Supreme Court of Victoria

Supreme Court of Victoria 2008–2009 AnnuAl RepoRt Contents 2008-09 Highlights 1 2008-09 overview 2 Chief Justice’s report 4 An overview Court 0f Appeal 6 The Trial Division 6 Judges and Associate Judges 7 our year in review The Court of Appeal 9 The Trial Division 12 Report of the Associate Judges 24 Alternative Dispute LETTER TO THE GOVERNOR Resolution (ADR) December 2009 at the Court 27 To His Excellency Professor David de Kretser AC Senior Master’s (Funds Governor of the State of Victoria in Court) Office (SMO) 28 and its Dependencies in the Commonwealth of Australia Reports from the Dear Governor wider court We, the Judges of the Supreme Court of Victoria have the honour to present Judicial Training 32 our Annual Report pursuant to the provisions of the Supreme Court Act 1986 Court Administration 33 with respect to the financial year of 1 July 2008 to 30 June 2009. Principal Registry 34 Yours sincerely Self-Represented Litigants Co-ordinator 36 Records Management 37 Occupational Health and Safety (OHS) Report 37 Marilyn L Warren AC Chief Justice of Victoria Juries Commissioner’s Office 38 Library 39 C Maxwell, P D L Harper, J E H Curtain, J P Buchanan, JA H R Hansen, J G Pagone, J Board of Examiners 39 G A A Nettle, JA D J Habersberger, J P A Coghlan, J Adult Parole Board 40 D J Ashley, JA R S Osborn, J R M Robson, J M A Neave, JA K M Williams, J J H L Forrest, J Forensic Leave Panel 40 R F Redlich, JA S W Kaye, J L Lasry, J 2008–09 Finance Report 41 J A Dodds-Streeton, JA S P Whelan, J J G Judd, J M Weinberg, JA E J Hollingworth, J P N Vickery, J Glossary 42 P Mandie, JA K H Bell, J E J Kyrou, J B D Bongiorno, JA K W S Hargrave, J D F R Beach, J Judicial Activity 44 P D Cummins, J B J King, J J Davies, J D M M Byrne, J A L Cavanough, J 2008-09 Highlights

NEW COMMERCiAL COuRT ASSOCiATE JuDGES

The Commercial Court is a new initiative of the Court On 17 December 2008 the Courts Legislation Amendment (Associate Judges) Act 2008 came into effect. It replaced the office of Master of the Supreme to meet the demand for judicial management of a Court with the office of Associate Judge. As such, each of the former Masters greater number of commercial disputes. it comprises is now an Associate Judge. a specialist team of eight Judges and Associate Judges An Associate Judge is now formally known and referred to as The Honourable within the Commercial and Equity Division of the Trial Associate Justice [surname]. In court, the appropriate form of address of and reference to an Associate Judge is “Your Honour” and “His Honour” or “Her Division. A proceeding in the Commercial Court is Honour”, while in judgments and similar writings, the appropriate abbreviation allocated to a docket of one of five lists. for an Associate Judge is “AsJ”. Associate Judges will robe in the same circumstances as Judges of the Court. Practice in the Commercial Court is characterised by its flexibility; directions will be tailored and may vary to suit the management appropriate to specific disputes and the views of the judicial officers to whom cases have been allocated, so as to achieve the objective of providing for the just and efficient determination of commercial disputes.

