, the of course the Over Court developed and implemented a range of activities within the KIAP, including specific programs, actions and commitments celebrating to culturally significant events. In December the Court’s 2015, theatrette was officially renamed the William Barak room and a portrait of William Barak was William Barak’s portrait unveiling; (L to R) Jesse Gardiner, retired CourtAunty of Appeal Alice Kolasa judge, the and Honourable Justice Kaye. Geoffrey Eames, Aunty Pat Ockwell, A range events and programs ran that throughout the strengthened year community ties. SUPREME COURT OF VICTORIA COURT OF SUPREME 16 THE YEAR IN REVIEW 18 Day. Open Courts at session Personal’ and Close ‘Up special at a students VCE address speakers of panel a and (left) Riordan and Elliott Justices view. to public the for library the 4and courtroom Court, Banco the opened and day, the throughout tours free ran Court The program. House Open the in buildings popular more the of one it 2015, 26 July making Sunday, on Melbourne House Open during Court Supreme the 1,900 visited Almost people service. jury about session information busting myth- apopular hosted also Commissioner Juries Acting The students. VCE for event Personal’ and Close ‘Up aspecial in house afull addressed Bar Victorian the from speakers of panel a and Riordan, Justice Elliott, Justice while courtroom, Banco the in trial mock a staged staff Court and Dixon Jane Justice Court. the at tours scenes the behind and events law-related in participating Victorians 700 approximately with well-attended was Court Supreme The 21 2016. May Day, Saturday, Open Courts on trials mock and exhibitions tours, events, free of aseries with public the welcomed and doors their opened Melbourne in tribunals and courts Week, Law of part As COMMUNITY OPEN DAYS OPEN COMMUNITY EVENTS FOR THE COMMUNITY THE FOR EVENTS SUPREME OF COURT VICTORIA

• • • • • • throughout the year, including: Court the visited delegations international of A number 160 people. than more by attended were which 2015-16 13 ran tours, Throughout Court the history. its and Court the about learn and building heritage-listed magnificent Court’s the explore to achance visitors allow and December), (excluding month every of Friday last the on 2014, place take in launched originally tours, Heritage and History Court’s The INTERNATIONAL DELEGATIONS TOURS HERITAGE AND HISTORY

Japanese judicial officers from the Takamatsu District Court. District the Takamatsu from officers judicial Japanese Sudanese refugee senior students secondary of Hong Kong Hong of University City the from students exchange international School Law Melbourne of University The from students Doctor Juris by accompanied School, Law Chuo from students law Japanese Judicial delegations from China Japanese postgraduate exchange students exchange postgraduate Japanese THE YEAR IN REVIEW

ANNUAL 19 REPORT 2015–16 WORK EXPERIENCE AND INDUSTRY PLACEMENTS The Supreme Court coordinated a number of work experience and industry placement programs throughout the aimed year, at providing an interactive, hands-on experience for both secondary and university students interested in pursuing a courts. the within career The Monash Externship Program placed four Monash law students in chambers one day a week, weeks. for 12 Students assisted judges and staff with legal research, prepared case summaries and observed legal and administrative duties. The RMIT University program saw seven students studying Criminal Justice Administration placed in the Principal Registry. The students performed a range of administrative duties that provided them with a practical and detailed understanding of the Court’s administrative processes. On two occasions, the Court of Appeal hosted large groups of students from Victoria University and RMIT University on a four-day observation internship. The students observed a range of matters in the Court of Appeal, which included the opportunity to meet with presiding judges before and after matters wereheard. They also attended a question and answer session with Court staff, and participated in tours of the Court including prisoners’ cells, registry offices and the Law Library of Victoria. While sitting on circuit in Geelong 30 students in June 2016, from Deakin University were invited to observe Court of Appeal matters, with the opportunity to speak with judicial officers. The Indigenous Clerks program, coordinated by the Court and the Victorian resulted Bar, in three Indigenous law students spending a week at the Supreme Court in February 2016. This is the ninth year the Court has participated in the program. Students sat in on hearings and were provided with access to relevant court materials to provide meaningful context to the cases being viewed. Students were also given opportunities on centering discussions with judges, with one-on-one talk to the role of a judge and what a career in the law could offer. students 10 Year Twelve were given the opportunity to broaden their experience and understanding of career paths by participating in the Court’s secondary school work experience program. The program introduced the students to current workplace practices and provided them with a broad appreciation of the functions of the Supreme Court over a five day period.

monthly admission ceremonies admission monthly Bar Readers’ events book launches musical recitals and performances competitionsmooting celebrations anniversary legal conferences, workshops and seminars Law Week events.

EDUCATION PROGRAMEDUCATION EVENTS HOSTED THE COURT AT PUBLIC EXHIBITIONS Throughout 2015-16, VCE LegalThroughout Studies students 2015-16, schools from 274 around Victoria visited the Court to participate in the Court’s Education Program. As part of the program, students learn about the inner workings of the Court, which includes observing criminal and civil trials, participating in role plays and finding out all about Office. Commissioner’s Juries the • • • • • • • Throughout the reporting period the Court hosted a number community, the and profession legal the benefitting events, of including: • The Court runs many ongoing exhibition programs in the Supreme Court Library and various other public spaces in the Supreme Court precinct. A highlight period during was an exhibition the 2015-16 about Sir William Stawell’s bicentennial, which was well attended by members of the profession and the public. Memorial Board panels, funded via a small grant received from the State Government’s ANZAC centenary committee, were also developed and displayed at the Court as part of the ANZAC centenary. Following ANZAC the Day, panels were put on display in the Sale and Morwell courthouses in November and respectively. April2015 2016 Justice Jane Dixon presides over a mock trial in Stand! ‘All A judge’s guide to a Supreme Court trial’ at Courts Open Day. SUPREME COURT OF VICTORIA COURT OF SUPREME 18 WORK OF THE SUPREME COURT 20 SUPREME OF COURT VICTORIA WORK OF THE SUPREME COURT WORK OF THE SUPREME COURT

5.9 5.6 5.6 8.4 -1% -7% 18% 10% 42%

-15% -10% -27% -20% 2015-16 2015-16 Variance Variance Variance -3 26 32 22 9.1 7.9 5.0 6.0 -10 -51 -29 -99 -48 ANNUAL 21 REPORT 2015–16 2014-15 2014-15 Difference Difference Difference 171 139 137 109 263 253 424 246 402 2015-16 2015-16 2015-16 77 311 147 190 145 501 224 282 427 2014-15 2014-15 2014-15 he Court has continued the success of the Ashley-Venne Reforms by maintaining In list 30 June Finalisations Initiations Initiations Finalisations Initiations In list 30 June Civil appeals Civil Appeals against conviction Appeals against Finalisations Pending Appeals against sentence Appeals against Time to finalisation (all (all finalisationcriminal)Time to CIVIL APPEALS CIVIL CRIMINAL APPEALS CRIMINAL Median time finalisation to in months Median time finalisation to in months Total applicationsTotal for leave appeal to and appeals (civil and criminal) The Civil Appeals reforms continue to have a positive impact upon the time taken to finalise civil appeals, with matters resolved in a median timeframe of This decrease months down in from in 2014-15. the months 7.9 5.9 in 2015-16, median time to finalisation must also be understood within the context of an per cent18 increase in initiations. Civil applications for leave appeal to and appeals T a low number of pending criminal appeals. A slight per decrease cent) in the (-10 number of new appeals has impacted initiated the in 2015-16 number of matters per cent).finalised While (-15 the medianwhen compared time to finalise to 2014-15 appeals against sentence has risen to months 5.6 from in months 5.0 in 2014-15 this is predominantly2015-16, due to an increased focus on listing civil appeals following the implementation of civil reforms and greater emphasis given to appeals. conviction As a consequence of this adjustment in focus, the median time to finalise appeals against conviction to 8.4 months has reduced months in 2015-16. in from 2014-15 9.1 Criminal applications for leave appeal to and appeals (until 3 March 2016)

Reserve judges: Reserve judges: AshleyJustice Justice Hansen Bongiorno Justice Coghlan Justice Redlich Justice The reserve judges sat a total of 63 days and were involved in the delivery of 83 judgments total, In applications). (including reserve judges sat per for 31 cent of the Court of Appeal’s total sitting days and were involved per centin 13 of the judgments handed down. Chief Justice Warren The President: Justice Maxwell Judges: Redlich Justice Justice Weinberg Justice Tate Osborn Justice Justice Whelan Justice Priest Justice Santamaria Justice Beach Justice Kyrou Ferguson Justice Justice Kaye Justice McLeish Chief Justice: WORK OF THEWORK SUPREMECOURT COURT OF APPEAL Disclaimer: Any discrepancies between figures reported in this section of the report, compared those to presented in the previously published annual reports, are due the to further refinement of the Court’s statistics after their publication. to 246 cases. The Court Appeal of hears appeals against criminal and civil decisions made in the of Supreme Division Court andthe County Trial Court jurisdictions, as as well some originally heard matters by the Victorian Civil and Administrative Tribunal (VCAT). The Court Appeal of appeals received 424 applications or to leave for The number pending total of appeals per cent increased by 10 appeal in 2015-16. SUPREME COURT OF VICTORIA COURT OF SUPREME 20 WORK OF THE SUPREME COURT 22 sitting. was Court the which in regions the from arising mainly circuits, these during heard were appeals and applications 2016). (20-21 June 2016) Criminal Geelong (4-5 April and Ballarat 2015-16 in in circuits two sitting undertook Appeal of Court The CIRCUIT SITTINGS CIRCUIT SUPREME OF COURT VICTORIA from that practice. to depart are reluctant courts sentencing that established so become has practice sentencing inadequate where courts sentencing to guidance provide to Court the for necessary be [2011] Queen vThe will it Ashdown 408, per as VSCA that, said also Court The victims. for consequences the and involved negligence of degree the offences, the of gravity objective and that those sentences were not commensurate with the viewed been had offences such which with seriousness the reflect not did practice sentencing past view, Court’s the In corresponding increase in the sentences actually imposed. a to lead to intended was penalty maximum the in increase the that said Court The 2008. in 10 imprisonment to years’ penalty maximum the in increase parliament’s reflected not had offence this of instances serious for sentences that found Court The injury. serious causes driving negligent grossly where in were cases required sentences higher that said which practice sentencing past examined Court The [2015] vThe 349 Queen VSCA &Rigogiannis Harrison deterrence. general for avehicle be to unsuitable him rendered sentence or offence the of time general deterrence on the grounds that the condition at the of moderation some require not did disorder respondent’s the Consequently, offending. his of gravity and nature the understand to capacity respondent’s the diminishing in role relevant any play not did disorder the that found Court The impaired mental functioning. settled that the Verdins well is it ofassessment culpability, the respondent’s moral synthesis and thatsentencing itthe informed to relevant was matrix personality complex and disorder personality disorders. The said Court that, although the respondent’s personality to applied be cannot they that concluded and 16 RvVoR vVerdins; 269 RvBuckley; VR (2007) ( in stated principles the of scope the considered Court The [2015]DPP vO’Neill 325 VSCA SIGNIFICANT CASES CASES SIGNIFICANT principles are confined to cases of cases to confined are principles Verdins )

within the range of sentences for common law murder. law common for sentences of range the within encompassed be should – offence the of instances serious most the to serious least the –from murder statutory for sentences of range the Therefore, act. the of result intended the is death the where case the to violence of act the of result accidental an is death the where case the from conduct of arange covers murder statutory that said Court The thebecause offender’s intent is relevant to sentencing. admissible is intent of evidence conviction, for intent prove to obligation the of relieved is prosecution the although that said Court The murder. law common for than imposed be should sentences lower markedly aresult, as that, and unintentional as treated be must murder statutory that been had view erroneous) (but accepted the that said Court The life imprisonment. of penalty maximum same the carry offences two The injury. serious cause or kill to intention an was there not or whether murder statutory of guilty be may offender an murder, law common Unlike violence. of acrime committing of course the in done act aviolent by another of death the causes 1958 Act Crimes the of 3A (s murder Statutory murder. of form law common the than serious less inherently not is it that fact the reflect to change to needed murder’ of ‘statutory offence the for practice sentencing that said [2016] Queen 152.v The Court VSCA The Perry DPP of vPerry; focus the also was practice Sentencing [2016] vThe Queen 152 Perry VSCA DPP vPerry; relevant facts and circumstances must be taken into account. into taken be must circumstances and facts relevant the all drain, apublic was drain aparticular whether determining in that, and sense ordinary its in drain’ ‘public phrase the used legislation the that said Court The Partnership. Power Hazelwood the by managed be to continue should and drain apublic not was Drain Main Morwell the that held Appeal of Court The drains. municipal from flowed Drain Main Morwell the through passed that water the of proportion a large because drain apublic was Drain Main Morwell the that argued Partnership Power Hazelwood council. municipal local the of management the under are and in vested are drains 1989 Act 198 Government Local the of section Under privatised. was mine Hazelwood 1994 in the when Partnership Power Hazelwood the to transferred was Drain Main Morwell the mine, cut open Hazelwood the of part as Victoria of Commission 1949 in Electricity State the by constructed Originally Drain. Main Morwell the surrounding adispute involved case This [2016] 129 VSCA Council City vLatrobe Power Partnership Hazelwood Geelong Law Society. Society. Law Geelong the and profession the of members local with met also Appeal of Court The sitting. of day second the view and Court the of work the discuss to judges the with meet to Students University Deakin invited Appeal of Court the Geelong, in While ) is committed when a person aperson when committed ) is , public , public

WORK OF THE SUPREME COURT

ANNUAL 23 REPORT 2015–16 protects freedom of religion such also required the Tribunal to consider Two of theTwo group objectors in the Tribunal applied for leave to appeal to the Court of Appeal. They argued that the Tribunal and Planning the and misconstrued Environment Act 1987 the on was onus the that found wrongly Tribunal the that objectors to produce evidence supporting their assertions that a mosque in Bendigo would have negative social effects. The Court of Appeal held that the Act requires a responsible authority (the Council or the Tribunal) to consider any significant social effects that the responsible authority considers the use or development may have. The Court of Appeal held that the Charter of Human Rights and Responsibilities Act 2006 that the mere practice of religious worship cannot itself be considered an adverse ‘social effect’: at [28]. It is only if religious practices result in significant social effects that such practices might be relevant to town planning decisions: at [28]. The Charter human rights when making a decision as to whether to grant the permit. The Court of Appeal held that the human rights of the proposed users of the mosque were relevant to the making of the decision: at [39]. The applicants argued that the Tribunal’s decision was vitiated because a Council officer misquoted a part of the Act in a report to the Council. It was also submitted that the Tribunal was required to ensure an independent social impact assessmentwas obtained. The Court of Appeal found that the Tribunal was correct to say that the Act does not require the relevant decision-maker to obtain an independent social impact assessment in all cases: at [77]. The Court also held that, when read as a whole, the reasons of the Tribunal demonstrated that it had not misconstrued the Act, even if the Council had done so: at [101]. The applicants argued that the Tribunal wrongly held that it was not obliged to consider possible significant adverse social effects of the proposed mosque in the absence of evidence of such effects. The Court of Appeal found that the Tribunal did not make such a finding: and[143]. [124] at and fears objectors’ the considered Tribunal the Rather, concerns but was not persuaded that they were of substance evidence. of absence the in of absence the in that, further applicants argued The satisfactoryevidence, the issue should be sent back to the Council to obtain further evidence and for further allegations. objectors’ the of merits the of consideration The Court of Appeal rejected this, finding that it was open to the Tribunal, basedconsider to on the it, material before that the objectors’ concerns were overstated and unfounded: In theat [133]–[135]. absence of any objective, concrete evidence substantiating the adverse social effects the objectors submitted the mosque could have, the Tribunal acted according to law in giving the objectors’ concerns little weight: at [139]. The Court of Appeal refused to grant leave to the objectors to appeal. Therefore, the decision of the Tribunal to grant the planning permit stands.

). Hulls , the flow of water was confirms the requirement stated test and the latter the ‘real prospect of success test. Section then 14D sets out how the application Hoskin v Greater Bendigo VSCA City 350 Council [2015] The Court of Appeal refused an application for leave to appeal againsta decision of the Victorian Civil and Administrative Tribunal to grant a permit for the development and use of a mosque and associated facilities at 9 Rowena Street, Bendigo. East The Australian Islamic Mission applied to the Greater Bendigo City Council for the planning permit in November 2013. The Council received 254 objections, including from the applicants in this proceeding. In the June Council 2014, decided to grant the permit on conditions. In July 2014, a subset of the objectors applied to the Tribunal for a merits there would be a net community benefit in doing so. review of the Council’s decision. The Tribunal determined to considered because it conditions, agreed on permit, the grant [2016] VSCA 60 Metricon Homes [2016] v Softley The Court examined the applicable test for leave to appeal to the Court of Appeal from the Victorian Civil and Administrative Tribunal (VCAT) in this case. The insertion of into introduced thess – 14D 14A Supreme Court Act a 1986 newregime governing civil appeals to the Court of Appeal. Prior to the introduction of the new regime, the test for leave to appeal to the Court of Appeal under of the s 148 Victorian (VCATCivil and Act) Administrative was Tribunal Act the 1998 test set out in Secretary the to Department of Premier and Cabinet ( 3 VR 331 v Hulls [1999] The Hazelwood Power Partnership put forward an alternative argument that the flow of water onto its land was unreasonable. The Court held that, taking into account all the relevant factors referred to the Act Water 1989 reasonable, and that the Hazelwood Power Partnership would not be entitled to prevent Latrobe City Council from discharging into the Morwell Main Drain. appeals from to the VCAT Division Trial will be subject to a different test for leave to appeal compared to appeals from to theVCAT Court of Appeal. The former will be governed by theHulls test’. The Court suggested that this anomaly will need to be rectifiedlegislative by amendment. For appeals from to the VCAT Court of Appeal, s 148(1) of the Act VCAT is the provision that provides a (limited) right to a civil appeal to the Court of Appeal. Section 148(1) restricts that right to appeal to questions of law and imposes a requirement to obtain leave to appeal. Section of 14A Supreme Courtthe Act that thein leave s 148(1) of the Court of Appeal must be obtained. Section provides for 14B(1) the time period in which the application for leave to appeal must be made. It displaces ss and 148(2) (5) for the purposes of appeals from to the VCAT Court of Appeal. Section provides 14C that the test for leave to appeal is the ‘real prospect of success’ test. This statutory test obviates the need to resort to the Hulls or leave to appeal may be determined. The Court acknowledged that this creates a situation where SUPREME COURT OF VICTORIA COURT OF SUPREME 22 TRIAL DIVISION – COMMERCIAL COURT The objective of the Commercial Court is to determine commercial disputes in a just, efficient and timely manner. The Commercial Court comprises a number of general commercial and specialists lists. Cases are allocated to judges with specialist expertise in commercial disputes. WORK OF THE SUPREME COURT

The specialist lists comprise of: • the Corporations List Principal judge: • the Arbitration List Justice Hargrave • the Taxation List Deputy principal judge: • the Admiralty List; Justice Judd • the Intellectual Property List Judges: • the Technology, Engineering and Construction List. Justice Robson The Commercial Court is also supported by a judicial registrar, who oversees Justice Vickery the operations of the Commercial Court Registry and provides operational, Justice Croft listings and judicial support to the Commercial Court judges. Justice Sifris Justice Almond CASELOAD Justice Digby During 2015-16, the total number of initiations in the Commercial Court decreased Justice Elliott in comparison to 2014-15. There were 3,220 cases initiated as compared to Justice Sloss 4,527 for the previous year (a decrease of approximately 29 per cent). This decrease can largely be explained by reason the unprecedented spike in filings which Justice Cameron occurred between September and November 2014 in respect of Timbercorp Reserve judge: debt recovery matters. Current initiations now reflect more historical trends. Justice Dodds-Streeton While finalisations across the entire Commercial Court have remained relatively static (decreasing by 1 per cent), finalisations in the Commercial Court general Associate judges: and specialist lists have increased by 9 per cent. Associate Justice Efthim Associate Justice Daly Commercial Court – all cases Associate Justice Gardiner 2014-15 2015-16 Difference Variance Associate Justice Mukhtar Initiations 4,527 3,220 -1307 -29% Associate Justice Randall Finalised 3,857 3,801 -56 -1% Associate Justice Derham In list 30 June 2,625 2,044 -581 -22% Judicial registrar: Commercial Court general commercial and specialist lists – all cases Judicial Registrar Hetyey 2014-15 2015-16 Difference Variance Initiations 2,438 1,736 -702 -29% Finalised 1,936 2,101 165 9% In list 30 June 1,365 1,000 -365 -27%

Commercial Court judge-managed cases There has been a decrease in the number of matters under active judge-management – from approximately 460 as at 30 June 2015 to approximately 381 by the end of June 2016. However, a consequential benefit has been an increase in finalisations of judge-managed matters of 48 per cent to end June 2016. In turn, this has increased clearance rates across the entire Commercial Court to 118 per cent.

Disclaimer: Any discrepancies between figures reported in this section of the report, compared to those presented in the previously published annual reports, are due to the further refinement of the Court’s statistics after their publication.

24 SUPREME COURT OF VICTORIA WORK OF THE SUPREME COURT

ANNUAL 25 REPORT 2015–16 (associate judge) 3,109 (associate judge) 3,983 company winding-up applications (s 459P) and applications to set aside statutory demands (s 459 G) other applicationsother corporations involving Oppression Hearing List conduct liquidators’ examinations on an ongoing basis. Hearings listed listed Hearings 2014-15 2015-16

Significant changes that occurred since the previous reporting period impacted on the business of theCorporations List jurisdiction. judges’ associate the within The transition of winding-up applications by the Deputy Commissioner of Taxation back to the Federal Court saw a steady drop in numbers in the CorporationsList and resulted in a reduction in listing days. The ‘Tuesday’ list was abolished to allow judges to dedicate more time to otheractivities such as trials, special fixtures and mediations. Another change in the corporations listings affected the ‘Friday’ list, resulting in approximately 80 per cent of the list comprising referrals from Corporations List judges rather than work in the associate judges’ jurisdiction. include: matters These • • of moving the hearings into a dedicated courtroom before Associate Justices Gardiner and Randall, in tandem, has proven beneficial to all concerned and is reflected in the statistics. Since the Oppression List’s formal establishment, a total of 53 oppression matters were heard during the reporting period. The frequency of listing is likely to increase with the growing popularity of this format. • • The Supreme Court (Judicial Registrars Amendment) expanded the powers of judicial registrars to undertake work in corporations matters. As an example, Judicial Registrar Hetyey has conducted public examinations, enabling a better use of associate judges’ time. As reported previously, a pilot program in the form of initial conferences was run for proceedings involving alleged oppression of shareholders. Under this program, a proceeding was brought before the Court just after its commencement for close management and early referral to mediation. The program was very successful in achieving cost effective and expedited resolution of proceedings. Since the pilot’s completion, a more efficient method of hearing oppression proceedings was developed, giving a more robust structure to proceedings and better use of resources. The success

5% -34% -32% Variance 81 -311 -695 Difference 597 1,473 1,784 2015-16 (Cth) are allocated to this list. 908 Associate Justice Derham Associate Justice Efthim Associate Justice Gardiner Randall Justice Associate Hetyey Registrar Judicial 2,168 1,703

2014-15 (Cth) or the Australian Securities and Investments Finalised Initiations In list 30 June

CORPORATIONS LIST continued to hear and determine matters arising from failed managed investment schemes (such as Timbercorp and Great registrar: Judicial The Corporations List is a specialist judge-managed list within the Commercial Court. Matters brought under the Corporations Act 2001 Commission Act 2001 The Corporations List is managed by Justices Robson, Judd and Sifris, who are assisted by Associate Justices Derham, Efthim, Gardiner and Randall, and JudicialRegistrar Hetyey. The associate judges hear a significant number of applications each year in connection with the winding up of corporations. financialDuring judges year, the of 2015-16 the Corporations List Judge in charge: Justice Robson Associate judges: Southern and group proceedings concerning Banksia Securities Ltd and Camping Warehouse) in addition to schemes of demerger) Bank Australia National the (including arrangement and matters under the Personal Property Securities Act (Cth). 2009 The reinstated Oppression Proceeding Pilot continued to prove successful during this financial year. The process established has resulted in more of 2015 and13 by Practice Notes 5 of 2014 efficient and streamlined case management practices for oppression cases which have ultimately resulted in resource savings for parties, practitioners and the Court. The operation of the pilot has been financial extended year. to the 2016-17 During the reporting matters1,473 period, were initiated in the list matters with 1,784 being finalised in the same period. compared There new matters were to 2,168 1,473 in 2015-16 decrease (a of 32 per cent).in 2014-15 Following an abnormal spike in filings between September and October initiations 2014, now reflect more historical trends. List Corporations SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 24 24 WORK OF THE SUPREME COURT 26 Arbitration List List. Arbitration the in finalised were matters nine and initiated were matters six period, reporting the During aweek. days seven hours, all at list the in made be may applications matters, arbitration of dimensions international and urgent often the to Due or domestic. international whether proceedings, arbitration all to relation in disputants to support and assistance Through the Arbitration List, the provides Court judicial Riordan Justice charge: in judge Deputy Croft Justice charge: in Judge Taxation List periods. reporting two the between List Taxation the in initiated matters new of increase a31 cent per represents This list. the in initiated were matters new 32 2014-15 period, reporting the during whereas finalised, were matters 28 and list the in initiated were matters new 42 2015-16 the period, Over reporting lists. Court Commercial the of all across filings in increase biggest the experienced List Taxation The List. Liability Professional Division’s Law Common the in determined and heard be to now are In the interest of efficientcase management, these proceedings List. Taxation the in heard be longer no would professionals taxation against made liability professional of claims involving proceedings that decided was it period, reporting the During Tax. Services and Goods the to respect with disputes or recovery taxation including taxation, regarding issue asubstantial raise that proceedings as well as Revenue, State of Commissioner the of decisions to objections and Tribunal Administrative and Civil Victorian the of decisions from appeals taxation concerning matters hears List Taxation The Ginnane Justice charge: in judge Deputy Croft Justice charge: in Judge ARBITRATION LIST TAXATION LIST

In list 30 June 30 list In Finalised Initiations Finalised Initiations In list 30 June 30 list In SUPREME OF COURT VICTORIA 2014-15 2014-15 29 32 26 10 4 9 2015-16 2015-16 43 42 28 1 9 6 Difference Difference 14 10 -3 -3 -1 2 Variance Variance -33% -75% -10% 48% 31% 8% Admiralty List Admiralty List. Torts Major the to transferred were resolved, been have which proceedings, related three and finalised were proceedings two List, Admiralty the in initiated was 2015-16,During proceeding new one issues. related and list the to accessibility to relation in input their seek to practitioners specialist of meeting Group User List Admiralty an convened Digby 2016, March 23 Justice On determination. economical prompt and effective, to conducive claims shipping and proceedings above the to subject be might which aclaim of arbitration the insurance) marine of contracts to relation (in cargoes or ships on charges or liens maritime sea, at carriage to relation in or of out arising sea by carried goods to damage or loss aship, by caused or to damage and loss concerning disputes hears List 1988 Act Admiralty Admiralty (Cth). The the under brought are which List, Admiralty the in matters manages Digby Justice Justice Digby charge: in Judge Intellectual Property List Property Intellectual finalised. were matters two and 2015-16 the period during List reporting Property Intellectual the in initiated was proceeding new One torelation ofinformation. or exploitation the protection confidential in and property intellectual of infringement of allegations concerning disputes for suitable is List Property Intellectual The Justice Vickery charge: in Judge Technology, Engineering and List Construction finalised. were 41 and matters List TEC the in initiated were matters 26 new 2015-16 the period, During reporting proceeding. the of conduct the for procedures timely and flexible adopting by and dispute in issues substantive the of identification early the by matters determine efficiently to is List TEC the of objective The construction. and building design, engineering, technology, of areas related the in disputes determines and hears List (TEC) Construction and Engineering Technology, The Justice Vickery charge: in Judge INTELLECTUAL PROPERTY LIST PROPERTY INTELLECTUAL LIST CONSTRUCTION TECHNOLOGY, ENGINEERING AND ADMIRALTY LIST In list 30 June 30 list In June 30 list In In list 30 June 30 list In Finalised Initiations Finalised Initiations Finalised Initiations 2014-15 2014-15 2014-15 53 32 17 2 4 2 3 4 2 2015-16 2015-16 2015-16 38 26 41 1 3 2 1 2 1 Difference Difference Difference

-15 24 -6 -2 -2 -1 -1 -1 0 Variance Variance Variance 100% 100% -50% -50% -28% -25% -67% 141% -19%

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ANNUAL 27 REPORT 2015–16 At theAt same time, a new GSA with Apache was negotiated. other the with associated company a Subsequently, shareholder in Holdings (Yara), which hadpre-emptive rights, purchased the shares. the that alleging proceedings Oswals commenced The receivers and ANZ conducted a flawed sales process in breach of duty and that their shares were sold at significant a undervalue. Mrs Oswal also pleaded that ANZ used duress and illegitimatepressure to obtain the new securities from her. The Oswals claimed relief of up to $2.5 billion, subject to various contingencies. The receivers and ANZ deniedthe Oswals’ claims and counterclaim. ANZ also denied that it acted improperly during negotiations with Mrs Oswal. The Oswals sought relief on the basis of knowing receipt and participation in breach of duty from parties that purchased their shares, including Apache parties and Yara parties, who in turn counterclaimed. alleged Fertilisers proceedings, above the with Concurrently that Mr Oswal misappropriated in breach of duty significant company funds in the period preceding the receivership. Fertilisers claimed relief in the order million. of $180 Mr Oswal, by a defence and counterclaim, alleged that Fertilisers was liable to him on the basis of restitutionary free acceptance for a total sum of approximately million $155 for his payment of the company’s construction cost overruns. Numerous interlocutory applications have been heard in the proceedings, both in the lead up to and during the conduct of the trial. Specifically, Justice Sifris and Associate Justice Daly have made rulings, including as to case management, costs and evidentiary objections. The proceedings were ongoing at the end of the financial butyear, were ultimately resolved through court annexed mediation, conducted by Associate Justice Efthim, in the next reporting year.

SIGNIFICANT CASES and Yara Australia Pty Ltd (35 per cent). The ANZ provided loans to Fertilisers and loans to the Burrup which Trust (of the Oswals were beneficiaries) which, together by 2009, totalled over $925 million. Fertilisers In 2001, entered into a gas sale agreement (‘GSA’) with participants in the Harriet Joint Venture – including Apache Northwest and others. This agreement later became the subject of a dispute and complex litigation ensued over issues concerning the extent to which the Harriet Joint Venture parties were obliged to supply gas to Fertilisers at particular, advantageous prices over the long term. The supply and price of gas were very important to the profitability and value Fertilisers.of ANZIn sought 2009, additional security for its loan facilities Oswal proceedings The Oswal proceedings are among the largest civil litigation in the history of the Supreme Court of Victoria. Following five years of protracted case management and numerous applications involving multiple parties, the trial before Justice Dodds-Streeton commenced in in May 2016 the state’s largest court facility, involving an unprecedented number of barristers, legal representatives, and e-trial and streaminglive facilities. The proceedings relate to an ammonia plant on the Burrup Peninsula in Western Australia, constructed, owned and operated by Yara Pilbara Fertilisers Pty Ltd (‘Fertilisers’). Fertilisers was the wholly owned subsidiary of Yara Pilbara Holdings Pty Ltd (‘Holdings’) – formerly Burrup Holdings Ltd. allAt relevant times, the shareholders of Holdings were Mr Pankaj Oswal (30 per cent), Mrs Radhika Oswal (35 per cent) to Fertilisers and the Burrup Trust. Representatives of the bank met with both Mr and Mrs Oswal and new security agreements were entered into. In particular, Mrs Oswal, who had not previously provided any security, executed a number of documents giving ANZ security over her shares in Holdings for the existing loans. During the Oswals 2010, attempted to sell their shares in Holdings without success. In December ANZ asserted 2010, default under the loan facilities and appointedAdvisory PPB as the receivers and managers of the Oswals’ shares and the assets and undertakings of Fertilisers. The receivers and ANZ undertook a process to sell the shares, which were ultimately sold to Apache Fertilisers (now Chemical Holdings), a related entity of Apache Northwest and one of the Harriet Joint Venture parties. SUPREME COURT OF VICTORIA COURT OF SUPREME 26 WORK OF THE SUPREME COURT 28 SUPREME OF COURT VICTORIA interests. interests. different representing plaintiffs different by brought – each proceedings of set the across claims various the of complexity and number the to due challenges significant presented has litigation multi-party this of management case The • • • • together: managed and heard be to matters Banksia all for made were 2015, July In orders Court. Commercial the in brought been have Securities Banksia involving proceedings of A number appointed. were liquidators and receivers and collapsed 2012, scheme the October In debentures. their on interest third-party borrowers and offered investors dividendsand to funds the loaned then Banksia million. $600 over raised and investors individual to debentures issued (‘Banksia’) Limited Securities Banksia scheme, investment an Through proceedings Banksia negligence against Banksia’s auditors. in claims made Trustee Banksia’s proceeding, this In Pty Ltd Rogers Griffin Mulqueen vs (ACN Limited 154 000 Nominees TrustThe Company 441) conduct. or deceptive misleading and duties, statutory of breach negligence, for directors Banksia’s against liquidators Banksia’s by claims involved matter This &Ors John Patrick v Godfrey, (In Liquidation) Appointed) Managers and (Receivers (ACN Limited 004 736 Securities 458)Banksia Corporations 2001 Act the and duty of breaches for Trustee Banksia’s against claims made liquidators Banksia’s proceeding, this In Ors (Nominees) Ltd and Trust vThe Company Liquidation) (in Appointed) Managers and Ltd (Receivers Securities Banksia investment scheme. the of management the with affiliated parties 14 different against claims involved It $100 million. approximately of losses alleges holders, 16,000 debenture than more of behalf on commenced Proceeding’, Group Banksia ‘The and Ors Liquidation) in Appointed, Managers and (Receivers Ltd Securities vBanksia Bolitho John Laurence (Cth).

leave to appeal to the High Court was refused. was Court High the to appeal to leave special for application An Judd. Justice by made orders and judgment the from appeal an dismissed Appeal of Court The group proceeding. the 2011, dismissed Judd October 27 On Justice schemes. the of respect in issued statements disclosure product in to related allegations deficiencies The companies. those of directors various and Finance Timbercorp Securities, Timbercorp were proceeding group the to defendants The entity. responsible the was Securities Timbercorp which in scheme investment amanaged in interest an had who those to extended but complex was members’ ‘group of definition The Woodcroft-Brown. Rodney Allen by commenced was proceeding 2009, agroup October 27 On against 20 defaulting borrowers. proceedings commenced Finance 2009, Timbercorp June In loans. those of 1,480 approximately of respect in notices demand final issued and default, in were they that borrowers notified Finance approximately $243 million); Timbercorp (totalling repayments loan their meet to failed borrowers of number large a appointed, were administrators the After Tomes. Mr and Collins Mrs and Mr to loans including $477.8 million, totalling 7,500 over to borrowers loans 14,500 outstanding over had book loan Finance’s Timbercorp collapsed, Group Timbercorp the time At the liquidators. became administrators the and companies, the up wind to resolved creditors Group’s 2009, the June 29 On companies. Group Timbercorp the to appointed were 2009, administrators April 23 On investments in the schemes. their finance to Finance Timbercorp from moneys borrowed Tomes, Charles John and Collins, Ann Janet Collins, James the respondents in the present proceedings, Douglas including investors, Many 18,500 investors. some of behalf on projects agribusiness in billion $2 than more invested Group Timbercorp 2009, in the collapse its 1992 and Between managed investmentTimbercorp schemes. relevant for entity responsible the was which Securities’), Limited (in liquidation) (‘Timbercorp Securities Timbercorp was group the of member main other The companies. of Group Timbercorp the of amember was Finance’), (‘Timbercorp liquidation) (in Ltd Pty Finance Timbercorp proceedings Timbercorp

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ANNUAL 29 REPORT 2015–16 Strategic Management Pty Australia & Anor AFL Ltd v Precision Sports & Entertainment Group Pty Ltd VSC 303 & Ors [2016] These proceedings related to the conduct of an AFL player Management Strategic by undertaken business management Australia AFL Pty Ltd (Strategic) and the breakdown in shareholders. and directors Strategic’s between relationship In the main proceeding it was alleged that Liam Pickering, as a director of Strategic, and James Pitcher, as an employee of Strategic, breached their fiduciary duties when they left Strategic to set up competing player management company, Precision Sports and Entertainment Group Pty Ltd (Precision) and diverted existing and potential business from Strategic to Precision. Strategic sought damages, exemplary damages, equitable compensation, account of profits and restitution against Precision, Pickering and Pitcher. In the related oppression proceeding, Chillimia Pty Ltd (Chillimia) member (a of Strategic) and Pickering alleged oppressive conduct in relation to the affairs of Strategic, personal the for funds Strategic of transfer the including benefit of one of its members. The plaintiffs sought injunctive relief in respect of a share issue, and sought to have the shares in Strategic transferred or sold or to have the company wound up. Justice Sifris found in the main proceeding that Strategic was entitled to damages or compensation for lost commission and earnings. In the oppression proceeding, Chillimia was entitled to be paid for the value of its shareholding in Strategic before capital raising and taking into account the amount for which Pickering and Pitcher were liable.

estopped’ to have raised, Anshun estoppel or by the to draw the Court’s attention estoppel’). In addition, it contended that Anshun (‘ 1 (1981) 147 CLR 589. 147 (1981) principles of abuse of process from the raising of any defences pleaded by them in the recovery proceedings. Timbercorp Finance applied for leave to appeal against the order of Justice Robson. The Court of Appeal granted leave to appeal to Timbercorp Finance, but dismissed the appeal. The Court held that a group member may be ‘ their defences should be stayed as an abuse of process. On 2 September Justice 2015, Robson held that the respondents were not precluded either by Anshun only if it was unreasonable for him or her not 1 Subsequently, TimbercorpSubsequently, Finance commenced separate proceedings against Mr and Mrs Collins and Mr Tomes seeking recovery of outstanding loan amounts and interest. Neither Mr and Mrs Collins nor had Mr Tomes opted out of the group proceeding. each However, sought to defend their respective recovery proceeding on bases not raised in the proceeding.group Timbercorp Finance argued that each respondent was precluded from raising their defences because they were membergroup in a the group proceeding. Timbercorp Finance contended that the respondents were subject to the estoppel described in Port of Melbourne Authority v Anshun Pty Ltd during the group proceeding, some claim other than the than other claim some proceeding, group the during commonquestions of law or fact in that proceeding. The membergroup a by failure to opt out and/or to use s 33Q of the Supreme Court1986 Act to any claim that is peculiar to that group member does not mean that the group member will be automatically precluded from raising that claim in later proceedings. While the Act provides for a statutory estoppel in respect of any determination of the common questions of law and fact, it does not provide for any estoppel in respect of claims peculiarto a group member that were not advanced in Anshun an be will there Whether proceeding. group the assessment ‘merits-based’ a upon depends estoppel taking into account all the circumstances of the case. In the circumstances,particular itthese was for not unreasonable their raised have to individualrespondents not claims in the group proceeding. Nor were they precluded fromrelying on their defences as a result of the plaintiff in the group proceeding not having raised such claims on their behalf. The abuse of process claim was rejected on similar grounds. SUPREME COURT OF VICTORIA COURT OF SUPREME 28 The Presbyterian Church of Victoria Trusts Hird v Chubb Insurance Company of Australia Ltd Corporation v Anstee, Nuske, Evans, Holman, [2016] VSC 174 Kerss & Ors (No 1) [2016] VSC 297 This proceeding concerned whether an insurer had an In this proceeding, the critical issues were: obligation to pay legal costs incurred by James Hird in WORK OF THE SUPREME COURT (a) whether the Trustees of the Scots’ Church Property initiating and appealing proceedings heard in the Federal Trust (the Trust) had authority to acquire, on behalf of Court concerning the alleged use of prohibited substances by the Trust, an assembly hall located on Collins Street, the players of the Essendon Football Club. On a close reading Melbourne; and of the terms of the insurance policy, Justice Hargrave found in favour of the insurer and declined the claim of indemnity (b) having acquired the assembly hall, whether the Trustees of legal costs made by Mr Hird. were authorised to incur substantial expenditure in excess of $6 million – in the form of borrowings on security of assets of the Trust – in the upgrading and refurbishment of the assembly hall. Justice Sifris was asked to consider other issues associated with the operation of the Trust, which was created by a trust deed dating back to 1891 pursuant to the Scots’ Church Properties Act 1891 (Vic). Various other buildings located on Collins and Russell Streets were relevant to this proceeding. His Honour found that there had been breaches of trust by the unauthorised expenditure of the sum of over $11 million plus interest. There remain further issues for determination including what relief (including proprietary relief) is available to the parties and questions associated with the personal liability of the Trustees.

North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd [2016] VSC 1

This proceeding concerned a contract dispute between parties in relation to a new Masters Home Improvement store in Bendigo. The agreement provided that the plaintiff would develop a Masters Home Improvement store for Woolworths and, once it had been developed, Masters would lease that store for a period of 12 years with options for a further five terms of six years each. The agreement contained a provision that allowed either party to terminate the arrangement if the parties, acting reasonably and in good faith, were unable to resolve any disagreement that arose in relation to certain defined construction costs. The defendants purported to terminate the agreement on the basis that the parties could not agree in relation to those construction costs. Justice Croft held that an express obligation to act reasonably and in good faith to attempt to resolve differences in relation to the amount of Woolworths’ contribution of the cost of development of a Masters store was sufficiently certain so as to be enforceable. His Honour ordered that the defendants pay the plaintiff the sum of $10,875,000 in damages plus interest of $4,297,636 and costs on an incidental basis with fees of Senior Counsel.

30 SUPREME COURT OF VICTORIA WORK OF THE SUPREME COURT ANNUAL 31 REPORT 2015–16 Personal Injuries List Professional Liability List Property List (established 1 April 2016) Testators Family Maintenance List Trusts, Equity and Probate List (formerly Probate List until 1 April 2016) Valuation, Compensation and Planning List. • • • • • • Recruitment of experienced legal practitioners to provide Streaming of all matters from initiation into specialist lists (with More effective allocation of judicial functions to the appropriate level Creation of two teams of legal and administrative staff under a judicial Civil Circuit List Confiscation and Proceeds of Crime List (established 1 April 2016) Dust Diseases List Employment and Industrial List (established 1 January 2016) Judicial Review and Appeals List Major Torts List THE COMMON LAW IMPROVEMENT PROGRAM The Common Law Improvement Program (CLIP) was established in in mid-2015 response to the recommendations Division Trial of the 2014 review conducted by Group. Consulting Boston the The review made a suite of recommendations aimed at sustainable and efficient use of the Court’s resources - enabling the Court to meet its obligation to promote the just, timely efficient, cost-effective ofand disputes. resolution The CLIP aims to implement key reforms recommended by the review: Specialisation: Matters in the Common Law Division may be allocated specialist to one of 12 lists for management by judicial officers with expertise in the area: • • • • • • consequent abolition of ‘generic’ lists), allowing for early intervention, appropriate judicial specialisation and minimisation of the number of judicial officers involved in a proceeding across its lifetime. Delegation: of judicial officer, including increased use of judicial registrars to relieve associate judges of routine directions and applications. Case management: officers. judicial to support management case specialist Teaming: registrar, each dedicated to a group of Common Law Division lists. includedKey CLIP initiatives the appointment in 2015-16 of Judicial Registrar David Ware as the dedicated judicial registrar for the Common Law Division. Since early Judicial2016 Registrar Ware has conducted weekly directions hearings in Personal Injuries List matters and played a key role in the triage of Judicial Review and Appeals List matters, relieving associate judges of these tasks.

(from 4 April 2016) (President at VCAT) (until 1 February 2016) claims in property, tort contract or law claims wills to relating and estates proceedings the to relating Court’s supervisory jurisdiction other over Victorian courts, tribunals and public officials claims arising breaches of out trust of equitable or obligations. Judicial registrar:Judicial Ware Registrar Judicial Associate judges: Associate Justice Lansdowne Associate Justice Daly Associate Justice Derham Associate Justice Ierodiaconou Justice McDonald Justice Zammit Riordan Justice Keogh Justice Reserve judges: Bongiorno Justice Coghlan Justice Justice Elliott (from July 13 to 25 September 2015) Justice Ginnane Rush Justice Justice Emerton Judges: Justice Bell Cavanough Justice Justice Forrest T Dixon John Justice Justice Macaulay Justice McMillan Justice Garde Principal judge: Justice J Forrest Deputy principal judge: TRIAL DIVISION COMMON– LAW Disclaimer: Any discrepancies between figures reported in this section of the report, compared those to presented in the previously published annual reports, are due the to further refinement of the Court’s statistics after their publication. The Common Law manages Division diverse four categories cases: of • • • • SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 3030 WORK OF THE SUPREME COURT 32 litigation. impact procedures Court which in way the about feedback provide to practitioners enable and Division, the in reforms proposed about practitioners with consult to officers judicial for aforum provide groups User 16. page on more Read management. for list specialist appropriate the into directed usually are 48-72 hours within ahearing requiring not Applications divisions. relevant the in sitting judges by are now managed applications criminal and Urgent commercial hears only urgent non-commercial applications. 2016 now 1March and from Division Law Common the of part formed Court Practice the Division, Criminal and Division Law Common Court, Commercial the within proceedings of management specialised more towards trend the with line In Court. Practice the in sit Appeal) of Court the from occasionally (and Trial Division the across from Judges judge. associate an of jurisdiction the within not applications shorter and urgent of variety awide for forum the been traditionally has Court Practice The matters. List Appeals and Review Judicial of triage initial the improving in particularly team, this to belong ultimately will which activity to diverted were Registry Principal the in resources legal existing Some underway. is lists Division Law Common remaining the of management for responsibility with team asecond of establishment The appearances. court unnecessary for need the of relieved are litigants that and optimised is time judicial that ensure to lists the of charge in officers judicial the with closely work lawyers registry The areas. these in experience practice extensive with lawyers two of recruitment the included This List. Diseases Dust and List Injuries Personal the including claims tortious primarily involving lists manage to ateam of Creation their cases. of management the about certainty and consistency greater litigants giving while resources Court of use targeted for allows lists management case of use The litigation. of management the in participant impartial, though active, an be to required now is Court The it. to entrusted resources public the of use efficient most the make to and costs) and delay minimising 2010 Act Procedure Civil (including (Vic) the under obligations its meet to Court the for essential also is but world legal complex increasingly an of realities the reflects only not management case of model aspecialist to ageneralist from movement The lists. 12 Division’s specialist the of one within managed now are matters Division Law Common afew but all that means 2016), April 1 (from List Crime of Proceeds and Confiscation 2016) 1April and (from List 2016), Property 1January (from List Industrial and Employment the of establishment The ENGAGEMENT USER WITH GROUPS REFORM COURT PRACTICE SUPREME OF COURT VICTORIA

new list and guidance on its operation. its on guidance and list new the for rationale the into insights participants offered and 2016 May in held was McDonald Justice of management the under seminar List Industrial and Employment inaugural An participate. to practitioners regional allow to webcast were and 100 participants than more attracted each seminars These Lists. Diseases Dust and Injuries Personal the in litigation of management the at looking practitioners junior for seminars lunchtime organised Court, County the with collaboration in 2016 2015 Division, April the August and In Common Law Division – all cases –all Division Law Common the Division. in cases pending all of cent per 2.6 2013 to prior comprise initiated Proceedings cases. such 54 2016, were June 30 there at As resolution. possible timeliest the ensure to order in 2013 to prior initiated cases all 2015-16 reviewed Division year, the the During managed. actively and monitored are cases Older year. the of course the over 10 by cent per cases pending of reduction overall an to 110 of rate leading cent, per clearance a achieved Division The year. financial previous the from 10 of cent per adecrease was This Division. Law Common the in initiated 2015-16were the In cases year, 2,359 financial litigation. other to applied be can learnt lessons the which in ways explore to academics and experts lawyers, officers, judicial for aforum provided and research this of results the presented symposium half-day The trial. East-Kinglake Kilmore the in independent research into the way these issues were addressed Following settlement of the proceeding, the commissioned Court fire. the of cause the to relation in evidence give to called being fields other and engineering mechanical in experts 40 involved East-Kinglake Kilmore at bushfire Saturday Black the of out arising action class the of trial the Zammit, Justice and Forrest the Kilmore East-Kinglake Litigation ‘ entitled academics and practitioners officers, judicial for School Law Melbourne with conjunction in asymposium convened 2016, Division April the In arising out of the Common Law Improvement Program. Improvement Law Common the of out arising reforms management case various consider to year the during met also List Diseases Dust and List Injuries Personal the for groups user The lists. new the establishing notes practice in formulating provided valuable assistance practitioners cases, both In List. Crime of Proceeds and Confiscation the and List Industrial and Employment the of establishment the with 2015-16in time first the for connection in met groups Two user LUNCHTIME SEMINARS LUNCHTIME CASELOAD SYMPOSIUM

In list 30 June 30 list In Initiations Finalised 2014-15 2,635 2,321 2,613 Innovation in Litigation: Lessons from from Lessons Litigation: in Innovation 2015-16 2,587 2,093 2,359 ’. Led by Justice Jack Jack ’. Justice by Led Difference -254 -228 -48 Variance -10% -10% -2%

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80 5% 75% 27% 33% -50% 779% Variance Variance 6 4 10 64 -10 218 (judicial registrar) 24 registrar) (judicial (associate judge) 166 Difference Difference ANNUAL 33 REPORT 2015–16 19 10 14 196 256 246 2015-16 2015-16 8 15 20 28 192 186 Judicial Registrar Ware Registrar Judicial Justice Zammit Justice Keogh (from 4 April 2016)

2014-15 2014-15 Initiations Initiations Finalised In list 30 June

Finalised In list 30 June Hearings listed listed Hearings 2014-15 2015-16 CONFISCATION AND PROCEEDS OF CRIME LIST DUST DISEASES LIST of cases in the list involve claims of injury relating to asbestos exposure in a variety of industrial and domestic settings. Established was the first on 1 Januaryfull year 2015-16 2015, of operation of the Dust Diseases List. Dust Diseases List – all cases The Dust Diseases List manages all proceedings in which a plaintiff alleges that he or she is suffering from a pathological condition attributable to the inhalation of dust. The vast majority Judges in charge: Associate judge in charge: Associate Justice Ierodiaconou registrar: Judicial Judge in charge: Justice J Forrest The Confiscation and Proceeds of Crime List was established on to provide 1 April 2016 forthe efficient management of civil proceedings brought under Victorian and Commonwealth legislation providing for the restraint or forfeiture of property connected with criminal activity (Vic) (the1997 Confiscation Act and the Proceeds of Crime (Cth)). Act 2002 Given the relatively small number of these cases, and their urgency, they have previously been managed by the judge sitting in the Practice Court. it However, has become clear that the technical nature of such proceedings, together with various other factors, makes them more suited to specialist judge- management. Confiscation of Proceeds of CrimeList – all cases The judge in charge and Judicial Registrar Ware heard pre-trial directions for this list. Associate Justice Ierodiaconou heard applications. The hearings listed data below reflects the transistion phase of the newly formed case management team, and the redistribution of directions hearings and applications between officers. judicial three

1% 0% 0% -1% -1% -9% -8% 25% 35% 23% 93% -12% -56% -50% -43% 100% Variance Variance 1 2 1 5 0 6 0 -1 -1 -2 -9 -3 -4 13 -10 -14 Difference Difference 2 0 2 3 7 13 10 27 23 27 20 30 163 164 185 164 2015-16 2015-16 8 1 0 2 6 17 16 14 23 22 22 34 177 165 165 184 2014-15 2014-15 Finalisations In list 30 June Bendigo Geelong Horsham Initiations Ballarat Hamilton Mildura Morwell Sale Shepparton Wangaratta Warrnambool

Wodonga CIVIL CIRCUIT LIST Civil Circuit List – cases by region Judge in charge: Justice J Forrest Associate judge in charge: Associate Justice Daly The Supreme Court schedules civil sittings gazetted in 12 regional courts at least once Ballarat, a year: Bendigo, Geelong, Hamilton, Horsham, Mildura, Latrobe Valley (Morwell), Sale, Wodonga. and Warrnambool Wangaratta, Shepparton, The majority of Civil Circuit List proceedings involve claims for personal injuries arising from motor vehicle accidents, medical negligence and industrial accidents, but can also include cases concerning commercial disputes, wills and partnerships. All have a regional connection. connection. regional a Initiations remained steady in this list, with new matters. 164 Overall, there was little variance in the number of pending matters at end of the financial year compared with the previous year. This list is to receive more active case management from with the2017 involvement of lawyers recruited as part of the reforms. CLIP cases all – Circuit List Civil SUPREME COURT OF VICTORIA COURT OF SUPREME 32 WORK OF THE SUPREME COURT 34 SUPREME OF COURT VICTORIA stayed pending an appeal by CSR. by appeal an pending stayed were claims contribution $361,291.88. remaining The totaling contribution, equitable for CSR against succeeded claims three and Act Wrongs the under Bradford and CSR against succeeded claims two only applied, were defences laches and limitation time the However, after asbestos. Hardie-BI to exposure by caused were illnesses workers’ eight the of seven that held Macaulay Justice laches. of doctrine equitable the of operation the by claim, liability coordinate the of case or, the in time-limits statutory under time of out were JHC’s claims that alleged they Additionally, commenced). partnership the before right own its in JHC by made product (including manufacturers other of product the from emanating fibre asbestos than rather asbestos Hardie-BI to exposure by caused been had illness claimant’s relevant the that admit not did Bradford and CSR 1892 Act Partnership (NSW). the from arising liability coordinate ashared discharged had JHC as contribute to liable was CSR that alleged also They (Vic). contribute under the provisions of 1958 the Act Wrongs to liable were Bradford and CSR both that alleged JHC Macaulay. 2014 Justice by August in weeks four over heard was trial The instance. first the in tried be to chosen were claims contribution Eight 204. totaled pursued claims of number final the 2014, August in At trial proceeding. contribution its to payments more added JHC occurred, settlements more As settlements. 40 only to relation in –initially Bradford and CSR against contribution for claim its issued JHC 2003, May In exposure. of asbestos reason by damage and loss suffered who dependents their or persons by made were claims underlying 1970s. The and 1960s the in facilities Victoria of Commission Electricity State of anumber from arising claims asbestos-disease individual 200 over settle to made JHC payments toward Insulation Bradford and CSR from contribution sought (‘JHC’), Ltd Pty &Co Hardie James formerly Amaca, Ltd vCSR Pty LtdAmaca [2015] 582 VSC SIGNIFICANT CASE SIGNIFICANT

This will increase to every fortnight in 2017. in fortnight every to increase will This month. every heard generally are list the in applications interlocutory and 2016, directions 12 February Commencing Employment and Industrial List – all cases –all List Industrial and Employment Ierodiaconou. Justice Associate before listed generally are applications Other McDonald. Justice before listed usually are court of contempt and for injunctions Applications • • • • • • employment or industrial context, including: an of out arising proceedings of avariety manages List Industrial and 2016, Employment the 1January on Established Ierodiaconou Justice Associate charge: in judge Associate McDonald Justice charge: in Judge * from 12 February 2016 12 February * from EMPLOYMENT AND INDUSTRIAL LIST LIST INDUSTRIAL AND EMPLOYMENT

2015-16 Hearings listed

In list 30 June 30 list In Finalised Initiations on the proposed agreement pending a hearing. further vote to employees its asking from Authority Fire Country McDonald granted an urgent injunction restraining the 2016, year. June In the Justice during coverage media significant received and CFA employees for agreement enterprise new aproposed concerned case This Fire Authority v Country Inc Victoria Volunteer Fire Brigades SIGNIFICANT CASE SIGNIFICANT - - - from: review judicial of nature the in applications and appeals proceedings contempt related and boycott secondary tort, industrial injure to conspiracy and/or contract of breach alleging interference with contractual relations, inducing relationship employment an with connection in claims torelation employment in conduct deceptive and misleading alleging claims claims confidence of breach including relationship, employment an from arising obligations fiduciary and/or equitable of breaches alleging claims contract employment an of breach alleged an on based relief for claims decisions of tribunals in relation to employment. to relation in tribunals of decisions workplace the in harassment or discrimination of employee an by allegations VCAT of involving List Rights Human the Court Magistrates’ the of Division Industrial the 2014-15 (associate judge) 27* 0 0 0 2015-16 24 14 8 Difference 24 14 8 Variance 100% 100% 100% WORK OF THE SUPREME COURT

ANNUAL 35 REPORT 2015–16 (Vic); and breached various obligations under the SIGNIFICANT CASES Fertility Control Clinic v Melbourne City Council VSC 424 [2015] the Clinic contended that the activities of the protesters protesters the of activities the that contended Clinic the constituted a nuisance within the meaning of the Public Health and Wellbeing Act (Vic) 2008 which the Council was required to remedy. The Clinic arguedthat the Council had constructively failed to perform its statutory duties and thus sought relief in the nature of mandamus and declarations. Justice McDonald mandamus that held wasunavailable on the facts, but made a declaration that a referral to Victoria Police did not constitute settling the matter privately within the meaning of s 63(3)(b) of the Act. De Bruyn v Victorian Institute of Forensic Mental VSC 111 Health [2016] Mr de Bruyn, an involuntary patient at Thomas Embling Hospital, sought declaratory and injunctive relief against the hospital, to prevent the implementation of a smoke free policy. Mr de Bruyn argued that the smoke free policy was beyond the powers afforded to the hospital by the Tobacco the with inconsistent (Vic); Mental Health Act 2014 Act 1987 Charter of Human Rights and Responsibilities (Vic) Act 2006 (the Charter). Justice Riordan found that the smoke free policy was within the powers of the hospital as it directly related to services. health providing of function its of performance the Justice Riordan also found that it was not inconsistent as that Act Act Tobacco had the 1987 with not created a statutory right to smoke. With respect to Mr de Bruyn’s Charter arguments, Justice Riordan found that a “comprehensive, properly considered smoking ban adopted after extensive consultation with patients does not impact on the dignity of the hospital patients.” Justice Riordan also found that the policy did not infringe Mr de Bruyn’s rights to be treated humanely whilst deprived of liberty so as to engage s 22 of the Charter as he was not a person to whom of the s 22(3) Charter applied and, in any event, he had been treated in a way that was appropriate for a person who had not been convicted of a crime. Furthermore, the Smoke Free Policy did not constitute medical treatment within the meaning of s 10(c). Fertility Control Clinic (the Clinic) operated a medical clinic within the municipal district of the Melbourne City Council (the Council) and provided a range of family planning services, including pregnancy termination. For over 20 years, individuals associated withgroup a known as the Helpers of God’s Precious Infants protested in the vicinity of the premises. Clinic’s Although no relief was sought against any of the protesters, -9% -12% -19% Variance -19 -21 -42 Difference 185 140 204 2015-16 159 225 227 Justice Cavanough Justice Ginnane 2014-15 judicial review applications made pursuant to the (Vic)Administrative or Order Act Law 1978 56 of the Supreme Court (General Civil Procedure) Rules 2015 appeals on a question of law from a final order of the CourtMagistrates’ appeals on a question of law from the Victorian Civil and Administrative Tribunal appeals on a question of law from the Children’s Court referrals for determination of a question of law under the Charter of Human Rights and Responsibilities (Vic). Act 2006 In list 30 June Initiations Finalised

JUDICIAL REVIEW AND APPEALS LIST AND REVIEW JUDICIAL Cases in the Judicial Review and Appeals List cover a wide variety of subject matters and are initially managed by associate judges who determine applications for leave to appeal and settle questions of law and the grounds of appeal. As part of the Common Law Improvement Program, the Division worked throughout the year on more efficient triage of proceedings upon initiation in order to bring matters on for hearing as expeditiously as possible. Judges in charge: The Judicial Review and Appeals List comprises proceedings relating to the conduct or decisions of lower courts, tribunals including: bodies, or persons external other and • • • • • Judicial Review and Appeals List – all cases SUPREME COURT OF VICTORIA COURT OF SUPREME 34 WORK OF THE SUPREME COURT 36 Major Torts List –all cases • • • including: claims, tortious significant otherwise or complex, large, of management the for designed is List Torts Major The Dixon John Justice charge: in Judge MAJOR TORTS LIST TORTS MAJOR

Initiations In list 30 June 30 list In Finalised SUPREME OF COURT VICTORIA costs on an indemnity basis against both defendants. both against basis indemnity an on costs and respectively, principal and school the $100,000 against $150,000 of and damages exemplary included $1.3m which approximately of damages awarded was plaintiff The well. as misconduct school’s the was misconduct her that meant principal the on school the by bestowed authority and power, control unrestricted and unrestrained the since right own its in also but abuse, of acts principal’s the for liable vicariously only not was school the that found Rush Justice Significantly, defendant. first the school, the of principal former the by abuse sexual of aresult as sustained injury psychiatric for was claim The defendant. second the by administered school Jewish ultra-orthodox an of student aformer by aclaim involved proceeding This [2015] vLeifer &Anor 499Erlich VSC law. defamation Australia’s of purposes the for publisher a be can proprietor engine asearch that conclusion the reaching in decisions international and Australian of array an considered Honour His publication). defamatory alleged of any notice receiving after or before (either a publisher be cannot proprietor engine asearch that was contention primary Google’s McDonald, Justice before ahearing In success. of prospect real no had proceeding the that basis the on claim of statement amended the and writ the of service the aside setting order an sought Google Google. against defamation for action an brought plaintiff The Trkulja [2015] Inc vGoogle 635 VSC trial. to prior mediation at [2016] settled matter 103. VSC The order: non-publication that lifted ruling Afurther Age. The to information of source apossible of respect in order anon-publication with together 2008 (Vic) Act Evidence the under privilege journalists’ about ruling a significant gave Dixon John Justice proceeding defamation this In [2015] v The Age Madafferi 687 VSC SIGNIFICANT CASES CASES SIGNIFICANT complex tortious claims for economic loss or property damage. property or loss economic for claims tortious complex tort in based is action of cause predominant the where actions class proceedings defamation 2014-15 60 90 91 2015-16 54 73 72 Difference -18 -18 -6 Variance -20% -20% -10%

Class action claims: pre-trial management management pre-trial claims: action Class trial. the hear to appointed judge the by managed were cases 2016. June 30 These at as claims finalised and management under claims the details below table The complete. now is process distribution settlement bushfire Beechworth The • • • included: 2015-16 These in List. (Vic)) Torts Major the in 1986 Act Court Supreme the of 4A Part under (brought Actions Class of anumber managed Division Law Common The Actions Class expected to go to trial in 2017 unless settled beforehand. 2017settled in trial to unless go to expected is cases these of each Roo-Roofing, of exception the With

Roo-Roofing Ramsay Williams Jackson Kamasaee Guardian by her Litigation (aAS pseudonym) Case Homeowners Insulation Program. Program. Insulation Homeowners the of Commonwealth the by cancellation the of a result as businesses by sustained been have to alleged losses Bonsoy contaminated allegedly of out arising actions class actions class Bushfire Saturday Black the in schemes the supervision of the administration of settlement distribution action action class Batts Pink claim bushfire River Jack claim bushfire Mickleham-Kilmore claim bushfire Valley Snake claim centre detention Island Manus claim centre detention Island Christmas as at 30 June 2016 June 30 at as management under Claims Dixon Dixon John Justice and TForrest Justice Emerton) (Justice approval Court to subject Settled Zammit Justice and Rush Justice T Forrest Justice JForrest Justice McDonald Justice JForrest Justice Managed by Managed

WORK OF THE SUPREME COURT 6% -6% -13% 1,149 Variance 42 -76 -30 (associate judge) 568 (judicial registrar) 386 registrar) (judicial Difference ANNUAL 37 REPORT 2015–16 714 521 479 2015-16 672 597 509 [2016] VSC 354 [2016] 2014-15 SIGNIFICANT CASES Homsi v Homsi v Homsi Justice J Forrest ruled that a driver whose death was caused by his own negligent conduct did not owe his mother a duty to avoid causing her psychiatric injury. Perakis Secretary v the Department to of Transport VSC 320 [2016] Justice Zammit considered the operation of the of s.135BB Accident (Vic) Compensation – a provision Act 1985 which facilitates the bringing of claims for damages by workers suffering from an asbestos related condition. Mathews v Winslow ConstructorsPty (Vic) Ltd VSC 728 [2015] In this workplace bullying claim, Justice T Forrest made an award of damages million. of $1.36 In list 30 June Finalised Initiations Hearings listed listed Hearings 2014-15 2015-16

The judge in charge and Judicial Registrar Ware heard pre-trial directions in this list. Associate Justice Ierodiaconou heard applications. The hearings listed data below reflects the transition phase of the newly formed case management team, and the redistribution of directions hearings and applications officers. judicial three between Personal Injuries List – all cases Judicial Registrar Ware Registrar Judicial Finalised claims as at 30 June 2016 Kilmore East – Kinglake bushfire claim personal1901 injury and dependency claims and over 9000 economic loss and property claims damage Distribution of settlement monies expected to occur in the final quarter or first of 2016 quarter of 2017 claim bushfire Murrindindi 425 personal injury and dependency claims and over 2,200 economic loss and property claims damage Distribution of settlement monies expected to occur in the final quarter or first of 2016 quarter of 2017 Pomborneit bushfire claim claims21 20 finalised Coleraine bushfire claim 28 claims 22 finalised Horsham bushfire claim claims214 203 finalised Bonsoy class action registrants,569 with 533 claims assessed and distribution of settlement monies expected to occur in the final quarter of 2016 industrial accidents industrial motor vehicle accidents public and occupier’s liability negligence medical harassment and bullying abuse. sexual Case Matthews Rowe Place Perry Thomas Downie

PERSONAL INJURIES LIST Proceedings managed in the Personal Injuries List include personal injury claims arising out of: • • • • • • Proceedings brought by the Transport Accident Commission under section of or the by 104 Transport Accident Act 1986 the Victorian WorkCover Authority under section of the 138 Accident are Compensation also Act managed 1985 in the list. Judge in charge: Justice Zammit Associate judge in charge: Associate Justice Ierodiaconou registrar: Judicial Class action claims: settlement supervision settlement actionClass claims: SUPREME COURT OF VICTORIA COURT OF SUPREME 36 WORK OF THE SUPREME COURT 38 Court. the in lists other within health practitioners and building practitioners are managed against Claims valuers. and conveyancers agents, estate real financial professionals, stockbrokers, insurance brokers, practitioners, legal against are list the in claims of majority The duties. equitable of breach for or conduct) deceptive or misleading (e.g. contravention statutory related contract, or tort in duty of breach for aprofessional against loss economic for a claim involving proceedings manages List Liability Professional The Daly Justice Associate charge: in judge Associate Macaulay Justice charge: in Judge PROFESSIONAL LIABILITY LIST LIABILITY PROFESSIONAL SUPREME OF COURT VICTORIA the entire proceeding settled before trial commenced. however appropriate, was trial asplit that determined Blue Justice management. for Court Supreme Australian South the of Blue Justice visiting to transferred was proceeding The costs. for security sought also It quantum. necessary, if and, liability into trial the split liability, concurrent plead to parties other join to sought Ltd Pty Investments Ambridge million. $8 approximately of losses causing retainer, their of breach in and negligently acted time, the at engaged counsel and proceedings, 2005 in it by retained firm law the TressCox, that claimed Ltd Pty Investments Ambridge parties. the by stages various at retained barristers and solicitors of firms against made were claims progressed, matters the As Melbourne. East in property commercial in venturers joint between a dispute concerning proceedings related four of one was matter This v TressCox Lawyers Ltd (in liq) Pty Investments Ambridge future. the in matters List Liability Professional for survey exit general amore for abasis form may survey of type This proceeding. the of management Court’s the of appropriateness the affirmed generally results The management. case of level Court’s the of usefulness and appropriateness the on views their gauge to settlement anonymous survey was sent to the practitioners apost required, management special of degree the Given orders. of sets 38 and conclave expert day a two conferences, management case three applications, two hearings, 13 directions included It Derham. Justice Associate and Daly Justice Associate Macaulay, Justice by management special required case The weeks. eight of 2016 estimate an on 16 on February trial for down set was matter The million. $200 of excess in being plaintive the by sought damages the of estimate one with auditors, former by negligence of allegations concerned matter This (A Firm) Partners Pitcher Limited (In Liquidation) v Express Bill SIGNIFICANT CASES CASES SIGNIFICANT

[2016] vPrior Lakic 293 VSC untrained, less experienced court user on the other. an and hand, one the on users, court experienced between cooperation responsible the to testament was days eight only in case the concluding days, five for down set Although allotted. time the within it confine to court in management strict required It translator. aSerbian through conducted was trial entire the and language second plaintiff’s accommodated by the list. English was the self-represented claims liability professional of aspecies of illustrative is and manage to challenging was it significant, legally not is case the Whilst fees. legal unpaid for solicitor the to plaintiff the by owed debt existing the against set-off were damages These $50,000. approximately at damages assessing claim, trial, Justice Macaulay upheld the plaintiff’snegligence day eight an After disbursements. and fees his of payment secure to order in solicitor the by property her over placed caveat a remove to plaintiff the by application an and litigant aself-represented by made asolicitor against negligence professional of claims involved proceedings These Professional Liability List Liability –Professional all cases List. Liability Professional the in managed also were Court Commercial the in managed formerly professionals taxation against 2016, 1April claims From

Initiations Finalised In list 30 June 30 list In 2014-15 43 40 69 2015-16 44 44 69 Difference 4 0 1 Variance 10% 2% 0%

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-7% -6% -18% Variance -5 -8 -31 Difference ANNUAL 39 REPORT 2015–16 71 139 134 2015-16 76 170 142 [2015] VSC 600 [2015] 2014-15 SIGNIFICANT CASES Re Mahoney This proceeding involved an application for a declaration that the executor of the estate of the deceased was estopped from denying representations made by the deceased to the plaintiff regarding farma the of disposition property that upon her death. Alternatively, the executor engaged in unconscionable conduct in taking advantage of the deceased’s special disability, being old age and vulnerability, and receiving the farm property by inter vivos transfer for no consideration; or exerted undue influence over the deceased. The plaintiff successfulwas in all claims and, on the basis of proprietary estoppel, Justice McMillan declared thatthe farm property was held on constructive trust as to one of two equal undivided shares as tenants in common for the plaintiff. VSC 5 Re Gillam [2016] Pursuant (Vic), of the to this s 21 Wills Act application 1997 involved an application for a statutory will in circumstances where the propositus, by her attorney, entered into a matrimonial property settlement with her husband in Family Court proceedings instigated by him. Whereas the propositus’ will had previously bequeathed a third of the residue of the estate to her husband, the statutory will did not make provision for him in light of the settlement in the Court. Family W.E. Pickering Nominees Pty & Ors Ltd VSC 71 v Pickering & Ors [2016] This proceeding involved an application by a trustee to vary the terms of a trust deed pursuant alternatively to s 63, or, (Vic).s 63A The of the Act Trustee proposed 1958 variation was consented to by the beneficiaries of the trust but would affect the interests of any potential unborn beneficiaries. In considering the application of the provisions, Justice McMillan considered the correctness of a decision of a single judge of this Court as well as the principle of comity in respect of decisions interpreting a similar provision in New South Wales. Her Honour held that the variation to the trust deed was not in the interests of the potential application. the dismissed and beneficiaries unborn In list 30 June Initiations Finalised

Trusts, Equity and Probate List – all cases 100% 100% 100% Variance 21 73 48 Difference 21 73 48 2015-16 0 0 0 2014-15 matters where a caveat has been lodged against the making of a grant of probate applications for an informal will to be admitted to probate applications for revocation (cancellation) of a grant of representation applications for limited grants rectification(correction) of wills owing to a clerical error or a failure to give effect to the testator’s instructions in preparing will the applications by a trustee for the determination of a question arising from the administration of the estate or for the approval of a transaction already made applications regarding the construction of wills that are ambiguous removal or discharge of an appointed executor or administrator who can no longer carry out their duties in administering the deceased’s estate applications for thenamed executor in a will to be passed over because they have not applied for a grant of probate after a lengthy delay. SIGNIFICANT CASES Owners Corporation (PS501391P) v Balcombe Owners Corporation (PS501391P) 384 VSC [2016] In this AirBnB related case, Justice Riordan held that the owners’ corporation did not have the power to make a rule banning short term letting. [2016] VSC 313 Swan v Uecker [2016] In this proceeding, Justice Croft found that a tenant had breached the terms of the lease by sub-leasing the property to third a party via the AirBnB website. Accordingly, his Honour granted an order of possession to the landlord. Initiations

Finalised In list 30 June TRUSTS, EQUITY AND PROBATE LIST PROPERTY LIST • • • • • • • • Judge in charge: Justice McMillan The Trusts, Equity and Probate List (formerly the Probate List until provides 1 April specialist 2016) management of matters involving wills, deceased estates, charitable and other non- trusts. commercial Examples of the types of cases managed include: • Judge in charge: Justice Riordan Associate judge in charge: Associate Justice Derham The Property List was established on to manage 1 April 2016 a variety of disputes in relation to rights over real property. These disputes include proceedings for summary possession or sale under the rules and proceedings arising under the (Vic) (Vic),Propertythe of Act Land Act Law Transfer 1958 1958 (Vic).and the Sale of Act Land 1962 Property List – all cases SUPREME COURT OF VICTORIA COURT OF SUPREME 38 TESTATORS FAMILY MAINTENANCE LIST Judge in charge: Justice McMillan Associate judge in charge: Associate Justice Derham SIGNIFICANT CASES All applications for further provision out of a deceased estate under Part IV of the Administration and Probate Act 1958 are managed in Thompson v Thompson [2015] VSC 706 this list. The Act allows the Court to order that provision be made out of the estate of a deceased person for the proper maintenance This proceeding involved an application by the deceased’s WORK OF THE SUPREME COURT and support of certain limited classes of persons for whom the second wife who was granted a life interest in the deceased may have had a moral duty to provide. deceased’s interest in a property where the adult children of the deceased asserted competing needs. Orders were Testators Family Maintenance List – all cases made granting an extended portable life interest in the property to the applicant in line with authority in New 2014-15 2015-16 Difference Variance South Wales: Crisp v Burns Philp Trustee Company Ltd Initiations 397 382 -15 -4% (NSWSC, 18 December 1979, unreported). Finalised 152 449 297 195% In list 30 June 388 321 -67 -17%

Directions hearings in the Testator Family Maintenance (TFM) VALUATION, COMPENSATION AND PLANNING LIST List proceedings are managed by associate judges from the Judge in charge: Justice Emerton interlocutory stages and through mediation where most cases The Valuation, Compensation and Planning List manages are settled. Where estates are small (i.e. $500,000 or less) they proceedings that involve the valuation of land, compensation are referred to mediation by a judicial registrar or associate judge. for the resumption of land, planning appeals from the Victorian During the reporting period there was an increase in the Civil and Administrative Tribunal (VCAT) and disputes involving number of TFM matters successfully resolved through mediation. land use or environmental protection. There were 80 TFM mediations conducted, of which 66 resulted in settlement. A success rate of 83 per cent, this is a significantly Valuation Compensation and Planning List – all cases positive outcome and demonstrates the value of judicial-led 2014-15 2015-16 Difference Variance mediation. Initiations 24 19 -5 -21% The associate judges also approve compromises in TFM Finalised 16 30 14 88% applications. Most matters are dealt with administratively in In list 30 June 48 37 -11 -23% chambers without the need for parties to appear in person. The number of directions hearings needed for the management of cases in the list has been reduced and the number of matters finalised in the year under review increased by 195 per cent. SIGNIFICANT CASES The 2015 changes to eligibility criteria for Part IV/TFM claims still have an impact on statistics, as evidenced below by the Port of Melbourne Corp v Melbourne City Council steady decline. & Valuer General Victoria [2015] VSC 714

Hearings listed Justice Emerton decided that the site value of the Port 2014-15 (associate judge) 1,496 of Melbourne was to be determined on the basis of the 2015-16 (associate judge) 1,009 value of the land in its condition at the time of European settlement.

Metropolitan Fire and Emergency Services Board v Yarra City Council & Ors [2015] VSC 7731 SIGNIFICANT CASES Justice Riordan determined a preliminary issue concerning whether the plaintiff was entitled to claim Smith v Jones [2015] VSC 398 losses consequent upon remediation of contaminated land This proceeding involved an application by an adult on the basis of breaches of various alleged duties of care daughter and an adult grandchild for further provision and provisions of the Environment Protection Act 1970 (Vic). from the estate of the deceased. The deceased made promises to the adult daughter to the effect that she would receive an equal share of the estate with her two brothers and reassured her that she would be looked after following both her and her son’s sexual abuse at the hands of the deceased’s husband. Justice McMillan ordered further provision for both applicants. Her Honour’s decision was subsequently upheld on appeal in Jones (a pseudonym) v Smith (a pseudonym) [2016] VSCA 178. 1 Application for leave to appeal heard by the Court of Appeal in July 2016.

40 SUPREME COURT OF VICTORIA WORK OF THE SUPREME COURT

ANNUAL 41 REPORT 2015–16 (Vic), (Vic) Corrections (Vic). and Act Witness 1986 Protection Act 1991 CASE CONFERENCING MULTIPLE LISTING PROCEDURES LISTING MULTIPLE Judges in the Division preside over jury trials and are responsible for ensuring that all parties comply with the rules of evidence and procedure, instructing the jury and sentencing offenders who are found guilty by a jury or who plead guilty before a judge. On occasion, judges will preside over a hearing without a jury where defence. the and prosecution the between impairment mental consent is there In addition, judges hear applications and reviews under various criminal legislation, such (Vic), as the BailAct 1977 Surveillance Devices Act 1999 (Vic), (Vic) Crimes (Mental Impairment1997 Tried) and (CMIA), Unfitness Actto be Major Crime (Investigative (Vic), Act Powers) 2004 (Community Protection) Terrorism Act 2003 The Division, through its supervisory jurisdiction, oversees the management of people on supervision orders under the Crimes (Mental Impairment and Unfitness (Vic). The Act beto CMIA Tried) 1997 applies when a person accused of a crime is unfit to stand trial because of a current mental illness or cognitive impairment; or they committed the crime but were suffering from a mental impairment at the time of the offence. of the case conference to the trial judge. The facilitator’s role is to assist the parties inexploring the issues involved in the case and considering whether any of those issues can be resolved. The process is entirely voluntary and confidential. Case conferencing is another case management initiative implemented by the Division this The year. current model is based on the Supreme Court of Western Australia’s voluntary criminal case conferencing process (VCCC) which aims to resolve issues in criminal cases speedily and, in some cases, avoiding the need for a trial altogether. Case conferences in this Court are conducted by a reserve judge (the facilitator). Once a matter is identified as suitable for case conference by the principal judge of the Division, the matter will be referred to the facilitator with the consent of the prosecution and the defence. The facilitator is neutral and does not provide legal advice, nor will he or she disclose any information obtained during the course Since the March Division 2015, has implemented a ‘multiple listing’ procedure in an endeavour to use the time lost by trials not proceeding, and to ensure that courtrooms and judicial resources are utilised to the greatest possible extent. The procedure involves the prosecution identifying a number of cases cases these listing based judge listing on criminal the then and potential resolution their alongside similarly categorised cases. From time to time, however, this can result in either a clash of two matters proceeding or cases not being reached. The Division recognises the importance of courtrooms being efficiently utilised but is actively trying to find ways of ensuring that a far higher proportion of cases are effective, thereby reducing or obviating the need for multiple listing. If there is greater certainty about disclosure, witness availability, the charges to be relied upon, the Division will need fewer double-listed cases. (until August 14 2015) Judges:

(from August 17 2015) Reserve Bongiorno Justice Coghlan Justice Deputy principal judge: Hollingworth Justice Judges: King Justice Justice Croucher Justice Beale Justice Jane Dixon Principal judge: Justice Lasry TRIAL DIVISION – CRIMINAL – DIVISION TRIAL Disclaimer: Any discrepancies between figures reported in this section of the report, compared those to presented in the previously published annual reports, are due the to further refinement of the Court’s statistics after their publication. most serious criminal matters including murder, attempted murder, manslaughter manslaughter murder, attempted most serious criminal including matters murder, treason. criminal All and cases where the accused guilty pleads are heard not a judge andbefore a jury in Victoria. The also Division has appellatejurisdiction certain over criminal questions cases law of from the Magistrates’ involve that Court Court Victoria. and of the Children’s The the Criminal of Supreme Division Court has original jurisdiction the over SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 40 40 WORK OF THE SUPREME COURT the metropolitan area. area. metropolitan the outside days sitting 46 of atotal for sat and Wangaratta and regional centres of Geelong, Shepparton, Bendigo, Morwell the in cases heard year, judges the During communities. local of needs the meet to order in basis aregular on Victoria across centres 12 to up regional visit to continues Division The Trials and pleas and Trials 42 pleas and Trials utilised. efficiently are resources judicial and courtrooms that ensure to trials of listing double implemented has Division The forward. matter adifferent bring to late too is it and proceed not do listed trials when aproblem remain guilty of pleas Late trial. the during guilty 11 in pleaded involved cases 14 defendants 2014-2015 in year. particular, In reporting 62 defendants involving pleas 44 to compared defendants, 50 involving hearings plea 40 of disposed Division the review, under year the In judges. reserve the from and divisions other from assistance judicial the and procedures listing double improved from results improvement the that believes Division The persons. 88 involving outstanding 59 cases with ended which year last from improvement asignificant is This defendants. 65 involving matters outstanding 44 has 2016, Division June 30 at the As year. previous the 114 involving defendants cases 86 to year, compared reporting this defendants 98 involving cases 81 finalised has Division the Overall, year. last conducted trials of number the than less one defendants, 48 involving trials 41 criminal conducted Division the 12 months, last the Over steady. relatively remained has For the second consecutive year, the Division’s trial workload trials. criminal hear to Court County the in courtrooms three to up leasing been has Division the meantime, the In future. near very the in required be will courts criminal permanent additional that such is demand in growth the but trials, criminal for use of capable are Court Supreme the in courts five Only building. Court Supreme the in courts criminal adequate of lack the is faces Division the challenges ongoing the of One expeditiously. cases criminal in issues the narrow to process useful a still is it conferencing, case at resolved cases all not Although conferencing. case to referred been have matters To three date, CASELOAD 2015-16 2014-15 2013-14 2012-13 2011-12 2010-11 2009-10 SUPREME OF COURT VICTORIA 38 (44 persons) (44 38 46 (57 persons) (57 46 42 (52 persons) (52 42 38 (43 persons) (43 38 34 (36 persons) (36 34 54 (65 persons) 54 41 persons) (48 finalised Trial Trial 40 (50 persons) (50 40 48 (60 persons) 48 44 (62 persons) 44 43 (63 persons) 43 57 (82 persons) (82 57 55 (6555 persons) 56 (6256 persons) finalised Pleas Pleas 89 (10189 persons) 94 (106 persons) 103 (139 persons) 102 (125 persons) 86 (11486 persons) 81 (106 persons) 81 persons) (98 Total matters Total matters finalised

or the Common Law Division to hear matters where possible. possible. where matters hear to Division Law Common the or Appeal of Court the from resources judicial reallocate to Court the for necessary been has it demand, additional this meet to order In defendants. more or two involving cases in particularly trial, to prior management case active the despite trials, of length the in increase asignificant seen have years Recent since the last reporting year. reporting last the since 11 by cent per increased has applications bail of number The bail. on decision aMagistrate’s against appeals and bail of avariation for applications bail, for applications included which Act Bail the under 122 of applications atotal heard Division the 2015-16, year. During 2009-10 since reporting Division the by heard applications bail of number the identifies below table The offenders. child to relation in determinations bail making in account into taken be to considerations specific introduced and bail of condition a contravening of offence the from children for exemptions made amendments the addition, In years. five previous the within bail answer to failing of guilty found been have they if position cause show in a offence’ a ‘serious with charged adefendant places also Act Bail new The years. two to 12 from months bail answer to failing for penalty maximum the increased and bail of grant the justifying circumstances 2003 Act (Vic) to Protection) demonstrate(Community exceptional Terrorism the under offences certain with charged those 2012 Further, amendments 1977 toBail Regulations Act the Bail and (Vic) closely. monitored be will directions practice these of impact The electronically. Registry the with filed be to materials for allows also Note Practice new The date. that after or on bail to respect with applications all to applies and No. 2004 Note 5of Practice replaces Note Practice new The efficiently. and effectively more applications bail conduct to Division the of judges the enable better to designed is which 11On 2016, No. 2016 Note 8of April Practice issued, was Registry. the in system the to made be could improvements where areas identified and procedures and process application bail its reviewed Registry Criminal Court 2016, Supreme the early In hearing. asame-day to expedited generally are applicant ill amentally or achild involve which Applications affidavit. supporting and application an of receipt of weeks two to one within heard usually are bail for Applications applications and other confidentialapplications. order powers coercive applications, protection witness applications, devices surveillance applications, bail as such areas over jurisdiction supervisory has Court the pleas, and trials criminal conduct to jurisdiction original its to addition In applications Bail (Vic) commenced on 2 May 2016. The amendments require require 2016. 2May amendments on The commenced (Vic)

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, 16 14 27 28 22 30 34 heard 49 55 46 46 44 of matters 66* 52* Total numberTotal applications Other covert 19 12 15 14 26 24 24 ANNUAL 43 REPORT 2015–16 Other applications 61 67 78 62 72 70 99 , and applications for compensation under the 3 4 8 2 2 7 11 applications . Reviews Reviews including Surveillance devices major reviews There may be issues with the accuracy of these figures due to the implementation of the Integrated Court Management System. This includes applications under the Major Crime (Investigative Powers) Act 2004 Witness Protection Act 1991 Sentencing Act 1991

2009-10 2010-11 2011-12 2012-13 2012-13 2013-14 2014-15 2014-15 2015-16 2013-14 2009-10 2010-11 2011-12 2015-16 Surveillance devices covert and applications** NOTE: Applications heard concurrently with the reviews were countedreviews. under The data above needs to be considered cautiously in that it doesnot include special hearings under the CMIA which are operated jurisdiction. criminal underDivision’s the * ** Crimes (Mental Impairment and UnfitnessTried) to be matters For the first time since the 2009, Division saw a slight decrease in the number of matters heard under the Crimes (Mental (Vic)Impairment1997 Tried) and (CMIA). Unfitness Actto be During the reporting the year, Division heard a total of 30 matters under the CMIA, compared to 34 in the previous year. Over time, the total number of people subject to supervision orders under the CMIA continues to grow, with more new supervision order made each year than orders revoked. The majority of the applicants and reviewees are represented by Victoria Legal Aid, who have extensive experience in working with people with mental illness, intellectual disability and cognitive impairment in the criminal and civil justice system. Matters under the Crimes (Mental Impairment and Unfitness Act beto 1997 Tried)

51 70 90 85 110 122 102 Total numberTotal of bail applications heard – 11 less than – 11 the previous reporting year. (Vic), (Vic), Witness Protection Act Independent 1991 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 including applications under the Major the Crime under (Investigative applications including (Vic), ActPowers) 2004 (Community Terrorism Protection) Act 2003 Broad-based (Vic) Anti-corruption and Commission Act 2011 (Vic).Corrections It is important Act 1986 to take into account that some of the covert matters, such as contempt matters under section of the 49 Major Crime (Investigative Act Powers) 2004 (Vic), often require a significant amount of judicial and other resources to prepare and hear. Other covert applications During the the year, Division heard 44 other various covert matters, The Surveillance (Vic) Devices (SD Act) Act 1999 regulates the use of surveillance devices in the state of Victoria and makes provision for warrants and emergency authorisations permitting the installation, use, maintenance and retrieval of surveillance devices by five state law enforcement agencies. Each agency is required to report to the judge who issued a warrant under the SD Act by a date specified in the warrant. During this reporting the year, principal users of surveillance devices were Victoria Police and the Independent Broad-based Anti-Corruption Commission (IBAC). The power to issue a surveillance device warrant is vested in judges of this Court or in the Magistrates’ Court where the warrant is for a tracking device only. The SDAct imposes a regime of strict supervision regarding the use of surveillance devices, including a requirement for the Victorian Inspectorate to perform independent inspection of agency records, assess statutory compliance and report compliance results to parliament bi-annually. The regime also requiresthe involvement of the Public Interest Monitor in the covert application process, with the purpose of providing an additional level of scrutiny and oversight. In the year under review, the Division finalised61 applications SD Act the under Surveillance devices applications Bail applications SUPREME COURT OF VICTORIA COURT OF SUPREME 42 SIGNIFICANT CASES

DPP v McDermott [2016] VSC 489 Similarly there was an unsuccessful attempt to fraudulently refinance and obtain lending facilities from Westpac Bank The accused, Craig McDermott, was charged with the murder in excess of $50 million. There were also several fraudulent

WORK OF THE SUPREME COURT of his ex-partner outside a shopping centre in Sunshine, hire purchase agreements entered into on the basis of false Victoria on 16 April 2014. The accused and the deceased had financial documentation. attended the Sunshine Magistrates’ Court that morning, where the deceased had been granted a final family violence In 2013, Steve Illiopoulos was charged with 13 counts of intervention order against the accused. The proceeding obtaining a financial advantage by deception – both finance was notable for the length of the trial, which was conducted and equipment charges. Bill Bariamis was charged with amidst a climate of heightened public awareness on family three counts of obtaining a financial advantage by deception, violence. being finance charges only. Steve Illiopoulos and Bill Bariamis were also charged with one count of attempting The first trial before Justice Jack Forrest in November 2015 to obtain a financial advantage in relation to Westpac loan was aborted after five sitting days and following six days of facilities. Peter Illiopoulos was charged with seven counts pre-trial argument. His Honour discharged the jury after a of obtaining a financial advantage by deception, being critical witness became unavailable to give evidence. equipment charges only. In the interim, between the end of the first trial and start Later that year, Loukia Bariamis pleaded guilty to three charges of the re-trial, the Royal Commission into Family Violence of obtaining a financial advantage by deception in relation to report was tabled in parliament on 30 March 2016. In April the frauds committed on the CBA and was sentenced to six 2016, the Federal Government announced and launched years’ imprisonment with a non-parole period of four years. a television ad campaign targeting domestic violence. Steve and Peter Illipoulos and Bill Bariamis pleaded not guilty The re-trial commenced on 6 April 2016 before Justice Jane to all charges, and the matter proceeded to trial before a Dixon, after two further days of pre-trial argument. In the jury. The Crown case was put on the basis of joint criminal course of 33 sitting days over eight weeks, the jury heard enterprise and the main Crown witness was Loukia Bariamis. evidence from 59 witnesses including from the accused, and The central issue in the trial was whether each accused had 60 exhibits were tendered. Twelve rulings were delivered in participated in the fraudulent scheme orchestrated by Loukia the course of the proceeding over both trials – six by Justice Bariamis. The jury heard evidence over the course of 10 weeks. Jack Forrest and six by Justice Jane Dixon. During the course of the trial, Justice Kaye was required During the course of the second trial, counsel for the to give a number of rulings, including whether to give an accused made two applications to discharge the jury arising unreliability warning under section 165 of the Evidence Act from media coverage of the trial. In each instance, her 2008 (Vic). Justice Kaye ruled that a warning of that kind Honour ruled that the high degree of necessity required to would be given to the jury in relation to evidence of witnesses discharge the jury had not been established and that any that had been encouraged by police to ‘brain-storm’ together risk of unfair prejudice to the accused would be cured by to improve the prosecution case against Bill Bariamis. curative warnings given during the course of the trial and during final directions. On 26 May 2016, following two days The jury deliberated for more than 10 days before returning of deliberations, the jury found the accused guilty of murder. verdicts in relation to Steve Iliopoulos and Bill Bariamis. The jury found Steve Illipolous guilty of 11 counts of obtaining a financial DPP v Iliopoulos & Bariamis [2016] VSC 447 advantage by deception and Bill Bariamis guilty of two counts. The jury also found both accused guilty of one count each In the early part of 2016, Justice Kaye presided over a 10 of attempting to obtain a financial advantage by deception. week jury trial concerning a large commercial fraud against Steve Iliopoulos was acquitted of two counts of obtaining several banks involving three co-accused, Steve Iliopoulos, a financial advantage by deception and Bill Bariamis was Vasilis (Bill) Bariamis and Peter Iliopoulos. acquitted of one count. Steve Iliopoulos established, and was the effective owner of, Peter Iliopoulos was discharged following a successful no the Viking Group of Companies (Viking Group), which was a case submission. Steve Iliopoulos and Bill Bariamis were network of transport and logistics companies. Co-accused found guilty of several counts of fraud each and sentenced Peter Illiopoulos (his son) and Bill Bariamis also occupied on 9 August 2016 by Justice Kaye. senior positions within the Viking Group. Bill Bariamis’ wife, Steve Iliopoulos was sentenced to a total effective sentence of Loukia Bariamis, was a qualified accountant, assumed the role 11 years’ imprisonment, with a non-parole period of seven of Chief Financial Officer and had been involved in a large years. This sentence was imposed in relation to 11 counts of fraud against the Australian Tax Office. obtaining a financial advantage by deception and one count of The Viking Group expanded exponentially within a short period attempting to obtain a financial advantage by deception. and suffered chronic cash flow problems. At the instigation Bill Bariamis was sentenced to a total effective sentence of of Loukia Bariamis, frauds were perpetrated against several six years and five months of imprisonment, with a non-parole banks to remedy the cash flow issue. The primary victim period of four years. This sentence was imposed in relation was the Commonwealth Bank of Australia (CBA). to two counts of obtaining a financial advantage by deception On the basis of falsified financial documentation, expanded and one count of attempting to obtain a financial advantage lending facilities were approved by CBA in excess of $30 million. by deception.

44 SUPREME COURT OF VICTORIA WORK OF THE SUPREME COURT

. ANNUAL 45 REPORT 2015–16 . matters referred by Division a Trial judge. those within the original jurisdiction of an associate judge case management of Common Law and Commercial Court proceedings formerly in the Civil Management List (CML) management of Personal Injuries and Dust Diseases applications (PIL) adjudication of interlocutory disputes and other applications within the appeals matters and review judicial including jurisdiction, judges’ associate the corporations jurisdiction, including Oppression List matters (CORPS) management of Testator Family Maintenance (TFM) proceedings under Part IV of the Administration and Probate Act 1958 case management of matters in the Employment and Industrial List (EIL) judge-ordered mediations.

JUDICIAL REGISTRARS JUDICIAL ASSOCIATE JUDGES • Judicial registrars are judicial officers of the Court whose jurisdiction and role is set out in Division Part 7, 2A of the Supreme Court Act 1986 Each judicial registrar is assigned to a particular division of the Court and plays a crucial part in administrating that division. Some judicial registrars conduct mediations or public examinations under the Act 2001 Corporations Most critically, judicial officers can appropriately delegate certain less complex functions, or refer specific powers, to judicial registrars(as to associate judges). This strategy allows judges to devote more of their time to tasks, hearings and matters for which delegation or referral is not appropriate or possible. This in turn increases the efficiency of the Court, reduces the duration of matters in the Court’s lists and allows more matters to be heard and resolved. Associate judges (with the exception of the Costs Court judge, Associate Justice Wood) undertake trial work (in both the Commercial Court and Common Law Division). work Trial falls into two main categories: • Associate judges are integral in the efficient processing of civil matters heard in the Supreme Court. They also hear a large number of interlocutorymatters in both the CommonLaw Division and the Commercial Court. Many matters are finalised in the associate judges’ jurisdiction without the need for referral lengthy litigation.or Associate judges are actively involved in: • • • • • • • Judicial registrars: Gourlay Registrar Judicial Ware Registrar Judicial Hetyey Registrar Judicial Associate judges: Associate Justice Efthim (also the Senior Master) Associate Justice Wood Associate Justice Lansdowne Associate Justice Daly Associate Justice Gardiner Associate Justice Mukhtar Associate Justice Randall Associate Justice Ierodiaconou Principal associate judge: Associate Justice Derham FURTHER JUDICIAL WORK Disclaimer: Any discrepancies between figures reported in this section of the report, compared those to presented in the previously published annual reports, are due the to further refinement of the Court’s statistics after their publication. Associate judges and judicial registrars perform animportant in case role management, mediations and management the of registries within the Court. SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 4444 WORK OF THE SUPREME COURT 46 • • • • • • • • • • • • • • • including: Court Practice the in heard are matters of range A wide lists. specialist from referred are matters interlocutory Some list. aspecialist to allocated otherwise not matters interlocutory and final involving applications hear 2to Court in afortnight days nine sits Court Practice judges’ associate The Judicial registrar: judges: Associate 2015-16. in hearings of number reduced the explains list this of abolition then and down winding The applications. interlocutory any hears and management its for directions makes then who judge, associate an to cases such assigns Court The date. atrial given is case the until Court Practice their in judges associate by managed be to continue List Management Civil former the in cases Civil trial. eventual and management for law of area that in specialises that list ina officers judicial to assigned are cases civil Complex possible). (where list that to assigned judge the by tried is it settle, not does list aspecialist in acase If list. that to assigned judges and judges associate by managed are and list aspecialist in commenced now are cases civil Most 2016. July by 1 completed 2016, of was half and first the over effect took 2016. reorganisation That February 23 from 2015 abolished late and from down wound was list the cases, civil for lists specialist reorganised of use greater to Court the by move aplanned with conjunction In trial. for ready were they until managed were writ by commenced cases defended most which in list the formerly was List Management Civil The judges: Associate CIVIL MANAGEMENT LIST GENERAL APPLICATIONS GENERAL

2015-16 2014-15 Hearings listed SUPREME OF COURT VICTORIA examination of debtors. judgments of enforcement the for procedures various service for writs of validity the extend to applications court in securities or moneys of out payment the for orders land of possession of recovery covenants of restrictive or modification discharge matters Appeals and Review Judicial other of management VCAT from appeal to leave for applications applications costs for security applications judgment summary subpoenas and disputes over discovery disputes over pleadings parties of joinder process legal to amendments process foreign and domestic of service

Associate Justice Mukhtar Justice Associate Associate Justice Lansdowne Judicial Registrar Gourlay Associate Justice Ierodiaconou Justice Associate Derham Justice Associate Mukhtar Justice Associate Associate Justice Lansdowne 1,228 339

manner, and to ease the caseload burden of other chambers. other of burden caseload the ease to and manner, atimely in heard are trials set ensure to necessary where trials on takes also Honour Her judges. Division Law Common to trials civil of management case and directions) pre-trial (including hearings interlocutory conducts Daly Justice Associate judge: Associate Associate judges: Associate need for judgment writing. judgment for need agreater to rise given has applications substantive in increase the However, work. trial of conduct the and fixtures special as such matters, complex more to time more devote to them allowing judges, associate the from matters minor of relief some provided has This writs. of validity the of extensions and service substituted for applications in –particularly judges associate the of practices of areas some of performance the in assistance provide to powers increased have registrars 2015, Rules Procedure) No. 103/2015, S.R. 84.02 Order Civil (General Court Supreme of introduction the Since mediation. mediation. judicial for judge atrial by referred generally are matters These disputes. difficult to solution aworkable reach to parties the for environment and structure flexible user-friendly, the to mainly due is This mediation. private at settle to failed previously had that matters resolving in achieved be to continues Success managing their mediations and other responsibilities. direction of the judicial officer, assist to judicial officers with the at process, the in included is co-mediator The resources. judicial of use effective and efficient most the ensures manager (ADR) Resolution Dispute Appropriate the by Co-mediation litigants. and Court the of benefit the to mediations judicial to access timely more enabled has which mediators judicial of numbers the in increase agradual been has there years, recent In structure. mediation efficient and arobust building towards made been has progress signifcant and Court Supreme the within practice of area established an now is mediation Judicial manager: (ADR) Dispute Resolution Appropriate Judicial registrars: CIVIL TRIAL LISTINGS MEDIATIONS 2015-16 2014-15 Hearings listed Associate Justice Daly Justice Associate

Nicholas Day Nicholas Judicial Registrar Hetyey Judicial Registrar Ware Judicial Registrar Gourlay Ierodiaconou Justice Associate Gardiner Justice Associate Wood Justice Associate Efthim Justice Associate 1,589 1,393 , judicial

WORK OF THE SUPREME COURT

ANNUAL 47 REPORT 2015–16 to fix solicitor-client costs to Legal Profession matters commenced Act were 2004 and continue to occupy much of Associate Justice Wood and 131 were resolved.131 There were no referrals during the financial year to the Legal Services Commissioner for conduct issues. The Uniform Act established a new Legal Costs Committee under sections Associate 92 to 96. Justice Wood was appointed the Chief Justice’s nominee to chair the committee. The committee can make changes to the Professional Services Legal the with consultation after Order Remuneration Board. It can advise all the Courts in relation to changes or increases in amounts in the scales. The Supreme Court and the County Court made a number of orders referring costs applications pursuant to section 134AB(30) The changes have streamlined listings and resulted in savings to litigants by reducing the time before the matters are considered. All inter-partes bills of costs are now listed directly on filing. Bills for costs of less than $30,000 are listed directly for assessment on the papers. All other bills are listed for mediation or case conference. This process expands upon the changes commenced and continues during to be effective 2013-14 in settling matters expeditiously. Case conferences conducted costs by registrars achieving are a settlement rate of close to per 70 cent. In addition, small bills taxations and assessments on the papers were conducted by costs registrars. Such measures have helped to reduce the amount of time for matters to be disposed resulting of, in lower costs for parties. Further, early settlements have led to a reduction of court time spent on the taxation of costs. The impact of the Legal Profession Uniform Application Act 2014 hasfrom yet 1 July to be seen 2015 in the Costs Court. Matters issued for a costs review pursuant to the Legal Profession Act 2004 Judicial Registrar Gourlay’s time. The complexity of such matters can result in the need for extended hearings. One hundred and seven of the Accident Compensation Act the Costs Court due to increases in number and complexity of papers. the on with dealt were These applications. the The reduction in overall listings and the use of assessments on the papers, case conferences and mediations has freed up Associate Justice Wood to conduct more than mediations 70 in relation to Commercial Court, Common Law Division and Court of Appeal matters during the financial year. This mediation figure is higher than any previous year. In addition, Judicial Registrar Gourlay has been able to conduct mediations in the Part IV and Commercial Court. Judicial Registrar Gourlay hears matters referred from Court 2 to assist the associate judges in that area, andhas again provided leave cover to the judicial registrar assigned to Funds in Court, and acted as the judicial registrar in the Court of Appeal and Funds in Court after resignations of the incumbents until replacements appointed. were theAt request of the Law Institute of Victoria, a Costs Court Users Group meeting was convened in November It was 2015. agreed that further meetings would be held when issues arose, but to date no further request to meet has been received.

Proceeded 236 (61% settled) 236 (61% 217 (65%217 settled) 312 330 Listed Associate Justice Wood Gourlay Registrar Judicial

to narrow issues and seek resolution of matters. 2014-15 2015-16 COSTS COURT COSTS Act 2010 A Notice to the Profession detailing changes to listing procedures was implemented from March 2016. Judicial registrar: Judicial The Costs Court hears and determines disputes arising from costs orders made in court proceedings in addition to costs clients. their and practitioners legal between disputes During the the year, two cost registrars relocated to the Registry and became integrated into its activities. Now that the Prothonotary and registrar roles have been merged they are responsible for this work as well as their Costs Court duties. The Costs Court continued the move away from an initial call over of all matters, changing the focus to obtaining directions and a hearing date to encourage earlier settlement. Generally only costs reviews issued under the Legal Profession Act 2004 or the from Legal Profession 1 July Uniform Application Act 2014 are referred2015 to call over and listed for hearing or referred for mediation or case conference. Many of these matters settle. This change accords with the obligations under the Civil Procedure Associate judge: The Court’s judicial resources are often overloaded, limiting the ability of the Court’s capacity to deal with matters. This occurred in one instance where two matters listed for trial be accommodated. not could Each matter was estimated for both away, matters parties the days send trial. than 12 Rather were referred for judicial mediation where both matters were resolved. The Court mitigated resourcing problems and saved 24 days of trial sittings, as well as judgment writing time. There has been a large increase in the number of judicial mediations of Commercial Court matters. During 2014-15, commercial109 mediations this were held. In 2015-16 increased commercial to 152 mediations, comprising per49 cent of all mediations for the year. mediationsOf the 312 listed, a number were either vacated or adjourned. Though they did not proceed, the management of parties, the between communication encouraged cases these which often led to a resolution or a narrowing of the issues. An estimated 636 trial days were saved, compared to 985 days in the previous reporting period. The high number in 2014-15 is attributed to the resolution of bushfire class actions where a saving of 300 days was achieved. The estimated judgment writing time saved through these commercial matters is significant. Mediations SUPREME COURT OF VICTORIA COURT OF SUPREME 46 Taxation of costs – initiations Party/Party Taxation Solicitor/ Total Client SIGNIFICANT DECISIONS SCV CCV MCV VCAT Taxation Associate Justice Wood granted an application for a gross Jul-15 16 14 0 5 10 45 costs of trial order in the matter of Wieland v Texxcon Pty Aug-15 20 9 1 1 9 40 Ltd; Nominexx v Wieland (No 2) [2016] VSC 109. WORK OF THE SUPREME COURT Sep-15 17 5 1 1 15 39 Judicial Registrar Gourlay heard the gross costs Oct-15 12 7 3 2 9 33 assessments in Amcor v Hodgson. Both of these assessments were underway at the end of the reporting period. Nov-15 26 10 0 2 10 48 Costs Registrar Conidi conducted successful mediations Dec-15 15 7 5 2 11 40 of the costs of bushfire class actions –Thomas v Powercor Jan-16 13 10 2 1 6 32 Australia Ltd (Horsham Bushfire on Black Saturday) and Place v Powercor Australia Ltd (Weerite Bushfire on Black Feb-16 19 11 3 14 15 62 Saturday). These settlements each saved approximately Mar-16 17 9 2 2 4 34 50 days per matter of taxation. Apr-16 17 7 4 2 7 37 May-16 24 11 2 2 7 46 Jun-16 17 5 2 2 4 30 Total 213 105 25 36 107 486

Taxation of costs – finalisations Party/Party Taxation Solicitor/ Total Client SCV CCV MCV VCAT Taxation Jul-15 22 11 1 2 8 44 Aug-15 16 12 1 2 12 43 Sep-15 15 11 3 1 14 44 Oct-15 25 8 2 5 8 48 Nov-15 10 11 1 2 15 39 Dec-15 17 6 1 1 10 35 Jan-16 10 2 0 5 4 21 Feb-16 16 5 1 2 15 39 Mar-16 21 14 5 2 7 49 Apr-16 18 7 2 11 16 54 May-16 20 18 5 5 9 57 Jun-16 20 8 3 2 13 46 Total 210 113 25 40 131 519

48 SUPREME COURT OF VICTORIA SERVICE DELIVERY STRUCTURE

SERVICE DELIVERY STRUCTURE ANNUAL 49 REPORT 2015–16 SUPREME COURT OF VICTORIA VICTORIA COURT COURT OF OF SUPREME SUPREME 4848 SERVICE DELIVERY STRUCTURE 50 appeals and applications criminal to finalise time Median cases. of management closer and 2010-11. reforms the since of cent result per 45 adirect is This by decreased has appeals criminal finalise to time median The practices. Victorian to adjusted were but process appeal criminal English the on modelled were reforms The appeals. criminal of management closer the through delays court reducing at 2011 aimed were and February in commenced Reforms Appeal Criminal Ashley-Venne The appeals and applications civil to finalise time Median cases. of management closer much the and reforms the of 2015-16. in result months 5.85 to adirect is This reduced 7.87 was months, 2014-15,In timeframe median the 2013-14. in 10.35 months from decreased steadily has appeals civil of finalisation to time median the statistics the in seen be can As matters. finalise to time median the reducing while appeals civil of management and filing of efficiency the increase to was reforms the of goal Amajor appeal. to leave for applications including applications, civil of management and filing the for procedures and practices rules, Court’s the to changes major incorporated and 2014 November in introduced were Reforms Appeal Civil The matters. administrative other the and legal for responsible –one registrars deputy two and associate an by assisted is Irving Registrar 2016. March Judicial in Appeal of Court the of registrar judicial the appointed was Irving Ian public. the profession and legal the judiciary, to the services provides and proceedings of Appeal Court the of functions administrative for is responsible the Registry of Appeal Court The FIVE YEARS ON REFORMS: APPEAL CRIMINAL ASHLEY-VENNE ON YEAR ONE REFORMS: APPEAL CIVIL JUDICIAL REGISTRAR APPOINTMENT COURT OF APPEAL REGISTRY APPEAL OF COURT SERVICE DELIVERY STRUCTURE DELIVERY SERVICE (months) time Median Median time (months) SUPREME OF COURT VICTORIA 2010-11 12.53 2011-12 10.74 2012-13 2013-14 7.33 10.35 2013-14 6.75 2014-15 2014-15 7.87 6.01 2015-16 2015-16 5.62 5.85

reduction in storage requirements and subsequent costs. costs. subsequent and requirements storage in reduction a in resulted also has documents of storage electronic The courtrooms. within hearings appeal during technology of use appropriate the maximise will that options explore to investigation is underway Further format. native electronic their in judges appeal for available are documents Appeal email. via is parties with communication registry possible, where and, electronically documents file now Parties environment. demand’ on a‘paper to move Appeal’s of Court the to contributed have reforms appeal criminal and civil The process. appeals the in efficiency increase to appropriate where technology uses Appeal of Court The Read more on page 19. page on more Read procedure. and practice court as well as Court the before cases current discuss and staff registry and judicial with meet to opportunity the had students period, term afixed During year. the during Institute Cussen Leo the and University Victoria from students university of anumber hosted Registry and Appeal of Court The process. acknowledgement email automated an of implementation the following decreased also have receipt email of confirmation verbal request to calls Telephone enquiries. direct resolving in efficiency increased and times waiting call reduced in resulting officer, registry a to connected are they before civil) or (criminal enquiry their of area relevant the identify to able now are Callers updated. been has email and line deliveryservice for users, Court the Registry’s general telephone enhance to technology harness to commitment the with line In TECHNOLOGY EDUCATION AND TRAINING AND EDUCATION SERVICE IMPROVED CUSTOMER

SERVICE DELIVERY STRUCTURE

ANNUAL 51 REPORT 2015–16 (Cth)) mainly (Cth)) involve family members maintenance of a central point of contact for practitioner enquiries and the general public in relation to group proceedings in the Commercial Court maintenance of easily accessible, regularly updated and reliable internal data on each proceeding close liaison with the managing judges’ chambers and assistance management case additional of provision the directions of preparation the to relation in including hearings and interlocutory applications. GROUP PROCEEDINGS GROUP OPPRESSION PILOT OPPRESSION There were nine active group proceedings in the Commercial Registry the with period, reporting the of conclusion the Court at proceedings these for management case enhanced providing proceedings group coordinator. commercial the via specialised provides proceedings The group coordinator administrative and case management support to judges’ including: practitioners, legal to and chambers • • • and collation receipt, the oversees Registry the addition, In logging of opt out notices and notices of objections to settlement. Oppression proceedings (pursuant to section 233 of the Act 2001 Corporations and small businesses where the quantum involved in the matter is often eclipsed by the cost of litigation. In response, the Commercial Court implemented a pilot program in October to streamline 2014 its processes. The initial pilot was so successful that itwas refined and reinstated with a new completion date of August 2017. The Registry provides significant support to the pilot program. Upon initiation, the Registry identifies matters suitable for inclusion in the pilot, drafts a case summary and provides a recommendation to a Corporations List judge. If the judge agrees that a matter should be included in the pilot program, the Registry drafts the referral orders for the matter to be managed by an associate judge and it is then mediated by an associate judge or judicial registrar. The Commercial Court Registry lists the matter for the initial conference, liaises with the parties and sends out the requisite notifications.

COMMERCIAL COURT REGISTRY URGENT APPLICATIONS URGENT COMMERCIAL COURT LIST REMODELLING PROJECTCOMMERCIAL COURT LIST REMODELLING From 29 February urgent commercial 2016, applications were no longer heard in the Practice Court. A Commercial Court duty judge system was introduced, adopting more streamlined procedures. Under the change, Commercial Court staff usually obtain a comprehensive background to the matter and determine if the matter is truly urgent before referring it to the rostered Commercial Court duty judge for a hearing. This change is designed to take greater advantage of the specialist expertise of the Commercial Court to facilitate the expeditious resolution of cases and to reduce costs. Read more on page 16. to providing certainty of litigation timeframes to the parties. Throughout the first theRegistry half of 2016, reviewed the present Commercial Court judge-managed lists to determine if they could be remodelled to provide a more straightforward, user-friendly model of service delivery for chambers, Registry staff and the legal profession. A cornerstone of this initiative was the discontinuance of General Commercial Lists A-E, and the creation of individual commercial lists for each judge in the Division take (to effect on The specialists1 July 2016). lists remain unchanged, other than by the creation of a new Insurance List. The Insurance List will deal with insurance cases involving the construction of particular insurance or reinsurance policies, the legislation determination or relevant the interpretation of of questions of law that may have application to the insurance the general commerciallists and specialist lists. on The built is ethos Registry’s outstanding of the provision customer service. of proceedings tospecialist judges is a priority of the Registry. Cases are allocated (and re-allocated) to Commercial Court proceedings of matter subject the upon depending judges, continually Division The considerations. workload judicial and monitors and assesses trial dates at these meetings with a view sector more broadly, especially where the underlying issue in dispute is of a commercial nature. Effective case management through early and targeted allocation The Commercial Court Registry assists Commercial Court judges managing in SUPREME COURT OF VICTORIA COURT OF SUPREME 50 SERVICE DELIVERY STRUCTURE 52 Committee. Excellence Services Judicial and Courts – Practice of Community the and Committee Development and Learning Court Supreme the including groups working and committees of variety on a sat also staff Registry users. Court Commercial from feedback on discussion ageneral and Proceedings Pilot Oppression the on update an system, judge duty Court Commercial the include meeting this at discussed topics Recent Division. the in proceedings defend or bring regularly who solicitors and counsel junior and senior of group adiverse of consists group This Group. Users’ Court Commercial the coordinating in assist to continued Registry year, the the of course the Over • • • • • includes: which management, case enhanced for strategy integrated an developed has Registry the management, concurrent requiring proceedings of number large the administer accurately and efficiently to order In matters. related Willmott and Gunns Southern, Great Timbercorp, included These year. financial the of end the at Court Commercial the in active proceedings recovery debt 514 were volume high There STAKEHOLDER INTERACTION HIGH VOLUME DEBT RECOVERY PROCEEDINGS

SUPREME OF COURT VICTORIA authentication and resulting of listings after each hearing. each after listings of resulting and authentication for orders of volumes high of processing timely the date hearing each to prior assistance extra of provision the and chambers, judges’ managing the with liaison close actions recovery debt such of carriage with practitioners for communication of point a central hearing of these proceedings the to dedicated dates monthly of publication advance the proceedings of classes and proceeding each on data internal reliable and updated regularly accessible, easily of maintenance

SERVICE DELIVERY STRUCTURE

ANNUAL 53 REPORT 2015–16 FILING DEDICATED SUPPORT TO THE CRIMINAL DIVISION COUNTER during the reporting period compared with 44,933 in the last financial11 per cent year (an decline). While this equates to an average of approximately customers 160 a day, compared to corresponding in 2014-15, changes178 to resource allocation have been made to address the increased eFiling workload. The average counter wait time remains under three minutes. decrease in customers presenting at the 40,087 counter; customers The Principal Registry absorbed additional work in its support for the Criminal Division during the year and made significant progress in the areas of case management, end-to-end bail management, reporting and the management of video links. Judicial case conferences, and the double listings protocol for appropriate trials arenew initiatives being supported to improve the efficiency of the progress of cases through the court. e In addition to the Prothonotary accepting Court documents in hard copy, legal practitioners are able to electronically lodge, process and retrieve court documents relating to civil cases through the Court’s electronic lodgement service, Citec. The Principal Registry is continuing to see a positivetrend towards clients eFiling via Citec. Over the last three financial years, the percentage of files accepted via eFiling has grown from per 21 cent to 29per cent of total filings. With the increase in eFiling there was an expected corresponding

PRINCIPAL REGISTRY THE PROTHONOTARY THE SUPPORT FOR THE COMMON LAW DIVISION AND COSTS COURT The Prothonotary, pursuant to the Supreme Court Act 1986 and in accordance with the powers and functions conferred by legislation and subordinate instruments, is responsible for the discharge of a broad range of statutory functions. A number of deputy prothonotaries, both within and external to the Principal assistance. and support provide Registry, This reporting period has seen an ongoing focus on continuous improvement, support and training for deputy prothonotaries, which is now embedded into business. The Registry has strengthened its procedures during the past and year, given attention to a number of key policy areas. Information provided to court users in respect of new procedures and compliance with rules has been supported by clear communications and guidance. The Registry provided strengthened and more efficient services to the judiciary and Court users through increased specialisation, augmented case management and greater delegation. The measures implemented to date will be extended across all specialist lists within the Common Division. Law The Registry has also bolstered its support for the Costs Court following the introduction of revised procedures at the beginning Party of March 2016. party proceedings no longer require the summons for taxation to be listed in the monthly are they directs. Court otherwise Instead the unless callover, now listed by the Registry for mediation. This has proved to be a more streamlined and cost-efficient process for court users. It also provides support and services for probate jurisdictions and coordinates Practice Court matters. The Principal Registry is supported by the statutory roles of Prothonotary and Registrar of Probates and is overseen by the Director, Prothonotary). also the is (who Development Registry the Principal Registry In2015-16, began to implement operational The Principal Registry the is service hub administrative for and procedural guidance the of Supreme Division Court, and thefor Trial providesquality services the to and profession judiciary, the legal public. and process changes designed to optimise its service delivery model, and contributed to a number of significant projects which will see greater efficiencies and strengthened procedures and protocols in the year ahead. A service excellence focus has underpinned this suite of transformative practices and will continue to guide the Registry’s work. SUPREME COURT OF VICTORIA COURT OF SUPREME 52 SERVICE DELIVERY STRUCTURE 54 performance. time real capture and awareness maintain to introduced audits spot with continues feedback and Monitoring audits. internal of aseries and communications training, through achieved been have improvements considerable and measured, is files of organisation and accuracy availability, the of terms in Performance process. 3reporting Paper Budget the of part as government to report to prepares Court the as Registry Principal the in focus be a to continues integrity file Court 2,205. was period reporting the during produced documents 1,126. to of 904 from number total The documents inspect to attendances of number the in increase an however, was, There 2014-15 in 3,222 from 2,972 to period, 2015-16. in reporting the during issued subpoenas of number the in a decrease was There Court. in appear to 2015–16, in Bar abarrister seeking Victorian the of Scheme Barristers Duty the to made were referrals 32 of A total managed. efficiently more be to workload litigant self-representative the for order in model based appointment a predominantly to moving Registry the to attributed largely is contacts individual in decrease The (855). contacts total of cent per 32 comprising appointments and walk-ins with year), previous the to compared cent 7 per of (a decrease Registry the and litigants self-represented between made were contacts individual 2,656 Around service. the access to propensity increasing the of 2014-15, in cent per 25 with indication an compared contacts), litigants 2015-16 in cent per 36 was self-represented (of total contacts litigants self-represented ‘new’ of proportion The in augmenting the provided service to self-represented litigants. interest acommon share who agencies key with forums of range a in engaged has Registry Principal year, the past the Over COURT FILE INTEGRITY FILE COURT SUBPOENAS LITIGANTS SELF-REPRESENTED SUPREME OF COURT VICTORIA

self-represented litigants. by filed applications of cent per 8.8 year, with previous the to compared cent 6per by increased have initiations Overall assistance. legal without individuals by filed being those and 1,894of period reporting the in filed 21,455 applications with jurisdiction volume highest Court’s the is Probate • • • Office: Probate the functions, core its As estates. deceased of administration the and administrators and executors of appointment the wills, of validity the to relation in orders make to jurisdiction exclusive has Court Supreme The PROBATE OFFICE PROBA 10000 15000 20000 25000 including ‘deposited wills’. documents testamentary all for acustodian as acts public the of members to service estates asmall provides Victoria in estates deceased of representation grants 5000 0 18,746 TE ORDERSMADE 2011-12 19,304 2012-13 19,432 2013-14 20,193 2014-15 21,455

2015-16 SERVICE DELIVERY STRUCTURE

2015-16

25,316 2014-15 22,967

ANNUAL 55 REPORT 2015–16 2013-14

21,877 2012-13

21,488 2011-12 20,628 0 5000 ADVERTISEMENTS PUBLISHED ON POAS 30000 25000 20000 15000 10000

The Probate Office continued on its path of innovation and reform during the reporting The year. probate area of the Court’s website has been expanded and made more user-friendly to assist those preparing applications without legal assistance. The website includes step-by-step guides, forms and kits. The website is a gateway to the Probate Office’s services, is integral to the business visits during and received the year. 111,032 The Probate Office provides online access to various probate indices including the Probate Online Advertising System (POAS) which eliminates the need for costly newspaper advertisements, saving each applicant several hundred dollars. This is the first step a to paperless office. The POAS website, which recorded visits 77,573 over the reporting period, was upgraded during the year and is now more user-friendly.

2015-16 2015-16

176 63

2014-15 2014-15

177

54

2013-14 2013-14

131

29

2012-13 2012-13 102 18 TES GRANTS

A

2011-12 2011-12 413 48 0 0 Grants of probate – 19,087 Administration upon intestacy – 1,777 Administration with the will annexed – 418 Reseals of foreign grants – 122 Miscellaneous grants (including limited grants) – 51 serviced people 16,392 attending the probate counter accepted more documents than 251,000 for filing handled over 200 small estate enquiries and granted representation estates 63 in depositedaccepted wills 176 for safe keeping issued 227 exemplifications and office copy grants and emailsreceived through 2,100 its Probate and Probate Online Advertising System email accounts. 500 400 300 200 100 SMALL EST 70 60 50 40 30 20 10 LIVING WILLS DEPOSITED • • • • During the year the Probate Office: • • • • • The Probate Office continued to provide timely, effective, cost efficient services to the people of Victoria. During the reporting proceedingsyear, were filed a at monthly average 1,788. of Categories of grant included: • SUPREME COURT OF VICTORIA COURT OF SUPREME 54 SERVICE DELIVERY STRUCTURE 56 Court. the across implemented being progressively are initiatives Prevention trauma. vicarious of control and assessment the to related project Victoria Services aCourt in participated Court The incidents. to respond effectively and resilience build to staff for need the supported that implemented and developed also were protocols of A number staff. Registry Court of needs the to tailored was that workshop Clients Difficult with Dealing the in participated staff Sixty year. the of course the during HR Services by facilitated opportunities safety and health occupational of range in a resulting staff, of wellbeing and safety the to committed is that aworkplace support to continues Court The Safety and Health Occupational the new provisions of the Agreement. implementing progressively on focused team the Services, Jurisdiction with 2019. consultation 31 December close In of date expiry 18 2016 from May anominal with operating Agreement Enterprise anew of agreement reached Union Sector Public and Community the and Government Victorian The planning system. development performance the of areview and project planning workforce of a development the of stage first the including jurisdictions, all involving projects in participated also team The Marr. Birrarung along staff for tour aguided and programs awareness cultural Koori two of coordination involved and Plan Action Inclusion Koori the under facilitated also were initiatives development and learning Other workshops. Workplace’ the in ‘Respect in participation and of coordination including outcomes, Survey Engagement and Culture Staff the of implementation the 2015-16 in In assisted team the including the Monash Externship Program. experience, work tertiary coordinate to continued Services HR year. addition, In the during program the in participate to selected were 12 students aconsequence, as and, plan implementation and framework 2015-16 adetailed during provided program experience work school secondary the of review The produced. managers and supervisors new for aHR guide and updated also was employees new for documentation induction The received. applications 2,462 of atotal with 71 positions for 2015-16 during advertisements 65 involved Recruitment matters. wellbeing and health and claims WorkCover of coordination relations, employee management, performance retention, and health and safety functions including payroll, recruitment occupational and resource human of arange providing for responsible is team Services (HR) Resource Human The court. of ahigh quality functioning the relate to the judicial component of but cases court are nonetheless essential to not do directly Court Supreme of the functions and services administrative The HUMAN RESOURCE SERVICES SERVICES RESOURCE HUMAN COURT ADMINISTRATION COURT SUPREME OF COURT VICTORIA

Court’s 175th anniversary celebrations. supporting community engagement activities including the and fraternity, legal the to changes practice important communicating events, Court-led of anumber on provided also was support marketing and Event Foundation. Law Victoria the and Victoria of Institute Law Bar, the Victorian the them –among profession legal the with associated organisations of support in Court the at hosted were events of A range events. of aseries attending Victorians 700 approximately with Day, 21 2016, May Open Courts on well-attended was Court Supreme The program. House Open the in buildings popular more the of one it 2015, 26 July making Sunday on Melbourne House Open during Court the 1,900 visited Almost people Court. the of appreciation greater a develop to staff and judges with speak to invited community the with held, were days Two open procedure. and practice about updates provide and sentences and judgments about information share to audience abroad reach can Court the which with means the enhance channels year. Both the throughout grow to continued Facebook and Twitter on presence media social Court’s The site. the to improvements and revisions inform to planned consultation with groups, user key with communicating in website current Court’s the of effectiveness the investigating on began work period, reporting the in Late the Court. of work the that support activities communication external and internal of arange manages team Communications The comparison to the previous year. previous the to comparison in decrease asubstantial is This claims. WorkCover of aconsequence as recorded were lost days four of A total previously. that were not included contractors security by system the on reported being incidents security to related due year, mainly is previous the from reported incidents of increase cent per 20 The system. reporting incident Court’s the on staff by reported were hazards) risk and misses near injuries, (including incidents year, 43 the During interest. of articles wellbeing and recipes healthy events, of calendar wellbeing and health a including information of range a with staff provides also intranet Court’s the on page Wellbeing and Health developed newly The program. a Pilates and running 10th year the for Games the including Court, staff participation in the AustralianCorporate across provided also were opportunities wellbeing of A number COMMUNICATION SERVICES MEDIA AND

SERVICE DELIVERY STRUCTURE

ANNUAL 57 REPORT 2015–16 FACILITIES AND SERVICES Department of Environment’s Protecting National Historic Sites program. grant The $150,000 was obtained to undertake much needed maintenance works to the interior of the Old High Court building – including restoration of the timber work, panelling and furniture in the three courtrooms and cleaning and restoration of the leadlight skylights in the library and light wells. the CourtIn May 2016, was again successful in an application to the Protecting National Historic Sites program, receiving a further $80,000 to undertake further renovation works in the Old High Court building. The grant will fund roof work, painting and plastering in the library and the continuation of the timber refurbishment throughout the building. This work is scheduled to take place when courtin 2017 is not sitting. The Court is also in the process of developing a historic interpretation program that includes a public brochure and a series of displays explaining the building and its historic significance. Receiving the grants has provided the Court with the means to ensure the history and heritage of the building will be maintained for generations to come. Restoration of the Old High Court building theIn June Court’s 2015, Archives and Records team was successful in receiving a grant from the Australian Government The Facilities and Services team is responsible for works planning and the preservation and maintenance of the Court’s buildings and infrastructure. The team is also responsible for the procurement of office furniture, equipment and stationery supplies, and also provide operational support for functions and other events conducted at the Court during the course of the year. The Court’s heritage listedbuildings combined with the demands for an accessible, technologically enhanced, modern and compliant office environment remained a challenge throughout period. the 2015-16 Major activities in the past year included the restoration of timber panelling and skylights in the Old High Court building (funded by a grant from the Commonwealth Department of the throughout units conditioning air Various Environment). Court were costed to be replaced, while electrical switchboards upgrades occurred in the Division Trial and Old High Court buildings. Recommendations from an architectural assessment of more than 700 rooms have also been put into place and will be implemented in the future, in a staged process, due to restrictions. funding

17 , Revoked/expired 40 Active 57 Made . Three have subsequently been revoked expired, and 14 , the sentencing of Sean Price for the murder of school girl 2015-2016 INFORMATION TECHNOLOGY SUPPORT TECHNOLOGY INFORMATION SERVICES Suppression orders judges of the SupremeIn 2015-16, Court made a total of 57 suppression (non-publication) orders. One was made under Seriousthe Sex Offences(Detention andSupervision) Act2009 leaving 40 orders still active. Supreme Court non-publication orders2015-16 eight were made under the Crimes (Mental Impairment and and 481997 underTried)Unfitness Actto be the Open Courts Act 2013 Around 5,000 students and teachers visited the Court to enhance their VCE Legal Studies endeavour. In December 2015, the Court received a Victoria Law Foundation grant to revitalise the Education Program. Role-play costumes were produced to augment the mock trial experience for students visiting the Court. The production of a mock trial video and companion booklet is underway. With the support of the Communications team, the Court was able to highlight and maximise reporting of significant cases in the media. Media comprehensively covered cases such as the Bendigo Mosque planning permit injunction and appeal, James Hird v Chubb InsuranceAdrian litigation, Bayley v Victoria Legal Aid Masa Vukotic, litigation trial between Paul Mullett and Christine Nixon, and the art fraud trial and conviction of Peter Gant and Mohamed Siddique. as part of stage By January 1. Microsoft 2016, Office 365 suite modules such as SharePoint Online, Outlook, One Drive and Skype for Business were extensively used. Stage 2 of the JICT project will migrate Court Administration, the Principal and the Commercial Court Registries to the JICT network, with planning underway. The Information Technology (IT) Support Services team provide a range of operational, advisory and strategic information technical services to the judiciary and Court staff. The team provides day-to-day support and services for both hardware and software to over 400 computers integrated across networks.multiple Numerous successful IT projects were implemented during ranging from the expansion2015-16, and enhancement of the independently managed Supreme Court wireless network, to the roll out of the Judicial Information and Communications Project (JICT). Judiciary and chambers staff were transitioned from the Department of Justice and Regulation network to the JICT network The Court of Appeal made two orders during the reporting oneyear, has since expired. SUPREME COURT OF VICTORIA COURT OF SUPREME 56 SERVICE DELIVERY STRUCTURE 58 Office Record Public to the Transferred Records public. the for Court Tours the of Heritage and History monthly popular the upon building April, during Court the of tours weekly ran also Services Management Records and Archive Library. Court Supreme the in Court the for exhibition aspecial mounted and Victoria of Society Historical Royal the at exhibition the for advice and artefacts provided People the for Judging book, history the for material archival providing as well As Court. the of celebrations 175th the anniversary in support provided also team The document. historical interesting and 1990, in avaluable holdings commercial Skase’s Christopher for chart organisational an was file this Inside managers. and receivers of appointment the for Ltd Pty Television Wilkinsons and appointed) managers and (receivers Limited Television Qintex of matter the in was which of least the not failures, commercial theyconcerning include a large numbercases of as interest particular of be to proved have 1990 records The archives. state the to 1990 transfer for from records civil the and 1950s onwards the from records practice legal records, Appeal of Court preparing on continued Work Office. Record Public the to transferred were records probate of 2015-16 the consignment Over alarge period Office. Record Public the to transferred directly or supplier commercial a with site off be they whether storage, term long for records of preparation the is team the of focus main The records. and objects artefacts, historical of display and storage care, the and records administrative of storage and disposal the records, Court of storage and archives for responsible is Services Management Records and Archives ARCHIVES AND RECORDS MANAGEMENT SERVICES Probate records (2010-2014) records Probate SUPREME OF COURT VICTORIA 2,144 boxes 2,144 , the team team , the • • • included: activities Notable resources. and activities, current Court’s the analysing and monitoring closely as well as standard, reporting advanced amore acquiring in further Court the assists team The site. intranet reporting the of development continued the on been has focus team’s primary the periods, reporting previous in undertaken work the on Building functions. reporting and data all across accuracy and integrity ensure to Office Commissioner’s Juries the and Registries Appeal of Court and Law Common collaborated closely with the Principal, Commercial Court, team Services 2015-16, Intelligence During Business the reports. performance and activity accurate and up-to-date secure, provides which warehouse, data developed in-house the from benefit to continues Court The workloads. and usage Court to relation in trends projected and needs current regarding decisions business informed well- making in Court the assist to used is information This users. external and internal both for purposes reporting and analysis for information meaningful and accurate timely, provide to is Services Intelligence Business of function The • • • team: The policies. financial Victoria 1994Act Services Court and Management Financial the with accordance in practices financial sound demonstrating in Court the support to services support and advisory provides team Services Management Financial The BUSINESS INTELLIGENCE SERVICES BUSINESS FINANCIAL MANAGEMENT SERVICES

the introduction on the new Juries Management System. Management Juries new the on introduction the with Office Commissioner’s Juries the with collaborating organisation and accuracy availability, file case physical measure to application Integrity’ File ‘Court the using Registry the implementation of quarterly audits within the Principal of Treasury and Finance, and the Productivity Commission. Productivity the and Finance, and Treasury of Department Statistics, of Bureau Australian the including agencies Government other to data Court providing compliance with best financial practices and policies. and practices financial best with compliance in services and goods procure to how and entitlements employee specific reimbursement, for claims personal from ranging considerations financial on staff Court all advises initiatives new of costing the in managers senior and Officer Executive Chief the supports against the allocated annual budget measured performance financial Court’s the on reports

SERVICE DELIVERY STRUCTURE

-2% -5% -9% -4% -8% -7% -6% -4% -11% -15% -28%

-20% Average duration 8.69 days8.69 Variance 6.25 days 6.25 -21 84 -22 -43 -114 -711 -163 489 -684 -277 -2,165 Total -8,406 -1,395 -10,571 Difference 58 448 ANNUAL 59 REPORT 2015–16 121 452 573 7,997 1,387 5,309 6,696 Criminal 14,675 21,507 21,232 22,672 42,739 2015-16 41 26 Civil 474 142 616 1,550 8,708 5,423 6,973 29,913 15,359 23,397 53,310 24,067 2014-15

Supreme & County Court jury trials Melbourne Circuit Total Circuit Total Circuit Total empanelledJurors Melbourne Jurors attending attending Jurors Melbourne Jurors summoned Jurors Melbourne Circuit Total Jurisdiction County Court Supreme Court Supreme The JCO counting rule changed in the reporting period to more accurately reflect jury activity. Previously the number of summons sent was counted (which could include multiple summonses to one person). This only year, the number of people who received first the on attended they (whether counted was summons a occasion of whether they deferred or were reassigned to another figures presented date). Thus the 2014-15 here differ to those reported in the previous annual report. Jury trials by jurisdiction2015-16 Jury activity

, . DISCRETEADMINISTRATIVE FUNCTIONS JURIES COMMISSIONER’S OFFICE Juries bring the values, standards and expectations of the community into the courtroom, contributing in a significant way to the administration of justice in Victoria. The Juries Act provides 2000 for a jury system that equitably spreads the obligation of jury service among the community, making juries more representative of the community. The Juries Commissioner’s Office (JCO) is comprised of the Juries Commissioner, Melbourne-based 11 staff and another staff across11 regional Victoria. The JCO ensures that a sufficient number of Victorian citizens are available to serve as jurors on Supreme and County Court trials. For administrative purposes, the JCO sits within the Supreme Court of Victoria, but operates out of the purpose-built County Court of Victoria building. Following extensive user feedback, all communication channels with jurors were redesigned, in many cases simplified and presented in plain English. The external presence was rebranded, including the new jurors’ website juries.vic.gov.au Victoria to Juries In January the JCO launched 2016, a new Jury Management portal. public a includes which System, Jurors can now go online to complete their eligibility forms, apply for deferrals or to be excused and update their details. Email and SMS notification are now used to inform citizens of the outcome of their applications, and to remind those who have received summons of when they are required to attend. In recognition that some people may have trouble putting their jury experience behind them, the JCO launched a new state-wide Juror Support Program. This service is provided through a network of professional counsellors to anyone who attends for jury service, whether empanelled on a jury or not, at no cost to them. Now, citizens anywhere in Victoria can access psychological support and counselling in person, over the phone or via video connection (for example, Skype). Coupled with this, the JCO ran a pilot program – Vicarious and Wellbeing – forTrauma staff Training of the Supreme and County Courts. It will form part of the mandatory training for JCO staff ongoing. The Office, Juries Commissioner’s Law Library Victoria of and Funds in Court are divisions thediscrete of Supreme Court Victoria of perform that specific functions in the administration in Victoria. justice of SUPREME COURT OF VICTORIA COURT OF SUPREME 58 SERVICE DELIVERY STRUCTURE 60 • • • • • ways including: many in change implemented staff year, library This Macaulay. Cameron Justice is chair committee current The profession. of representatives from the Victorian jurisdictions and the comprised is that acommittee by managed is Library Law The seen. be already can available is what in improvements vast but ongoing, is services library law consolidate to transformation The entities. separate under provided be could what to superior far content and services provides Victoria of Library Law The structure. staffing unified a having and jurisdictions different of librarians with centralised administration combining the libraries embedded of balance ideal the achieves Library Law the courts, of the legal profession. With three other branches based inside members all to services provides Library Court Supreme The Association. Librarians Law Australian the Year’ by the of Service Information ‘Legal awarded was Library Law the services, and resources legal world-class its of 2015, recognition in November In research. legal undertaking those to assistance and information, legal copy hard and electronic extensive to access providing by justice of administration the to contribution avaluable makes library The 1850s. the in Barry Redmond Sir by established to the legal profession and judiciary, continuing the practice services library quality high provides and Victoria of Library Law the of branch principal the is Library Court Supreme The LAW LIBRARY OF VICTORIA OF LIBRARY LAW SUPREME OF COURT VICTORIA jurisdictions. all across program research legal targeted a new policy acollection of implementation the community the with information share to way immediate and easy an allowing tweeting, of introduction the intranet –lawlibrary.vic.gov.au website a new catalogue library a refreshed – and a revised arevised –and

• • • • • and included: charge of free were events Many public. general the as well as and more for audiences across the judiciary and legal profession, exhibitions Library, Court Supreme the of tours events, sessions, information training, of avariety hosts Victoria of Library Law The to the community. access instant providing judgment, the of text full the to link a including decisions Appeal of Court all tweets Library The publishers. seven of atotal by published were judgments year, 1,267 the unreported During Court. Supreme the of decisions publishing of process the manages Victoria of Library Law The and members of the public. organisations international including from other institutions, librarians law were remainder The profession. legal the within from cent per 30 around with jurisdictions, all across staff and officers judicial from were queries these of Many information. legal access to help requiring people 3,311 from queries handled Victoria of Library Law The Library. Court Supreme the 2015 2016, 1July visited From June 30 to 13,642 people arrived in Melbourne as the first sitting Supreme Court judge. Court Supreme sitting first the as Melbourne in arrived Willis Judge since 175th the anniversary marking Victoria, of Court Supreme the of 175 years celebrated book The 175Honouring Victoria in Court Years Supreme the of ‘ book, new of exhibition and launch Library Court Supreme the at hosted exhibition replica 1215 Carta Magna collecting book of passions their shared who professionals legal eminent three featuring ‘ Week, Book Rare Melbourne of part as hosted event an funds for the Tristan Jepson Memorial Foundation raising Dome, the Under Songs Twilight event, a charity Library Court Supreme iconic the in Productions BottledSnail and Victoria of Library Law the by co-hosted community the for concerts classical lunchtime free of a series Legal luminaries and their books their and luminaries Legal ’ – a panel session session ’ –apanel Judging for the People: People: the for Judging ’. ’.

SERVICE DELIVERY STRUCTURE

6,707 24,145 124,390 2015-16 $67,584,117 $133,745,454 6,400 22,835 123,947 2014-15 6,468 21,551 ANNUAL 61 REPORT 2015–16 116,072 2013-14 7,048 21,054 109,810 2012-13 6,694 21,791 103,659 2011-12 Financial transactions Supporting documents Moneys paid into Court: Moneys paid out of Court: Orders PERFORMANCE BENEFICIARY SERVICESBENEFICIARY Membersof the committee include the Senior Master, the FIC judicial registrar, the FIC Director of Strategy, Government and Deputy the counsel, corporate FIC’s Relations, Community President Human of VCAT’s Rights Division, theDeputy Disability Services Commissioner, the Office of the Public Advocate, representatives from Victoria Police, the Office of Public National the Commission, Accident Transport the Prosecutions, Disability Insurance Agency, the Department of Justice and Regulation, human rights lawyers and advocates, carers of people with a disability, psychologists and a neuropsychologist. The committee meets six times a year and to date has Commission, Productivity the to submissions made successfully the Human Rights Commission, the Disability Discrimination Commissioner’s NationalConsultation on Disability Rights, the Supreme Court Rules Committee, the Court of Appeal, and directly to the Chief Justice. As a result, the committee has successfully lobbied for changes to the Supreme Court Rules, whereby it is no longer presumed that the litigation guardians will pay costs. The committee has also submitted a business case for a pilot program providing intermediaries in court and in police interviews, as well as produced threepictorial guides for people with disabilities about their rightsin relation to abuse, police interview and going to court. point of contact at FIC. They help beneficiaries access their funds to purchase goods and services or for daily living expenses. Many beneficiaries are involved in complex legal or financial matters and require the assistance of skilled and experienced trust officers, client liaison officers and legal officers to work difficulties. their through Every beneficiary is assignedTrust a Officer who is their primary FIC staff met or outperformed allkey performance indicators relating to the delivery of services to beneficiaries during the reporting period. Importantly, one-off per cent 94 of 21,602 payments to, or on behalf beneficiaries of, were processed within five days of requests being received and approved. FIC received more than 3,550 phone calls on average each month. Of these calls per 96 cent were answered within one minute of the person calling. No. of orders, supporting documents and financial transactions made

. 5,428 beneficiaries were supported court6,707 orders made supporting24,145 documents were prepared financial124,390 transactions occurred 95 per cent of invoices were processed within five days interest for holders of Common Fund No.2 was paid at 4.05 per cent while 3.85 per cent was paid to holders of both Common Fund No.2 and Common Fund No. 3 more than 42,500 telephone calls were answered through switchboard. the FUNDS COURT IN FIC HUMAN RIGHTS COMMITTEE INSPIRE AWARDS The Funds in Court Human Rights Advisory Committee identifies key issues regarding access to justice for people with a disability and recommends changes to current practices and processes. The inaugural Funds in Court Inspire Awards were this year held at Price Waterhouse Coopers in Southbank April on 21 2016. theAt awards, the Chief Justice presented the Best Achievement in Law and Honours Law and was joined by the President of the Human Rights Commission, Professor Gillian Triggs, who presented the Best Achievement in Human Rights. Senior Master John Efthim also presented to five beneficiaries of the Funds in Court Individual Excellence and Achievement Awards. awardsTwelve were presented across medicine, research, arts, architecture, community policing, journalism, disability advocacy, innovation and community volunteering. The awards are peer based and recognise a person who identifies with a disability, years is 18 of age or older, and is well respected in their field of work or interest in their community. Nominees are acknowledged not only for their professional contribution to their field of work but for their outstanding leadership qualities, role modelling and mentoring. The awards, developed by Miranda Bain, Director – Strategy, Government and Community Relations, were very well received. Funds in Court (FIC) is an office of the Supreme Court that assists the Senior Master, Associate Justice Efthim, to administer funds paid into Court. Funds can be paid into Court pursuant to orders of all Victorian Courts, awards of the Victims of Crime Assistance Tribunal (VoCAT) and pursuant to legislation such asthe Act Trustee 1958 The vision of the FIC office is to enhance beneficiaries’ lives with compassion and superior service. The mission of the office is to act in the best interests of beneficiaries by providing excellent service at the lowest cost and ensuring safe and effective funds. their of investment Payments into Court include compensation for injuries received in an accident, financial assistance awarded to a victim of crime, a person’s share in a deceased estate or compensation for the loss of a parent. FIC also administers funds paid into Court as a result of disputes and security for costs. period: reporting the During • • • • • • • SUPREME COURT OF VICTORIA COURT OF SUPREME 60 SERVICE DELIVERY STRUCTURE 62 year.financial previous the on cent 3per of 2016, June increase 30 at an as $1.628 was billion assets) other and estate real in investment The total value of funds under administration (including direct experts. taxation and superannuation include members whose and ayear twice meets which Committee Compliance Investment the to provided also is support Administrative experts. equities and interest fixed include members whose and quarterly meets which Panel Review Investment the to support administrative provides Services Investment Master. Senior the by engaged consultants by provided advice investment implements and considers Services Investment FIC opened accounts of No. Client liaison beneficiaries. of behalf on costs legal of payment the of respect in recommendations make and examine Officers Legal Specialist beneficiaries. of behalf on practitioners by matters legal of handling the supervise and documents other and orders court complex prepare Officers Legal face. they difficulties lifestyle many with beneficiaries assisting in instrumental are They payments. for applications complex to respect with assistance provide and venue, aneutral at or homes their in usually families, their and beneficiaries visit officers liaison client The Judicial registrar activity registrar Judicial FIC. from payments for applications of majority the operations of FIC. The Judicial Registrar determines the regarding decisions administrative significant all and affairs own their manage to capacity abeneficiary’s concerning orders all makes Master Senior The Englefield. Registrar Judicial or Efthim Justice Associate Master, Senior the by made are orders these and Court of out funds pay to required is order An Act). an to pursuant Court into paid money and costs for security money, (dispute matters 108 non-award also were There VoCAT funds). and death wrongful provision, family injury, personal for payments (award disability under a person for were VoCAT or and acourt of order an with accordance in made were Court into 719 payments period, reporting the During INVESTMENTS ACCOUNTS BENEFICIARY NEW CLO visits CLO of No. Attendances in chambers considered Memoranda Orders made TOTAL VoCAT awards Magistrates’ Court awards awards Court County Supreme awards Court SUPREME OF COURT VICTORIA 2011-12 509 2012-13 558 2013-14 609 2014-15 676 2015-16 4,802 3,425 1,999 719 451 693 189 76 3

CF-2 declared interest rate interest CF-2 declared indicator benchmarks. performance key FIC the to superior be to continues performance Investment climate. financial current the in CF-2, especially of beneficiaries the for outcome excellent an is This benchmarks. industry exceed to 2016 for fixed continued rates interest The CF-2. within accounts beneficiary 5,200 of excess in was There securities. approved in investments with consistent achievable return maximum the provide 2(CF-2) No. to is Fund Common for objective primary The those properties increasing by 28.5 per cent. per 28.5 by increasing properties those of value the with cent, per 8.6 by increased has properties trust of number the years, five last the Over residential. are trust in held properties beneficiaries’ of majority The 9.8 of cent. per annum per return benchmark the to compared 1992, 21 on December inception its since 10.5of cent per annum per return atotal delivered CF-3) has includes now and preceded (which portfolio equity Master’s Senior The 5.1 of cent. per annum per return benchmark the versus cent 5.6 per of annum per return atotal delivered has CF-3 2016, June 30 ending 10 period term year longer the Over cent. -2.6 of per return benchmark Index Accumulation Leaders S&P/ASX the to 50 compared cent -5.6 per of return a total 2016, June 30 generated CF-3 ending 12 period the For month all beneficiaries)with assets held by FIC. of cent per 45 approximately (representing beneficiaries 2,400 over just of behalf on made is CF-3 into Investment years. six least at of timeframe investment an over distributions regular via income and growth capital with beneficiaries provide to is CF-3 of objective The cash. and shares Australian listed publicly of aportfolio in 3(CF-3) No. invests Fund Common BENEFICIARIES’ PROPERTIES BENEFICIARIES’ 3 NO. FUND COMMON COMMON FUND NO. 2 NO. FUND COMMON 31 2016 May 31 2015 May 31 2014 May 31 2013 May 31 2012 May Year end $B INCLUDINGBENEFICIARIES’REALESTA TO 1000 1500 2000 500 T 0 AL V $1.3b 2012 ALUE OFFUNDSUNDERADMINISTRAT $1.4b 2013 $1.5b 2014 CF-2 only CF-2 $1.6b 2015 4.30% 6.20% 4.65% 4.05% 5.55% $1.6b 2016 CF-2 and CF-3 CF-2 and TE ION 4.45% 6.00% 3.85% 5.35% 4.10%

SERVICE DELIVERY STRUCTURE

(ERC) provides [BAC] met meet quarterly, (BFG) is a group of ANNUAL 63 REPORT 2015–16 acts in an advisory capacity Executive Remuneration Committee Beneficiaries AdvisoryBeneficiaries Committee Group Focus Beneficiaries’ During the the year, Audit Committee together with a special meeting to consider the annual financial statements. The Committee includes external considers and management, and auditors internal auditors, financial reporting, external and internal audits, risk management, ethical issues and other matters. It also incorporates key responsibilities of an Ethics Committee, overseeing FIC’s ethics audits and training programs, and compliance with VPS Code of Conduct. Further, it reviews and reports on ethical complaints referred to the Audit Committee and FIC’s responses to such complaints. transparency in relation to the remuneration of non-VPS executive staff, and assists the Senior Master in fulfilling his corporate governance responsibilities. The ERC’s policies, as far as practicable, emulate the provisions of the Government Sector Executive Remuneration Panel. complaints are dealt with in a transparent, timely manner all attempts are made to resolve complaints fairly issues identified as a result of complaints lead to service improvements. quarterly to discuss FIC practices and identify issues and opportunities for improvement. The BAC consists of representatives of FIC, beneficiaries’ families and other interested parties such as the Law Institute of Victoria, the Office of the Public Advocate and the Victims Support Agency. beneficiaries that provides FIC with client feedback about the way FIC operates and contributes ideas. The group met once during the reporting year. to the Senior Master, fulfilling the Senior Master’s corporate governance responsibilities matters on relating to ICT systems. There are several committees that strengthen FIC’s corporate corporate FIC’s strengthen that committees several are There governance position: • • The • The Committee ICT Steering (there were 55 complaints Every complaint in 2014-2015). was followed up or finalised within the required 28 day period. The Senior Master expects that: • • • FIC’s Business Continuity Plan (BCP) enables FIC to respond to a disaster that could destroy, damage, or prevent access to FIC’s premises and its critical computer systems, and resume operations as quickly as possible. The BCP was successfully tested and reviewed in and August to ensure March 2015 2016, its integrity. ongoing key beneficiaryTwo groups contribute to the activities of the Office: • The • The Complaints made to FIC are treated seriously. With due consideration to the Senior Master’s position as a judicial officer of the Supreme Court, FIC complaint procedures adhere to the guiding principles set out in Australian Complaints 10002:2006. ISO Standard All complaints are documented and measured in accordance with the standard. 43 complaints During were 2015-16, received

, the 0.56% 0.59% 0.60% 0.58% 0.58%

operties held operties pr No.

700 600 500 400 300 200 100 0

6 201 $265m

618

5 201 $258m

622

4 201 $232m

615

3 201 $221m

606

2 201 $206m 569 0

50

300 250 200 150 100 $ million $ BENEFICIARIES’ PROPERTY HELD IN TRUST BENEFICIARIES’ PROPERTY “…represents good value for beneficiaries, as wholesale investors would expect pay to manager fees alone of between basis 60 to 40 points, whilst retail investors would be expected pay to basis in excess points. of 100 Obviously, the Senior Master also provides substantial services in excess of just managing money, so the net outcome represents excellent value for beneficiaries.” 2011-12 2012-13 2013-14 2014-15 2015-16 CORPORATE GOVERNANCE ACCOUNTING TAXATION AND INVESTMENT COMPLIANCE COMMITTEE In May 2015, JANA InvestmentIn May 2015, Advisers Pty Ltd, FIC’s asset AER: FIC’s observed that consultants, FIC’s governance structure is driven by the need to be fully accountable to the Court and beneficiaries. The Senior Master is committed to risk management in accordance with Australian Standards, withprudential safeguards monitored by FIC’s Corporate The Corporate Governance Governance Manager. Manager reports, each month, to the Senior Master on defined matters. management risk compliance with FIC’s ‘Asset Management Policy’ in respect of the funds managed by the Senior Master. In accordance and Supreme the the Court Act Trustee with 1958 Act 1986 ICC also reports on any breach ofcompliance or of the Senior Master’s duties. No breaches were reported during the year. The Financial Reports of the Senior Master are audited each reports The Auditor-General. Victorian the by year financial are available at. fundsincourt.vic.gov.au Annual trust tax returns were lodged for every beneficiary. No direct fees were charged for taxation services. (AER). ratio expense benchmarks administration its annually FIC expenditure operating total the dividing by calculated is AER The for the financial year(excluding depreciation) by the total net property). (including year financial the of end the assets at ratio expense Administration The Investment Compliance Committee (ICC) monitors investment SUPREME COURT OF VICTORIA COURT OF SUPREME 62 APPENDICES 64 SUPREME OF COURT VICTORIA APPENDICES APPENDICES

. ANNUAL 65 REPORT 2015–16

79 154 462 206 2016 2,351 $’000 14,156 49,495 28,217 38,378 66,749 66,543

92 450 2015 2,737 2,441 $’000 35,146 48,471 14,645 25,637 63,520 66,099 (2,579) Note

Special appropriations Special Grants Interest expense Expenses Employee expenses Depreciation and amortisation Grants services and Supplies Operating ExpensesTotal OperatingNet Surplus (Deficit) Total Operating Revenue Total

Revenue Output appropriations APPENDICES APPENDIX 1: FINANCIAL REPORT FINANCIAL 1: APPENDIX COMPREHENSIVE OPERATING STATEMENT COMPREHENSIVE OPERATING as partCourt of Service (CSV) audited Victoria’s accounts in the Court Services view CSV’s annual report, courts.vic.gov.au visit To Victoria Annual Report 2015-16. The following is an abridged version of the CSV’s annual financial reports that focuses on the operations of Supremethe Court of Victoria. The Supreme Court’s financial position for the year ended 30 June 2016 is published published is The Supreme the ended Court’sfor financialyear position June 30 2016 for the year ended 30 June 2016 SUPREME COURT OF VICTORIA COURT OF SUPREME 64 APPENDICES 66 ** * 20153 March –present The Honourable Justice Stephen Geoffrey Edwin McLeish 20153 February –present (2003*) AM Kaye William Stephen Justice Honourable The 12 2014 August –present (2010*) Ferguson Anne Justice Honourable The 29 2014 July –present (2008*) Kyrou John Emilios Justice Honourable The 201322 October –present (2008*) Beach Rashleigh Francis David Justice Honourable The 201320 August –present Santamaria Gerard Joseph Justice Honourable The 201223 October –present Priest Geoffrey Phillip Justice Honourable The 16 2012 October –present (2004*) Whelan Paul Simon Justice Honourable The 20127 February –present (2002*) Osborn Stanley Robert Justice Honourable The 14 2010 September –present Tate Mary Pamela Justice Honourable The 22 2008 July –present Weinberg Samuel Mark Justice Honourable The 2006 2016**8 May –3March (2002*) Redlich Frank Robert Justice Honourable The 18 2005 July –present AC Maxwell Murray Chris Justice Honourable The 200325 –present November AC(1998*) Warren Louise Marilyn Justice Honourable The JUDGES OF THE COURT OF APPEAL OF COURT THE OF JUDGES APPEAL OF COURT THE OF PRESIDENT JUSTICE CHIEF APPENDIX 2: JUDICIAL OFFICERS OF THE SUPREME COURT 2015-16 COURT SUPREME THE OF OFFICERS 2: JUDICIAL APPENDIX SUPREME OF COURT VICTORIA Date retired from the Bench the from retired Date Division Trial the to appointed Date 19 2012 November –present Digby John Geoffrey Justice Honourable The 201229 May –present RFD AO Garde Howard Gregory Justice Honourable The 20126 March –present McMillan Kate Justice Honourable The 14 2010 September –present Macaulay Clyde Cameron Justice Honourable The 14 2010 September –present Dixon Russell John Justice Honourable The 28 2010 July –present Almond Waddington Peter Justice Honourable The 13 2010 July –present Sifris Leon Michael Justice Honourable The 2009 –present 4 November Croft Elliott Clyde Justice Honourable The 13 2009 –present October Emerton Leigh Karin Justice Honourable The 13 2009 –present October Forrest Michael Terence Justice Honourable The 2008 –present 6 May Vickery Norman Peter Justice Honourable The 2008 –present 4 March Judd Gregory James Justice Honourable The Division Criminal judge: Principal 2007 –present 25 October AM Lasry Lex Justice Honourable The Law Division Common judge: Principal 20077 August –present Forrest Lytton Herbert John Justice Honourable The 20077 August –present Robson McKenzie Ross Justice Honourable The 20068 May –present Cavanough Lewis Anthony Justice Honourable The 21 2005 –14 June 2015** August King June Betty Justice Honourable The judge:Principal Commercial Court 16 2005 –present March Hargrave Spencer William Kim Justice Honourable The 200510 –present February Bell Harcourt Kevin Justice Honourable The 20047 June –present Hollingworth Jane Elizabeth Justice Honourable The JUDGES OF THE TRIAL DIVISION TRIAL THE OF JUDGES APPENDICES ANNUAL 67 REPORT 2015–16 JUDICIAL REGISTRARS JUDICIAL ASSOCIATE JUDGES Judicial Registrar Mark Pedley Mark Registrar Judicial – 9 October 2015**** January28 2011 Gourlay Meg Registrar Judicial – present January28 2011 Wharton Steven Registrar Judicial March 2016**** – 18 December 2012 11 Ware David Registrar Judicial – present May 2014 26 Judicial Registrar Julian Hetyey – present 3 November 2014 Judicial Registrar Ian Andrew Irving – present 1 March 2016 The Honourable Associate Justice John Efthim – present July 2005 18 The Honourable Associate Justice Alexander Jamie Wood January23 – present 2006 The Honourable Associate Justice Robyn Gay Lansdowne September – present 2006 18 The Honourable Associate Justice Melissa Lee Daly October – present10 2006 The Honourable Associate Justice Simon Peter Gardiner 6 November – present 2008 The Honourable Associate Justice Nemeer Mukhtar – present August 2009 18 The Honourable Associate Justice Rodney Stuart Randall – present May 2011 17 The Honourable Associate Justice David Mark Brudenell Derham – present December 2012 11 Justices Associate judge: Principal The Honourable Associate Justice Mary-Jane Ierodiaconou – present May 2015 12 Date appointed to the Trial Division Date retired from the Bench Date appointed as an associate judge Date resigned from the Court RESERVE JUDGES ** *** **** * The Honourable David John Ashley AM (2012**) – present 9 April 2013 The Honourable Philip Mandie (2012**) – present 2 July 2013 The Honourable Hartley Roland Hansen (2012**) – present 2 July 2013 The Honourable Bernard Daniel Bongiorno AO (2012**) – present 2 July 2013 The Honourable Paul Anthony Coghlan (2014**) – present January 2014 12 The Honourable Justice Julie Anne Dodds-Streeton (2014**) – present November 2015 24 The Honourable Justice Robert Frank Redlich (2016**) – present 3 March 2016 The Honourable Justice James Dudley Elliott – present March25 2013 The Honourable Justice Timothy James Ginnane – present 4 June 2013 The Honourable Justice Melanie Sloss – present July30 2013 The Honourable Justice Michael James Croucher – present July30 2013 The Honourable Justice John Timothy Rush RFD – 1 February 2016**** November 2013 26 The Honourable Justice Joanne Cameron present – August 2014 12 The Honourable Justice Christopher William Beale – present 2 September 2014 TheHonourable Justice Michael Phillip McDonald – present September 2014 16 The Honourable Justice Rita Zammit (2010***) – present 3 February 2015 The Honourable Justice Peter Julian Riordan – present March 2015 10 The Honourable Justice Jane Alison Dixon – present August 2015 11 The Honourable Justice Andrew John Keogh – present 4 April 2016 SUPREME COURT OF VICTORIA COURT OF SUPREME 66 APPENDICES 68 * Garde* Justice Justice John Dixon Justice Osborn Committee Portfolio Security and Assets Lansdowne Justice Associate Committee HR Portfolio Elliott Justice Committee Portfolio IT Almond Justice Committee Portfolio &Risk Audit –Chair Warren Justice Chief Committee Remuneration Executive Garde* Justice Justice John Dixon Justice Osborn –Chair Warren Justice Chief Committee Strategic Planning CBD Major Assets Garde* Justice Robson Justice –Chair Warren Justice Chief Committee Portfolio Finance Garde* Justice –Chair Warren Justice Chief Council Courts Victoria. Services Court of operations the to pivotal issues of a range consider that Council Courts the by established committees of anumber in involved also are judges Court Supreme • • • • • • • • are: Court the in operating committees primary The Court. ofoperation the and administration torelation effective the in decision-making guide and oversee that committees Court of anumber in involved are judges Court Supreme COMMITTEES APPENDIX 3: JUDICIAL ACTIVITY

SUPREME OF COURT VICTORIA Justice Garde is a member of a number of these Committees as President of VCAT. of President as Committees these of anumber of amember is Garde Justice Library Committee – chaired by Justice Macaulay Justice by –chaired Committee Library Croft Justice by –chaired Committee Education Elliott Justice by –chaired Committee Technology Information Whelan Justice by –chaired Committee Communications Cavanough Justice by –chaired Committee Rules Maxwell President by –chaired Committee OHS Warren Justice Chief by –chaired Group Business Court Warren Justice Chief by –chaired Management of Board • • Committee Admissions –member Beale Justice –member Croucher Justice –member JForrest Justice –member TForrest Justice –President Bell Justice Panel Leave Forensic –Chair Warren Justice Chief Victoria of College Judicial –President Garde Justice Tribunal Administrative and Civil Victorian Victoria. of Court Supreme the of ajudge by held be must that Court the to external positions of anumber are there legislation, with accordance In • include: committees The commercial planning committees and editorial committees. in sitting on programs, committees, steering participating spent time of inclusive is hours of number total The issues. social and law the in developments with up-to-date them keep to VCAT members and magistrates judges, for education 2015-16. in provides Victoria college The professional development provided by the Judicial College of of 959 hours of atotal attended judges Court Supreme Chair –Delegate Wood Justice Associate Committee Costs Legal –member Kyrou Justice BOARDS AND OFFICES AND BOARDS PROFESSIONAL DEVELOPMENT DEVELOPMENT PROFESSIONAL

the Sentencing Manual Editorial Committee. the Civil Juries Chargebook Editorial Committee Editorial Chargebook Juries Civil the Committee Editorial Chargebook Criminal the APPENDICES

’ ’ at ’. Preventing Backward- ’ at Melbourne ’. Modern Prosecutor ANNUAL 69 REPORT 2015–16 ’. Asian Cultural Awareness ’. Chaired a session at the Junior Bar ’ at the Director of Public Prosecutions Victoria’s The Future of CivilThe Future Procedure: Innovation or Inertia Judicial Intervention ’ held at Monash Law Chambers. The President Administrative inLaw an Age of Statutes Juries Directions Act 2015 15 February15 Delivered 2016: the welcome address at the Judicial College of Victoria (JCV) ‘ in theCourtroom – A Conversation of Cultural Intelligence the JCV Learning Centre. Justices Hargrave and Judd were Martin Hon the Attorney-General, The chairs. conference the conference. the opened officially MP, Pakula February17 Delivered 2016: the keynote address at the Monash University – Australian Centre for Justice Innovation Conference ‘ Law School. Attended3 March 2016: a reception at Government House hosted by the Governor in conjunction with the Women Barristers’ Association and the Victorian Women Lawyers practitioners. legal female regional and rural for ‘ the opened Officially 23 March 2016: Conference also gave an address on expert evidence. President Maxwell Delivered23 March 2016: a keynote speech entitled ‘ Miscarriages of Justice: Expert Forensic Evidence and the Role of Prosecutor the Redlich Justice Victoria of College Judicial the February at Presented 11 2016: seminar on ‘ 19 February 2016: Conference ‘Ethics and Practice Issues Panel Justice Weinberg Victoria of College Judicial the at Presented July 2015: 13 seminar ‘ Presented27 July 2015: jury directions training to Victoria Aid. Legal Participated March21 2016: in the appellate advocacy course which was held in the Court of Appeal. Attended23 March 2016: the Melbourne High School Old Boys Association function Arnold at Bloch Leibler. Delivered29 March 2016: an appellate advocacy talk to the participants. Course Readers’ Bar Victorian Attended5 April 2016: the Ballarat and District Law the Ballarat at Reception Club. Welcome Association’s Attended9 April 2016: and delivered a presentation on Leo Cussen at Anniversary the 175th of the Supreme Court at the Sir Zelman Cowen Centre at Victoria University. Attended April18 2016: a pre-court discussion with participants of the RMIT/Victoria University internship program in the Court of Appeal. official opening Modern of 2016 the Prosecutor Conference held at Monash University Law Chambers. Participated April18 2016: in the Sentencing Roundtable Programme at the University of Cambridge, Institute of Criminology. The President was also a speaker in Session on III ‘ looking and Forward-looking Dimensions of Sentencing at Monash Law Chambers. 25 February Attended 2016: a dinner for presenters and chairs of the Administrative Law Seminar hosted by the Victoria. of College Judicial Victoria of College February26 Judicial the Attended 2016: seminar ‘

’. ’ at the ’ at ’. Protecting Human Australian Federal Federal Australian The Aspiration of Excellence Attended the Governor-General’s Lecture Lecture Governor-General’s the Attended Balancing the Demands of Judicial Life Attended the Broadmeadows Magistrates’ ’. Ongoing regional Model interaction – the APJRF COMMUNITY ENGAGEMENT Court Koori Court. Koori Court Attended5 August 2015: and delivered a welcome address at the Personal Injuries & Dust Diseases Seminar held in the Banco Court. Attended6 August 2015: the Sir Anthony Mason Lecture at the Melbourne Law School. Attended August13 2015: and introduced the Hon Sir Patrick Elias Higginbotham at the 2015 Lecture, RMIT University. and August 1 September31 Attended 2015 2015: and delivered the welcome address at the Judicial College of Victoria seminar ‘ Chief Justice Warren Attended1 July 2015: and presided at the inauguration of the Hon Linda Dessau AM at Government House. Attended1 July 2015: a reception hosted by the US Consul General in celebration of 239 years of US independence at the Myer Mural Hall. 15 July 2015: Supreme Court judges, associate judges and judicial registrars are also very active in the community, participating in events and activities that support and promote an understanding of the law and the courts. The following is a summary of judicial activity within the broader community for the financial year. 10 September Attended10 2015: the Caldwell Lecture delivered by the Right Honourable Lady Hale entitled ‘ Rights in the UL Courts: What Doing are We Wrong? Melbourne Law School. the recognising reception a September Attended 17 2015: appointment of the Hon Justice Geoffrey Nettle to the High Court of Australia and the Hon Michelle Gordon at Government House. 6 October Attended 2015: the Monash Law School Lucinda Lecture and introduced the guest speaker, Emeritus Professor H P Lee, at the Monash Law Chambers. October Attended14 2015: and introduced the orator, Laureate Professor Emeritus Saunders, for the VLF Law Oration in the Banco Court. The address was entitled ‘ Democracy 15 October 2015: Series seminar delivered by Governor-General Sir Peter Cosgrove Courts launched the Governor-General the with together and and Tribunals Academy at the Sir Zelman Cowen Centre. 20 October Council the October: and of 21 meeting the Attended of Chief Justices of Australia and New Zealand in Darwin. session the on commentated and Attended 9 November 2015: ‘ entitled 16th Conference16th of Chief Justices of Asia and Pacific at the Law Courts Building in Sydney. 4 December Together with the 2015: President and Justices Hargrave, J Forrest and Lasry received the new Senior Counsel in the Banco Court. 28 and 29 January Delivered 2016: the opening Keynote Address at the International Conference on Court Excellence in Singapore entitled ‘ 1 February Together with judges, 2016: associate judges and Multi- Year Legal the of Opening the attended registrars judicial faith Service and Morning Reception at Government House. SUPREME COURT OF VICTORIA COURT OF SUPREME 68 APPENDICES Professor Gillian Triggs) also attended. Triggs) also Gillian Professor (including luminaries rights human other and McLeish Justice and address the gave Africa South of Court Constitutional the of O’Regan Kate Justice Book. Bench Rights Human the of launch the attended Justice, Chief 10 2016: May Acting As 70 session entitled ‘ 2016: March 19 Victoria Collegial Leadership Steering Committee. of College Judicial the of ameeting 2016:3 March Attended House. Year Government at Legal the of Opening Faith Multi 2016: Attended 1 February Courts. Law Commonwealth the at Moshinsky Mark Justice for sitting ceremonial the 11 2015: November Attended Sydney. in Conference Leadership Judicial Australia of 2015: Attended October 30 to the28 National Judicial College Centre. Cowen Zelman Sir the at Academy Tribunals and Courts the of launch the and seminar Series 2015: October 15 Courts. Law Commonwealth the at Society Students Law University Melbourne the of moot final grand the for panel judging the of 2015:17 amember Was September Richmond. of Baroness Hale, Lady Hon Rt the guest with Justice Chief the by hosted aluncheon 2015:10 Attended September Court’s intern program. the of part as University RMIT and University Victoria from students law the addressed and 2015: Attended 9 September Appeal. of Court the in Centre Castan the for moot final grand the for panel judging the of 2015: amember Was 9 September Courts. Law Commonwealth the at Society Students Law Monash the for moot Law Humanitarian International final grand the 2015: August 31 Carta. Magna on spoke Keane Justice Hon the which at Dinner Fundraising Justice of Court 2015 the 2015: International August 27 Attended TateJustice ‘ on University Monash at alecture 2016:5 May Delivered Academy. Tribunals and Courts Centre, Cohen Zelman Sir the ‘ entitled OBE Susskind Richard Professor by delivered alecture 2016:3 May Attended Appeal. of Court the in program externship Monash the 2016: April 19 rights luminaries (including Professor Gillian Triggs) also attended. Triggs) also Gillian Professor (including luminaries rights human other and McLeish Justice and address the gave Africa South of Court Constitutional the of O’Regan Kate Justice Book. Bench Rights Human the of launch the 10 2016: May Attended campus. city University Monash the at Network Leaders Global the for areception 2016:14 April Attended School. Law Melbourne at 2015-16 Moot the Law 2016:21 Media March Co-judged Price Appeal. of Court the in held organised in conjunction with the Women Barristers’ Association Reforming Pleadings and Discovery and Reforming Pleadings SUPREME OF COURT VICTORIA Participated in a discussion with participants of of participants with adiscussion in Participated Organised and presided at an all-day advocacy advocacy all-day an at presided and Organised Feedback from the Bench to WomenBarristers Bench the from Feedback Was a member of the judging panel for for panel judging the of amember Was Attended the Governor General Lecture Lecture General Governor the Attended Future of Courts and Legal Services Legal and Future Courts of ’. ’ at ’ at ’

seminar ‘ seminar 2016: Attended the Judicial26 February College of Victoria Group. Advisory Directions Jury the of meeting 2016: Attended 18 February meeting. update redevelopment 2016: Attended17 Shepparton Law Courts February House. Year Government at Legal the of Opening Faith Multi 2016: Attended 1 February Brisbane. in Conference Judges Court Federal and Supreme 2016: Attended January 28 to January 23 Steering Committee meeting. 2015:13 November Attended the Shepparton Law Courts Courts. Law Shepparton new the for proposed Model Room Court Jury the of viewing the 2015:13 Attended October Steering Committee meeting. 2015:11 Attended September the Shepparton Law Courts Committee meeting. Advisory Directions Jury the 2015:18 August Attended Committee meeting. Steering Courts Law Shepparton 2015:14 August Attended Layout workshop. Courtroom Jury Courts Law Shepparton in 2015:7 August Participated Justice Osborn and Impairment in Criminal Sentencing Criminal in Impairment and ‘ on Psychiatrists and Psychologists Forensic of ameeting to 2015:16 address an November Gave Wales, in London. the Bench ‘ entitled Conference Centre Resource Law Media the at aforum 2015:27, Presented September 29 and 28 ‘ entitled Club Press Melbourne the at apresentation 2015:9 July Delivered Justice Whelan meeting. Group Advisory Directions Jury the 2016: June 23 Attended Committee meeting. Steering Court Law Shepparton 10 2016: June Attended Mural Hall. Myer at Dinner Bar Victorian the 2016: May 27 Attended Court. Supreme ACT the of 11 ajudge 2016: as in March Sworn redevelopment meeting. 11 2016: March Attended Shepparton Law Courts Group. Advisory Directions Jury the of meeting 2016:10 March Attended School. Law Women Judges 13th Biennial Conference in Washington DC, USA. DC, Washington in Conference 13th Biennial Judges Women 2016: of May 29 26 to Association International the Attended Court. Supreme the at O’Regan Justice for reception asmall hosted Justice, Chief 12 2016: May Acting As Administrative Law in an Age of Statutes of Age an Law in Administrative ’ with Justice Nicol of the High Court of England and and England of Court High the of Nicol Justice ’ with Suppression Orders ’. ’. Mental Health Health Mental ’ at Melbourne Melbourne ’ at Views from from Views APPENDICES

’. The Family ANNUAL 71 REPORT 2015–16 : Attended the teleconference of the National National the of teleconference the Attended : ’ presented by Anderson. Tammy he 2015 National Indigenous Legal Conference entitled ‘ entitled Conference Legal Indigenous National 2015 he Attended April15 2016: the launch of the ACT Chapter of the Hellenic Australian Lawyers Association in Canberra. Presented May 2016: 10 a paper on volunteering at a National Care. Fronditha by organised function Week Volunteer AttendedMay 2016: the launch11 of Law Week organised Foundation. Law the by Presented May 2016: a paper12 on volunteering at a National Volunteer Week function organised by the Australian Greek Society. Welfare Oakleigh of students senior the to Presented June 2016: 14 Grammar School on how to succeed academically and professionally. Justice Kaye 4 September Attended 2015: and delivered a presentation at t Importance of Cultural Awareness for Judicial Training Officers September Attended11 2015: the welcome ceremony for Justice Gordon at the High Court in Melbourne. September Chaired16 2015: a meeting of the Judicial Officers Aboriginal Culture Awareness Committee. 5 October Attended 2015: year the anniversary 10 celebration of the Melbourne Children’s Koori Court. Attended November to 15 2015: 13 the Back to the Country weekend on Gunai Kurnai Land. 2 December Chaired 2015: a meeting of the Judicial Officers’ Committee. Awareness Cultural Aboriginal 3 December Chaired 2015: a meeting of the Court Services Victoria Koori Inclusion Action Plan Steering Committee. 7 December Attended 2015: the Smoking Ceremony for the William Barak Room and unveiling in Supreme Court Library of portrait of William Barak, Indigenous Wurundjeri Leader. 9 December Attended 2015: Presentation Day for Worawa Aboriginal College. 28 January 2016 Indigenous Justice Committee. 5 February Attended 2016: the Smoking Ceremony in the Supreme Court courtyard for the Opening of the Legal Year. 29 February Attended 2016: the Victorian Bar Indigenous Justice Committee function for participants Indigenous in 2016 Clerkship Program. Chaired1 March 2016: a meeting of the Judicial Officers’ Committee. Awareness Cultural Aboriginal Attended3 March 2016: Federal Court reception for 2016 Clerks. Law Indigenous Hosted4 March Supreme 2016: Court reception for participants Indigenousin 2016 Clerkship Program. Attended March 2016: 17 the Koori Twilight seminar ‘ Violence Attended March18 2016: the Farewell Sitting for former Chief Judge Michael Rozenes AO. Chaired22 March 2016: a meeting of the Court Services Victoria Koori Inclusion Action Plan Steering Committee.

’ ’. Court Room ’. Is thereIs a A Bad Day in Court ’ at the National A Difficult Day in Court Delivered a presentation at the Junior Bar ’. ’ at the Eastern Solicitors Law Association. ’. Insights into the New Civil Appeal Rules What’s in a Name What’s Taking ObjectionsTaking Judged30 July 2015: a public speaking competition for the Australian Insurance Law Association in Melbourne. Attended August14 2015: a meeting of the Judicial Council on Cultural Diversity in Melbourne. September Attended21 2015: and delivered a presentation at St Eustathios Greek Orthodox Church entitled ‘ Justice Kyrou Place for Religion in the Judicial System in Multicultural Victoria Century in the 21st 4 December presentation Delivered a entitled 2015: ‘ 28 January Attended 2016: the Supreme and Federal Court ConferenceJudges’ Brisbane. in 1 February Attended 2016: the Eastern Orthodox Opening of the Legal Ceremony Year at St Eustathios Church, South Melbourne. February Delivered11 2016: motivational speech on how to succeed academically and professionally to students of St Andrew’s Grammar School in Perth. February12 Attended 2016: the launch of the Tasmanian Chapter of the HellenicAustralian Lawyers Association at the Supreme Court of Tasmania. February12 Attended 2016: the launch of the Western Australian Chapter of the Hellenic Australian Lawyers Association at the Supreme Court of Western Australia. cultural on sessions presented 25 February Jointly 2016: diversity, interpreters and courtroom control at the National Adelaide. in Program Orientation Judicial Attended8 April 2016: a meeting of the Admissions Committee Law. Uniform Profession Legal the under established Justice Beach September Attended14 2015: and addressed the Victorian Bar Readers’ Course on the topic ‘ Justice Priest Justice 19 February 2016: Conference in the McPhee Room in Owen Dixon Chambers on ‘ 25 February Delivered presentation ‘ entitled 2016: Control – Contempt in the Face of the Court Program. Orientation Judicial Gave23 an March address2016: at the Harold Ford Scholarship reception at Melbourne Law School. Delivered7 June 2016: a presentation at the Victorian Bar’s launch of the Open Courts Act pro bono scheme at Owen Dixon East. Chambers at the Bar Readers’ course. Participated April18 2016: in the hearing and adjudication of the Grand Final of the Monash Law Students’ Society General Moot Competition, Senior Division, 2016. 21 September Attended21 2015: and delivered a presentation at the Commercial Court CPD Seminar at Monash University on the topic ‘ Delivered30 March 2016: a presentation on ‘ SUPREME COURT OF VICTORIA COURT OF SUPREME 70 APPENDICES seminar ‘ seminar 2016: Attended the Judicial26 February College of Victoria Orientation Program 2016: Attended21 the ‘ February 25 to Victoria. of College Judicial the at meeting Committee Book Bench Rights Human the 2016: Attended January 28 Centre. Cooper William the at held Seminar Bar 72 Mural Hall. Myer at Dinner Bar Victorian the 2016: May 27 Attended Scholarship at Ninian Stephen Chambers. Saunders Cheryl of 11 launch the 2016: May Attended attended. also Triggs) Gillian Professor (including luminaries rights human other and McLeish Justice and address the gave Africa South of Court Constitutional the of O’Regan Kate Justice Book. Bench Rights Human the of launch the 10 2016: May Attended Victoria. of College Judicial the at meeting Committee Book Bench Rights Human the 2016: 14 and April Attended March 22 School. Law Melbourne the at Constitution Australian the to Handbook Oxford the on aconference 2016:19 March Attended School. Law ‘ entitled asession presented and 2015:10 November Attended Victoria. of College Judicial the at meeting Committee Book Bench Rights Human the 2015: Attended 8 October Court. Federal the at Moot, Championship 2015 the 2015: Victorian Attended 6 October House. Government at Gordon Michelle Hon the and Nettle Geoffrey Justice Hon the of Australia of Court High the to appointments 2015:17 Attended September a reception recognising the Law School. Wrong? We are Doing What Courts: UL the ‘ entitled Hale Lady Hon Rt the by delivered Lecture Caldwell the 2015:10 Attended September Victoria. of College Judicial the at meeting Committee Book Bench Rights Human the 2015:10 Attended September Court. Banco the in held reception seminar Anniversary 20th Appeal of Court the 2015: August 20 Attended MCLeish Justice teleconference. Committee Justice Indigenous Administration Judicial of Institute Australasian 2016: June 29 Attended Aboriginal Cultural Awareness Committee. Officers’ Judicial the of ameeting 2016:21 June Chaired ‘ 2016: June 16 Council. Heritage Cultural Compensation and Land Tribe Wurundjeri the of Nicholson Bill Uncle by culture and history on Wurundjeri staff Court to 10 apresentation 2016: June Chaired Aboriginal Cultural Awareness Committee. Officers’ Judicial the of ameeting 2016:6 June Chaired ‘ seminar twilight Victoria of College Judicial the 2016:5 May Attended Communicating with Indigenous Witnesses Recent Developments in the Law of Trusts Law of the in Developments Recent SUPREME OF COURT VICTORIA Administrative Law in an Age of Statutes of Age an Law in Administrative Aboriginal Placement Principles Placement Aboriginal Attended Judicial College of Victoria seminar seminar Victoria of College Judicial Attended ’ in Adelaide. ’ in Protecting Human Rights in in Rights Human Protecting National Judicial ’. ’ at the Melbourne Melbourne the ’ at ’ at the Commercial Commercial the ’ at ’. ’ at Melbourne Melbourne ’ at

Group. Liaison Criminal the of ameeting 2015:9 November Attended Committee. Planning Course Writing Judgment Australia of College 2015:4 November Attended the meeting of the National Judicial Council. Advisory External School Law University Melbourne the of meeting the chaired and 2015:19 Attended October between Uganda and Victoria. connection advocacy the promote to Australia Mission Justice 2015:15 Attended October the dinner organised by International conference on current developments in the Criminal Division. Bar/LIV Victorian the at presented and 2015: Attended 9 October Lawyers. Women Victorian the by organised 2015: Judged the September 29 semi-final of the Warren Moot advocacy. written on views judicial on Readers’ Bar Victorian the to presented and 2015: Attended September 29 barristers’ advocacy ‘ seminar Bar Council/Victorian Training Association Bar Australian the at discussion panel the at 2015: Presented September 28 University. at Melbourne Competition Examination Witness Utz Clayton of final grand the 2015: Judged September 24 law. animal on Moot Intervarsity Zealand New and Australian the of final grand the 2015: Judged September 20 WorkingEvidence Group. Forensic the of ameeting 2015:16 Attended September Hale, Baroness of Richmond. Lady Hon Rt the with afunction 2015:10 Attended September Oration. Harford Lesbia Lawyers’ Women Victorian the 2015: Attended 9 September Committee. Planning CommBar the of ameeting 2015: Attended 8 September Liaison Group. Criminal the of ameeting 2015: Attended 7 September Certificate. Crimes Indictable the concerning ameeting 2015: August 27 Attended of Jurists. Commission International 2015: August 27 Attended the fundraising event for the of the Victims Agency. Support representatives with ameeting 2015: August Attended 24 committee. planning writing judgment Australia of College 2015:18 August Attended a meeting of the National Judicial Commission. Rights &Human Opportunity Equal Victorian the by organised 13 August 2015:13 August Attended the ‘ 21st the in Advocates Century on ‘ in Boston conference Association Bar Australian the 107 to 2015: July Attended Australia for Impacts ‘ on DC Washington in conference Association Bar Australian the 2015: 5July 3 to Attended Hollingworth Justice What the Bench and Bar are doing to enhance to enhance doing are Bar and Bench the What ’. ’. Survival of the Fittest: Challenges for for Challenges Fittest: the of Survival ’. Accelerating Change Accelerating Trends in American Justice: ’ seminar ’ seminar

APPENDICES

’ ’. ’ at Melbourne Asian Cultural ’ in the Supreme ’ program at the ANNUAL 73 REPORT 2015–16 Judicial Administration Judges and the Academy ’. Judging for the People Attended a combined Supreme Court of Attended the launch in the Law Library for Administrative in Law an Age of Statutes Administrative in Law an Age of Statutes University of Melbourne. of University 31 March 2016: Court. Supreme the anniversary of 175th the Supreme the anniversary of 175th the Attended April12 2016: Court and launch of ‘ Library. Court Attended27 May 2016: the Victorian Bar Dinner at Myer Hall.Mural Delivered2 June 2016: a presentation to students from St Bede’s College as part of the Supreme Court Education Program. 13 November 2015: Attended November13 2015: presentation by Annabel Crabb, organised by Green’s List. Federal and 23 Supreme to 27 the January Attended 2016: Court Judges’ Conference in Brisbane, including chairing a session and attending meetings of the organising committee. Victoria of College February26 Judicial the Attended 2016: ‘ Law School. Attended March10 2016: Commercial a Court Users Group meeting. Victoria and Federal Court of Australia judges’ reception held at the Federal Court of Australia. October Attended16 2015: the Australasian Institute of ‘ on oration Administration Judicial seminar at the University of Melbourne. 6 October Attended 2015: the Lucinda Lecture at the Monash Chambers. Law 8 October Attended 2015: the Australian Academy of Law symposium. Conference Judicial the October Attended 9 to 11 2015: Australiaof Colloquium conference. 15 October 2015: Justice Hargrave Attended1 July 2015: the inauguration of the Hon Linda Dessau AM at Government House. February15 Attended 2016: a seminar entitled ‘ in the Courtroom Awareness Victoria of College February26 Judicial the Attended 2016: seminar ‘ Justice Cavanough Attended3 and 5 July 2015: the Australian Bar Association conference Washington, in USA. Attended July 2015: 7 to 10 the Australian Bar Association conference Boston, in USA. Attended5 August 2015: the Personal Injuries and Dust Diseases List CPD seminar in the Banco Court. Attended August12 2015: the launch for Pizer’s Annotated ActVCAT (5th ed.) at VCAT. ‘ the 4 September Attended 2015:

. Employment and ’. Attended a combined Supreme Court of ’ seminar at the William Cooper Justice Centre. : Presented to students from St Michael’s Grammar Healthy Court Culture Attended the Judicial College of Victoria’s Charter Charter Victoria’s of College Judicial the Attended May 2016: 10 of Human Rights Bench Book Launch in the Banco Court. 7 September Attended 2015: a meeting with delegates from Council. Bar Indian the 15 October 2015: Victoria and Federal Court of Australia Judges’ reception held at the Federal Court of Australia. 29 October Attended 2015: the reception for Justice Zervos Melbourneat University. 29 October Attended 2015: the Castan Centre/United Nations Association of Australia human rights panel. Attended5 May 2016: and spoke at the ‘ List Industrial Attended the Judicial College of Victoria Victoria of College Judicial the Attended July 2015: 13 regarding update on changes to Jury Directions Act 2015 Justice Bell Justice organised by Justice and Tate the Women Barristers’ Association. Judicial National the at Presented 20 to 23 March 2016: College’s judgment writing course in Canberra. Conducted9 April 2016: a judgment writing seminar at Deakin University for judges of the Supreme Court of Sri Lanka. Attended20 April 2016: a reception to mark the launch of the Indictable Crime Certificate. Presented28 April 2016: to the Bar Readers on written advocacy. Attended2 May 2016: a meeting of the Criminal Liaison Group. Attended May 2016: the launch11 by Melbourne Law School of the Cheryl Saunders Scholarship. 19 May 2016 Court. Supreme the of work the on Attended24 May 2016: a reception for the Magistrate to Barrister Mentoring Program, organised by the Women Barristers’ Association. Attended1 June 2016: a meeting of the Forensic Evidence Group. Working AttendedNovember 2015: 11 a meeting of the Forensic Group. Evidence Working AttendedNovember 2015: 11 the launch of the CommBar Equitable BriefingPolicy Initiative. Attended November13 2015: a presentation by Annabel Crabb, organised by the Green’s List. Attended November to 15 2015: 13 the Back to the Country weekend on Gunai Kurnai Land. Judged March 2016: one19 of the moots for women barristers Attended the Judicial College of Victoria Victoria of College Judicial the Attended November10 2015: seminar ‘ SUPREME COURT OF VICTORIA COURT OF SUPREME 72 APPENDICES of Corrs Chambers Westgarth. offices new the of opening the 2015:19 November Attended LawConstruction Australia for the 2015 national conference. of Society the to address an 2015: Presented October 22 Ellison. Minter at Conference. Law Commercial on case management at the London 2016 International apresentation delivered and 2016: June 30 and 29 Attended Meeting.General 2016: May 25 Attended the Menzies Foundation’s Annual meeting. Board Advisory School Law 19 aDeakin 2016: May Chaired ‘ on seminar 13 2016: May Attended the Judicial College of Victoria’s 74 entitled ‘ seminar Australia Law Construction of Society the and 2015: Attended 8 October Court Enterprise Property Intellectual the in Experience entitled ‘ property intellectual on Lecture Gurry Francis 7th the 2015: Attended 2 September Justice Vickery mediation. studying students of aclass to School Law University Melbourne at address an 2016:8 April Delivered Justice Lasry ‘ seminar 2016: Attended the Judicial26 February College of Victoria JForrest Justice ‘ Literature Series and Law Victoria’s of College Judicial 12 the 2016: May Attended resolution. dispute in judge the of role the on speaking as well as history professional and background Provided resolution. dispute studying Melbourne of University from students Doctor Juris 2016: 6May 5 and Addressed ‘ on School Law Deakin by hosted judges Lankan Sri visiting for aseminar 2016:7 April Addressed judges. Lankan Sri visiting of delegation for School Law Deakin at reception 2016:6 April Attended ‘ book the of launch the for Court Bishops 2016: March 29 Attended Justice Robson CPD seminar in Court 6 of the William Cooper Justice Centre. Justice Cooper William the 6of Court in seminar CPD 2016:21 April Attended the Personal Injuries Dust and Diseases Litigation East-Kinglake Kilmore ‘ entitled School Law Melbourne and Victoria of Court Supreme the by hosted jointly Zammit Justice with asymposium 2016:13 April Co-chaired Sydney. in seminar actions aclass 14 2016: 15 and March Attended reforms. Court Practice the on Judd Justice with Bar Victorian the of members to apresentation 2016:2 March Delivered School. Law SUPREME OF COURT VICTORIA Administrative Law in an Age of Statutes of Age an Law in Administrative Saluting the Amaryllis the Saluting The Digital Future: Challenges Opportunities and Celebrating 150 Punishment and Crime Celebrating years: Innovation in Litigation: Lessons from the the from Lessons Litigation: in Innovation Delay Analysis: is it really that hard? that really it is Analysis: Delay To boldly reform IP dispute resolution: resolution: IP dispute To reform boldly ’ by the Hon CRTadgell. Hon the ’ by ’. The Judicial System in Australia ’ at Melbourne Melbourne ’ at ’. ’. ’ ’. ’.

Attended the launch of Law Week. Law of 11 launch the 2016: May Attended address. the gave Africa South of Court Constitutional the of O’Regan Kate Justice Book. Bench Rights Human the of launch the 10 2016: May Attended Roll. Bar the of signing the 2016:5 May Attended 2016: April 22 Attended the Collegial Leadership Forum. court. Banco in seminar Appeal of Court the of Anniversary 20th the 2015: August 20 Attended VCAT Act. Annotated Pizer’s 2015:12 August Attended the launch of the 5th edition of Aids to the Discovery Process in Construction Litigation Construction in Process Discovery to the Aids ‘ on Kingdom United and Kong Hong Law Construction of Society the to teleconference via and (Australia) Law Construction of Society the to apaper 2016:5 May Presented AM. Kennedy Ian Mr of achievements the celebrate to areception 2016:3 March Attended Arbitration Commercial ‘ of launch book the 2016: Attended February 25 event. website of launch Chambers Construction and Engineering Technology Melbourne the 2015:10 Attended December society. the to address Christmas the delivered and Moot Charrett final Australia’s Law Construction of Society the on feedback 2015: Delivered 9 December Sydney. in Conference Arbitration 2015: November Attended 24 to 23 the Third International ‘ 13 2015: July Attended the Judicial College of Victoria seminar Emerton Justice ‘ Rimmer and Lloyd launch, book the 2015:18 November Attended meeting. Committee Centre Mediation and Arbitration Commercial aMelbourne 2015:17 November Attended Australia’s Regime Arbitration ‘ seminar CPD Commercial Monash the at apresentation delivered and 11 2015: November Attended Court. Supreme the at meeting 2015:10 November Attended the Class Actions User Group conference. Bar/LIV Victorian the at discussion 2015: Attended9 October the ‘ ‘ seminar CPD List Green’s the chaired and 2015: Attended September 30 Court ADR Commercial the the in ‘ conference gres’ ‘kon IAMA LEADR the at address keynote the delivered and 2015: Attended September 24 ‘ seminar CPD Commercial Monash the chaired and 2015:21 Attended September New Guinea. Papua of Court Supreme the of Manahu George Justice for reception welcome the 2015:21 Attended September Croft Justice Juries Directions Act 2015 Act Directions Juries Sale of Land Act Victoria Land Act of Sale Identity Issues for Mortgagees for Issues Identity ’ in the Supreme Court Library. Court Supreme the ’ in ’ in the Supreme Court Library. Court Supreme the ’ in ’. Civil Appeal Rules Appeal Civil ’ with the Hon Chief Justice Allsop AO. AO. Allsop Justice Chief Hon the ’ with Path to Enlightenment ’. The Role of the Courts in in Courts the of Role The ’. ’. Australian Australian Support forSupport ’ panel ’ panel ’. Electronic Electronic

APPENDICES

’ ’. Civil Procedure The Digital Future: Innovation in Litigation ’ at Minter Ellison. ’. ANNUAL 75 REPORT 2015–16 Managing your day in court ’. Presented a session at the Junior Junior the at session a Presented Attended and delivered a presentation at the Chaired a CPD seminar on the ‘ Future Library Direction ’ for Greens List. Insurance Contracts Act Handbook Continuing Education Legal Association Australasia. of 23 to 28 January Attended 2016: the Supreme Court and Federal Court judges’ conference in Brisbane. 16 March 2016: Act 2010 Justice McMillan Commonwealth the October and Attended 18 17 2015: 16, 14, Magistrates Court and Judges’ Association Conference in Zealand. New Wellington, 15 October 2015: Justice John Dixon Attended May 2016: a conference 13 entitled ‘ Challenges and Opportunities Attended April13 2016: a symposium on ‘ at Melbourne University. Justice Macaulay Attended July 2015: 14 reception and viewing of the Emmerson Collection at the State Library of Victoria. Attended1 August 2015: the Law Library of Victoria planning workshop on ‘ 24 Attended August 2015: a joint function between the Bendigo Bar and Bendigo solicitors and delivered a speech the and district the in Bar the and Bench the regarding importance of the regional circuit. 28 January Attended 2016: the Supreme and Federal Court judges conference Brisbane. in 19 February 2016: Bar Conference held at Owen Dixon East Chambers with Dr Andrew Hanak on the topic of ‘ Participated2 March 2016: in the Supreme Court Education Program and addressed a group students of year 11 from Plenty Valley Christian. Delivered April13 2016: a speech at the launch of the 9th Edition of the ‘ Victoria of College Judicial the Attended 22 April 2016: Program. Management and Leadership Presented3 May 2016: at the Law Library of Victoria & Jurisdictions’ Forum at the Supreme Court Library. Presented4 May 2016: on civil procedure to the first year Juris Doctor Melbourne University students. Chaired May 2016: a meeting11 of the Law Library of Victoria Committee and Supreme Court Library Committee at the Victorian Owen Bar, Dixon Chambers East. Chaired May 2016: the12 Council of Law Reporting in Victoria meeting in the Barak Room. the presented Justice, Chief the Representing May 2016: 12 Supreme Court Prize at the Deakin Law School Awards. Participated2 June 2016: in the Monash University Externship Court. Supreme the attending students with program Attended3 June 2016: the Consultative Council of Australian Law Reporting Conference in Sydney. Presented23 June 2016: to Dafydd Lewis Scholarship Court. Supreme the at students Removal ’. ’ at a CPD ’ at Melbourne What happens ’. ’. Asian Cultural Awareness in the Insolvency in Review A Year and ’ at Monash University Law Chambers. An InternationalAn Commercial Court for Delivered a paper entitled ‘ ’. ’. ’. Asian Cultural Awareness in the Courtroom Administrative in Law an Age of Statutes Communication with Impact Statutory Interpretation Statutory Attended the Judicial College of Victoria Victoria of College Judicial the Attended 22 April 2016: Program. Management and Leadership Law School. Victoria of College February Judicial the 15 Attended 2016: seminar ‘ Justice Almond 30 September Attended 2015: a Special Audit & Risk Portfolio meeting. Committee October Was a member14 2015: of the judging panel for grand final of theWarren Moot organised by the Victorian Lawyers. Women Attended November 2015: 11 the launch of the CommBar Equitable Briefing Initiative at the Federal Court of Australia. Victoria of College Judicial the Attended November17 2015: Consultation ‘ entitled Twilight Victoria of College February26 Judicial the Attended 2016: seminar ‘ Courtroom Justice Sifris 29 October Attended 2015: and addressed the Law Council of Australia Insolvency & Reconstruction Committee workshop. 15 November 2015: 8 December Delivered 2015: a lecture to a business forum ‘ entitled Attended9 June 2016: the Greens List CPD at Monash University Law Chambers in Lonsdale Street. when religion and the law conflict February10 Delivered 2016: a presentation at a commercial CPD seminar at Monash University Law Chambers on ‘ the Year Aheadthe Year Attended the Opening of the Legal Year Year Legal the of Opening the January Attended 18 2016: event held at the Geelong Law Courts and St Mary’s Basilica. February10 Attended 2016: the Monash commercial CDP seminar. Victoria’s of College February Judicial the 16 Attended 2016: Committee). Education the (representing group focus Commercial 25 February Australian the Attended 2016: Arbitration Book launch held at the Supreme Court Library. Attended4 March 2016: the Arbitrators & Mediators Institute of New Zealand conference held in New Zealand. Together April with13 the 2016: Chief Justice, delivered a presentation ‘ entitled Keynote March speaker10 2016: at a conference hosted by HWL Ebsworth Lawyers on ‘ Australia: Looking beyond the Convention New York Monashseminar at Law held Chambers. Chaired8 June 2016: a commercial CPD seminar on ‘ Trustees of SUPREME COURT OF VICTORIA COURT OF SUPREME 74 APPENDICES 76 2016 Conference. Law Commercial International London the at commentator and 2016: June 30 apanellist Was (LEADR & IAMA). Institute Resolution to the Developments –Recent Arbitration ‘ entitled apaper 15 2016: June Presented ‘ on Solicitors Willan Fenwick Holman by hosted seminar law amaritime 2016:6 May Attended meeting. List Group User Admiralty an 2016: March 23 Chaired RMIT. at Room Reading and Library 2016: March 16 seminar. law maritime and admiralty Court’s Federal the 16 2016: March Attended Group. Year 11 Studies College Legal Lowanna addressed and Program Education the in 2016:10 March Participated Commercial Law Conference Young Competition. CommBar Essay 2016:9 March Co-judged the London 2016 International Ramsey. Vivian Sir Hon the by given alecture hear to School Law University 2016: Melbourne 7 March Visited seminar. Awareness Cultural Asian 2016: Attended15 the Judicial February College of Victoria Cathedral to mark the opening of the legal year. Patrick’s St at Mass Red the 2016: Attended 1 February Courtroom the Twilight entitled ‘ Consultation 2015:17 November Attended the Judicial College of Victoria Court. Banco the in Symposium Law of Academy Australian the co-chaired and 2015: Attended 8 October Court. Banco the in Conference Law Commercial School Law University Victoria/Melbourne of Court Supreme annual the of asession chaired and 2015: Attended 7 September Competition. Mooting Hanover and Victoria of Institute Law the of round apreliminary 2015: August 20 Adjudicated Moot. Arbitration Law Maritime 2015:7 July a semi-final of the International Adjudicated Moot. Arbitration Law Maritime International 16th the Annual for 2015:3 July Addressed the competitors at the Welcome Reception House. Government at AM Dessau Linda Hon the of inauguration the 2015:1 July Attended Justice Digby Australasian Tribunals conference. 10 2016:9 and June Attended the national Council of Tribunals and Courts for Media ‘ on asymposium 2016: May 27 Attended to Courts –Tribunals Fairness ‘ on Melbourne in conference Tribunals Australasian of Council the at 2016: April 22 Presented ‘ seminar Victoria of College Judicial the 2016: Chaired February 24 for VCAT members. ‘ seminar 2016: Attended the Judicial9 February College of Victoria Garde Justice SUPREME OF COURT VICTORIA Active Rather Than Passive – Clear Communication –Clear Passive Than Rather Active Measuring and Managing Court Performance Court Managing and Measuring ’. Attended the official opening of the Tom Smith theSmith of Tom opening official the Attended ’. The Role of the Expert Witness Expert the of Role The Asian Cultural Awareness in in Awareness Cultural Asian ’. Ensuring Procedural Procedural Ensuring Challenges of Social Social of Challenges International International ’. ’. ’ ’

Program. Education Court Supreme the of part as College Presentation from students to apresentation 2016:21 June Delivered Victoria. of Court Supreme room, Barak the in Council Wurundjeri Court the and History 2016:9 June Attended the seminar ‘ Court. Circuit Federal 2016: May 31 and Opportunities ‘ on 13 aworkshop 2016: May Chaired Volunteers’ Week. National of part as lunch appreciation volunteers’ Victoria’s of Court Supreme the at 12 aspeech 2016: May Delivered Academy. Tribunals and Courts Centre, Cohen Zelman Sir the Susskind OBE entitled ‘ entitled OBE Susskind Richard Professor by delivered alecture 2016:3 May Attended Chambers. Dixon Owen Room, McPhee Neal the at Course Readers Bar Victorian the for ‘ on aseminar 2016:10 March Conducted statutes of age an 2016: Attended the seminar26 February ‘ Arbitration Commercial ‘A of launch the 2016: Attended February 25 Chambers. Dixon Owen Room, McPhee Neal the at witnesses 2016: February 19 at the Judicial College of Victoria. ‘ on seminar Victoria of College Judicial 2016: Attended 15 February Victoria. of Court Supreme Team the at Project ICT Judicial the thank to event an Victoria of Court Supreme Officer, Executive Chief Anderson, Louise with 2016: Co-hosted 10 February House. Government at Reception Morning and Service Multi-faith 2016: Attended the Opening1 February of the Legal Year awareness conducted by the Judicial College of Victoria. cultural Asian on aseminar 2015:17 November Attended conducted by the National Judicial College of Australia. program aleadership 2015: Attended October 30 and 29 age ‘virtual’ in a effectively trials and evidence discussion was ‘ under 2015. topic The Conference &LIV Bar Victorian the of part as discussion 2015: apanel in Took9 October part course. Readers Bar Victorian the for proofing witness on aworkshop 2015: Conducted September 28 Melbourne. House, Government at Nettle and Gordon Justices for reception the 2015:17 Attended September seminar.twilight Koori Victoria’s of College Judicial 2015:18 August Attended House. Government at AM Dessau Linda Hon the of inauguration the 2015:1 July Attended Elliott Justice ’ for the Victorian Bar’s Junior Bar Conference Conference Bar Junior Bar’s Victorian the ’ for Asian cultural awareness in the courtroom the in awareness cultural Asian Attended the welcome for Judge McNab at the the at McNab Judge for welcome the Attended The Paper(less) Chase: managing discovery, discovery, managing Chase: Paper(less) The ’ at the Judicial College of Victoria. of College Judicial the ’ at ’ at the Judicial College of Victoria. of College Judicial the ’ at Conducted a seminar on ‘ on aseminar Conducted ’ given by Uncle Bill, Elder from the the from Elder Bill, Uncle by ’ given ’ at the Law Library of Victoria. of Library Law the ’ at Future of Courts and Legal Services Legal and Future Courts of Talking Heads: Wurundjeri Wurundjeri Talking Heads: Digital Future: Challenges Future:Digital Challenges Preparing witnesses Preparing Administrative law in in law Administrative ’. ustralian ustralian Preparing ’ ’ at ’ at ’ APPENDICES

Advanced Concepts of The Operation of ’. ’. ANNUAL 77 REPORT 2015–16 ’. Innovation in Litigation: Lessons from the Chaired the Self-Represented Litigants Litigants Self-Represented the Chaired ’ at Owen Dixon Chambers. Attended the Australian Insurance Law Was a guest judge at a moot for the Women ’ seminar. ’ ’ at the inaugural Employment & Industrial List seminar Funds in Court: Financial Abuse Series (Day 2) Asbestos and other related diseasesAsbestos litigation and related other Medical Law Forum. Chaired9 March 2016: the Judicial College of Victoria’s ‘ 19 March 2016: Barristers’ Association. Co-chaired April13 2016: a symposium with Justice J Forrest jointly hosted by the Supreme Court of Victoria and Melbourne Law School called ‘ Kilmore East-Kinglake Litigation 12 October Attended12 2015: the Melbourne University‘ Civil Litigation 15 October 2015: Association national conference. Attended November 2015: 11 the Broadmeadows Community Meeting. General Service Annual Legal Participated November12 2015: in the gender equality video by the Football Federation of Victoria. 24 Delivered November 2015: the keynote address on legal ethics at the Australian Italian Lawyers Association networking event. 27 to Attended 28 November 2015: as the facilitator at the Women in Football Century 21st Hall Town meeting held in the Olympic Room at the MCG. internship students’ Cussen Leo the 4 December Attended 2015: Hospital. Association Barristers Women the December Attended 14 2015: Christmas function. 16 February 2016: Expert Round event Table at the Sir Zelman Cowen Centre. Participated7 March 2016: in the Supreme Court Education students. School High Shepparton with Program Was the8 March Keynote 2016: Speaker at the Slater & Gordon and mentoring session. mentoring and December Participated11 2015: in a tour of the Thomas Embling Justice Beale Justice Presented22 March2016: to the Bar Readers on ‘ Cross-examination Attended April14 2016: a meeting with the Department of complainants’ multiple Justiceand relation to Regulation in trials. offence sexual Attended May 2016: 10 a Human Rights Bench Book Committee meeting at the Judicial College of Victoria. McDonald Justice Attended9 November 2015: a consultation leading with 18 practitioners on employment and industrial law. presentation Delivered ‘ a entitled 5 May 2016: the List held at the William Cooper Justice Centre. Charter Victoria’s of College Judicial the Attended May 2016: 10 of Human Rights Bench Book Launch in the Banco Court. Justice Zammit Participated5 August 2015: in the Personal Injuries List CPD practitioners.seminar for entitled seminar Legalwise the 4 September Attended 2015: ‘

’ ’ ’ ’. Trends in American Justice: Justice: American in Trends Judges and the Academy Series Judging for the People ’. ’ at the Melbourne Law School. Survival of the Fittest: Challenges for Protecting Human Rights in the UL Courts: ’. Administrative in Law an Age of Statutes Attended the Governing Council meeting : Attended the farewell sitting for former Delivered a presentation to Legal Studies students students Studies Legal to presentation a Delivered Balancing the Demands of Judicial Life Attended the Salvation Army event at the the at event Army Salvation the Attended August17 2015: Myer Mural Hall. Delivered25 May 2016: a keynote address and the Supreme Court Prize on behalf of the Chief Justice at the Melbourne Law School Awards Ceremony at University 2016 of Melbourne. Justice Cameron Justice Croucher Manual Proceedings Criminal the Chaired 1 March 2016: Victoria. of College Judicial the at Committee Editorial Attended July7 and 2015: 10 the Australian Bar Association conference Boston in ‘ on Justice Sloss Attended3 and 5 July 2015: the Australian Bar Association conference in Washington DC on ‘ Impacts for Australia Century Advocates in the 21st seminar at the University ofMelbourne. September Attended10 2015: the Caldwell Lecture delivered by Lady Hale entitled ‘ Australia of College Judicial October Attended 9 to 11 2015: Judicial Colloquium at Glenelg, 2015 South Australia. October Attended16 2015: Australian the 21st Institute of Judicial Administration Oration by Frank Fr Brennan SJ AO. February26 Attended 2016: and spoke at the Judicial College of Victoria seminar ‘ at Melbourne University Law School. 19 March 2016: Australia. of Conference Judicial the of 21 March: as part of the Supreme Court’s Education Program. Delivered5 April 2016: a speech at the Professional Development Day for the Supreme Court Education Team. Studies April Legal to 13 and April: 26 presentation a Delivered students as part of the Supreme Court’s Education Program. Addressed2 May 2016: Juris Doctor students from Melbourne University Law School. Studies Legal to presentation a Delivered 23 May and 2016: 31 students as part of the Supreme Court’s Education Program. 25 September Attended 2015: the Festschrift for Justice Paul Finn in Canberra. March18 2016 in the Supreme Court Library. Attended5 May 2016: the signing of the Bar Roll. International 2016 London the Attended 29 and 30 June 2016: Commercial Law Conference. Chief Judge Michael Rozenes AO. Attended April12 2016: anniversary the 175th of the Supreme Court and launch of ‘ What Doing are We Wrong? Justice Ginnane Justice August31 andSeptember 1 Attended 2015: and delivered the welcome address at the Judicial College of Victoria seminar ‘ Attended the ‘ the 4 September Attended 2015: SUPREME COURT OF VICTORIA COURT OF SUPREME 76 APPENDICES 78 2016 ‘ on 2016: February 19 Wood Justice Associate conference. Victoria of Institute Law Resolution Dispute Alternative the at address 13 akeynote 2016: May Delivered University of Melbourne. 2016: April 22 Delivered a seminar on judicial mediation at the Efthim Justice Associate staff. Court Supreme to session alunchtime at Bar the ‘Life at entitled aspeech 2016: June 22 Delivered Judicial College of Victoria. 2016: June 16 Applications ‘ on seminar CPD the 2016:21 April Attended Melbourne. of University the at 2016:13 April Attended the ‘ Justice Keogh sexual offence trials. in complainants multiple to relation in Regulation and Justice of Department the with ameeting 2016:14 April Attended Dixon Jane Justice Suzanna Sheed attended. also Shepparton for Member and Herbert Steve Skills, and Training for Minister and Victoria Northern for Member Carroll, Ben Justice, for Secretary Parliamentary the Lauritsen, Magistrate Chief Mullaly, Judge Courts. Law Shepparton state-of-the-art 2016:8 April Attended the ‘ Court. High Old the in moot Victoria of Institute Law the at 2015:6 August Adjudicated Riordan Justice Moseneke. Dikgang Justice Africa, South of Justice Chief Deputy former the with adiscussion 17 2016: June Attended Mentoring Program. Lawyers Women Victorian the of launch the 2016:9 June Attended meeting. Group Users List Diseases Dust the 2016: May 25 Chaired cracks the through slip women –migrant Australia in ‘ on discussion 19 apanel 2016: May Attended meeting. Group Users List Injuries Personal 18 the 2016: May Chaired College. Ave at Maria students with session answer and question 2016: May 16 Centre. Justice Cooper William the at students Doctor Juris RMIT with session answer and question a in part took and 13 apresentation 2016: May Delivered Week. Law of 11 launch the 2016: May Attended University. Victoria at OBE Susskind Richard Professor Services ‘ 2016:3 May Attended team. 15 girls’ under Club Football Keilor East the with session answer and question a in part took and apresentation 2016: April 27 Delivered Centre. Justice Cooper William the 6of Court in seminar CPD Diseases and Dust Injuries Personal the 2016:21 April Chaired SUPREME OF COURT VICTORIA ’ Sir Zelman Cowen Centenary Oration given by by given Oration Centenary Cowen Zelman ’ Sir Changes in costs assessments in the Costs Court Costs the in assessments costs in Changes ’ at the William Cooper Justice Centre. Justice Cooper William the ’ at Delivered a presentation and took part in a in part took and apresentation Delivered Attended the Koori twilight event hosted by the the by hosted event twilight Koori the Attended Spoke at the National Costs Law Conference Conference Law Costs National the at Spoke The Future of the Courts and Legal Legal and Courts FutureThe the of Turning of the first sod Turning first the of Expert Evidence Symposium Evidence Expert Personal Injury Injury Personal Family Violence ’ for the new new the ’ for ’. ’. ’ ’ seminar ‘ seminar 2016: Attended the Judicial26 February College of Victoria in Brisbane. Judges’ Conference Court Federal and Supreme the Attended January: 28 to 25 in Bendigo. 2016: Attended the Opening2 February of the Legal Year Marshall. Shane Justice for sitting 2015:20 November Initiative. Briefing Equitable CommBar the of launch the 11 2015: November Attended Courts. Law Commonwealth the at QC Moshinsky Mark for sitting ceremonial the 11 2015: November Attended Judicial College of Australia conference in Sydney. 2015: Attended October 30 the National and October 29 Victoria. of Library State the at Exhibition Sketchbook Australian the 2015:16 Attended September Bendigo. at Bar Victorian the by held seminar Jurisdictions 2015: August Attended24 and the Regional Courts Daly Justice Associate Ashurst Australia. Ashurst at workshop Law Insolvency Chinese Ashurst’s and Centre Law Asian School Law Melbourne the 2016:7 March Attended Chambers. Law University Monash at seminar 2016: Attended10 the ‘ February Associate Justice Randall ‘ on Course Readers Bar Victorian the to alecture 2016:13 April Delivered ‘ of topic the on Readers’ 2015 5 October Associate Justice Mukhtar of Australia’s ‘ conference 2015: Attended 9October 7 to the National Judicial College Appeal of Court the of establishment 2015: August 20 Attended the ‘ Gardiner Justice Associate Court and launch of ‘ of launch and Court 2016:12 April Attended the 175th of anniversary the Supreme House. at Government 2016: Attended the Opening1 February of the Legal Year Court Library. Monash Externship Program. Monash Externship 2016: May 31 Program. Education Court Supreme the of part as Immaculate Mary of Academy the from students to apresentation 2016: May 30 Delivered Tribunals conference on the ‘ 2016: May 27 26 to Attended the Judicial College of Australia 2016: May 20 Attended the ‘Judges and the Academy’ seminar. ‘ 13 2016: May Attended the Judicial College of Victoria seminar The Digital Future: Challenges Opportunities and ’. ’. Administrative Law in an Age of Statutes of Age an Law in Administrative Critical Aspects of Advocacy of Aspects Critical Hosted students in chambers as part of the the of part as chambers in students Hosted : Attended and addressed the Victorian Bar Bar Victorian the addressed and : Attended Challenges of Social Media for the Courts and and Courts the for Media Social of Challenges Judging for the People the for Judging Attended the Federal Court farewell farewell Court Federal the Attended Critical Aspects of Advocacy of Aspects Critical Dialogues on Being aJudge Being on Dialogues Twentieth Anniversary of the the of Twentieth Anniversary Commercial TrustCommercial Disputes ’ public seminar. ’ public ’. ’ in the Supreme Supreme the ’ in ’. ’. ’. ’. ’ APPENDICES ANNUAL 79 REPORT 2015–16

’. ’. ’. Innovation in in Innovation Inspiring Change: Inspiring Change: Measuring and Managing Not Just Jobs the For Boys ’ at Monash Law Chambers. ’ in Court 2 at 436 Lonsdale Street. ’. Attended the National Costs Law Conference Conference Law Costs National the Attended Attended the Women Barristers’ Association Civil Procedure Administrative in Law an Age of Statutes students on ‘ on students Attended April21 2016: the Personal Injury and Dust Diseases CPD seminar in Court 6 of the William Cooper Justice Centre. Attended5 May 2016: the seminar on Employment and Industrial List in the Banco Court. Gave a lecture May 2016: 13 to Melbourne University Juris Doctor Judicial Registrar Gourlay Registrar Judicial 19 February 2016: 2016. Creating a healthy workplace 27 October Attended 2015: and chaired a panel for the Victorian Women Lawyer’s entitled ‘ 6 October Attended 2015: and delivered the Tristan Jepson Memorial Foundation lecture ‘ entitled Associate Justice Ierodiaconou Associate Justice Derham the of Opening 1 February Multi-faith the Attended 2016: House. Government Year, Legal 24 February Attended 2016: a function celebrating the finalisation of the Civil Management List in the associate chambers. judges’ Victoria of College 24 February Judicial the Attended 2016: Leadership and Management Series ‘ Court Performance Victoria of College February26 Judicial the Attended 2016: seminar ‘ CPD seminar in Court 6 of the William Cooper Justice Centre. Attended April21 2016: the Funds in Court Inspire Awards at PricewaterhouseCoopers. Charter Victoria’s of College Judicial the Attended May 2016: 10 of Human Rights Bench Book launch in the Banco Court. Attended May26 2016: the farewell event for the Hon Judge from Yun Korea,KwonYon Melbourne University Asian Law Centre. Attended June 2016: 17 a discussion with the former deputy Chief Justice of South Africa, Justice Dikgang Moseneke. 19 March 2016: moot in the Red Court. Hosted30 Marchvisit a 2016: to the Supreme Court with the Hon from Yun Judge Korea sponsored KwonYon by Melbourne University Asian Law Centre. Attended April13 2016: a symposium hosted by the Supreme Court and Melbourne Law School entitled ‘ Litigation: Lessons from Litigation the Kilmore East-Kinglake Diseases and Dust Injuries Personal the Attended April21 2016: SUPREME COURT OF VICTORIA COURT OF SUPREME 78 APPENDICES 80 [email protected] 1300 388 Fax: 039 Tel: 1300 390 039 3000 VIC Melbourne Trobe Street 5,469 La Level [email protected] 6829 (03) 8636 Fax: Tel: (03) 9636 6811 3000 VIC Melbourne 250 William Street Court County Floor, Ground [email protected] Tel: (03) 9603 6282 3000 VIC Melbourne 210 William Street [email protected] (03) 9603 9400 Fax: Tel: (03) 9603 9395 3000 VIC Melbourne Street Lonsdale 436 4, Level (03) 9603 9400 Fax: Tel: (03) 9603 9300 3000 VIC Melbourne Street Lonsdale 436 2, Level [email protected] Tel: (03) 9603 4105 3000 Victoria Melbourne Street Bourke Little 450 Floor, Ground [email protected] (03) 9603 9111Fax: Tel: (03) 9603 9100 3000 VIC Melbourne Street 1, Lonsdale Level 436 FUNDS IN COURT IN FUNDS OFFICE COMMISSIONER’S JURIES VICTORIA OF LIBRARY LAW ADMINISTRATION COURT REGISTRY PRINCIPAL COMMERCIAL COURT REGISTRY REGISTRY APPEAL OF COURT APPENDIX 4: CONTACTS AND LOCATIONS AND 4: CONTACTS APPENDIX SUPREME OF COURT VICTORIA Ballarat Fax: (03) 5116Fax: 5200 Tel: (03) 5116 5222 3840 VIC Morwell 687) Box (PO 134 Commercial Road LaTrobe Valley 4454 (03) 5362 Fax: Tel: 4444 (03) 5362 3400 VIC Horsham 111) Box (PO Avenue Roberts 22 Horsham (03) 1653 5572 Fax: Tel: (03) 2288 5572 3300 VIC Hamilton 422) Box (PO Martin Street Hamilton (03)3392 5225 Fax: Tel: (03) 5225 3333 3220 VIC Geelong 428) Box (PO Railway Terrace Geelong 4162 (03) 5440 Fax: 4140Tel: (03) 5440 3550 VIC Bendigo 930) Box (PO Mall 71 Pall Bendigo 6213 (03) 5336 Fax: Tel: 6200 (03) 5336 VIC 3350 Ballarat 604) Box (PO 100 South Street Grenville REGIONAL COURTHOUSES AND REGISTRY LOCATIONS REGISTRY AND COURTHOUSES REGIONAL Fax: (03) 5821 2374Fax: Tel: (03) 5821 4633 Shepparton VIC 3630 607) Box (PO 14 Street High Shepparton (03) 5144Fax: 7954 Tel: (03) 5144 2888 3850 VIC Sale 351) Box (PO (Princes Highway) Street 79-81 Foster Sale (03) 5021 6010Fax: Tel: (03) 5021 6000 3500 VIC Mildura 5014) Box (PO Avenue Deakin 56 Mildura Fax: (02) 6043 7004 (02) 6043 Fax: 7000 Tel: (02) 6043 3690 VIC Wodonga 50) Box (PO 5 Elgin Boulevard Wodonga 1100 (03) 5564 Fax: 1111 5564 (03) Tel: 3280 VIC Warrnambool 244) Box (PO 218 Street Koroit Warrnambool (03) 5721Fax: 5483 Tel: (03) 5721 0900 3677 VIC Wangaratta 504) Box (PO Street 21 Faithfull Wangaratta Design and production Bite Visual Communications Group www.bitevisual.com.au

Photography Janusz Molinski Julian Kingma Les O’Rourke Max Deliopoulous Norm Oorloff Sarah Anderson Photography

The photos that appear on page 2 and 4 of this report are by Michel Lawrence, courtesy of the Law Institute Journal, August 2017.

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