THREE NEW SPECiALiST COMPLETiON OF THE RECORDS LiSTS EARLy WORkS PROJECT MANAGEMENT AND THE COuRTyARD Since the appointment of the The Court introduced three Records Manager in October 2007, new specialist lists during the REDEVELOPMENT the Court has put substantial effort reporting period: the Judicial The Early Works Project was a major renovation project, into sorting through its sizeable Review and Appeals List, the collection of historic records. The spanning over two years from its commencement in 2006, Personal Injuries List and the Court is working on a retention and and with a budget of $26 million. The project involved the Technology, Engineering and disposal program for its collection. Construction List. The first two refurbishment of Courts 1, 2, 3, 4, 11, and 12. it also involved Numerous historic records (some lists are within the Common Law the construction of Courts 14 and 15; dedicated commercial dating from the 1840s) were sorted, Division, and the third list is in the litigation courtrooms. All courts were fitted with state-of- archived and sent to the state Commercial and Equity Division. the-art technology and disability access. archives for preservation. These new lists represent the The Courtyard Redevelopment Project followed the The Court was nominated for Court’s own method of introducing completion of the Early Works Project. The redevelopment a Sir Rupert Hamer Records docketing principles. It is also a has transformed the courtyard into an inviting space where Management award, an initiative recognition of the need to have court users can meet and collaborate. of the Public Records Advisory expert judicial officers manage Council, for its significant work cases in specialist streams. in records management.

1 OF 52 PAGES 2008-09 Overview

Trial division COURT OF APPEAL

Commencements in the Common Law Division Finalisations in the Common Law Division Commencements in the Court of Appeal Civil Division

200 250 30

25 200 150 20 150 100 15 100 10 50 2007/08 2007/08 2007/08 2008/09 50 5 2008/09 2008/09 0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June 0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June 0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June

Commencements in the Commercial and Equity Division Finalisations in the Commercial and Equity Division Commencements in the Court of Appeal Criminal Division

600 1,200 80

500 900 60 400

300 600 40

200 2007/08 300 2007/08 20 2007/08 100 2008/09 2008/09 2008/09

0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June 0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June 0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June

Commencements in the Criminal Division Finalisations in the Criminal Division Finalisations in the Court of Appeal Civil Division

40 40 30 35 25 30 30 25 20 20 20 15 15 10 10 2007/08 2007/08 10 2007/08 5 2008/09 5 2008/09 2008/09

2 of 52 pages Devolved Finance Responsibility and Changes to Budgeting Streamlining Jury Registration & Empanelments Substantial changes in the way the Court’s Finance data is structured to Barcode technology has been introduced to scan prospective jurors into the Finalisations in the Court of Appeal Criminal Division provide reporting and segmentation of responsibility to give managers pool room and subsequently used to track jurors’ movements throughout 80 budget input opportunity and to provide regular reporting on actual the day. The technology assists in expediting the morning registration expenditure segmented to each responsible area. Revised the Court’s process and also in discharging of jurors at the end of their service. budgeting to consult with various managers and others so that a “Needs 60 Driven” budget was developed for the 2008-09 year. Health & Safety Events During the year, the court supported and encouraged staff to 40 Q-Matic Queuing System participate in a range of health and safety events. These included Automated queuing system introduced into the Principal Registry the Corporate Games, Ride to Work day and more recently the Court enabling a triage of clients waiting, and a far more professional image. Netball Team. 20 2007/08 2008/09 Scanning of Divorce Records Audio Broadcasting of Sentences 0 July AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch April May June Divorce proceedings, although not part of the current business of Audio broadcasting of sentences, via web streaming technology, was the Court, are amongst records that are routinely accessed by clients. successfully used in the sentencing of Christopher Hudson, Margaret Scanning has enabled the indices to be archived to Public Records, and Vandergulik and Benbrika & Ors. These have resulted in news allows greater efficiency for staff accessing records. Prior to scanning items with extracts of the judge’s comments used instead of reporters the indices, it was necessary to go through multiple indices sometimes (television and radio) paraphrasing comments. Newspapers have over lengthy periods of time to retrieve old information on a divorce included links to the entire sentence. processed by the Supreme Court. Environmental initiatives Computer Housing of Probate Application and Caveats indices Having conducted an energy audit funded by the Department of Justice Searching of these records now takes place via public terminals located in May 2008, the Court was successful in applying for further funds within the Principal Registry. Previously, the Probate counters were under the Secretary’s Environmental Initiative Program in 2008-09. lined with large leather-bound indices and registers that persons With these funds, the Court completed several projects aimed at reducing lodging probate applications were required to manually search. energy consumption and green-house gas emissions. These included installing movement sensors in some offices to automatically turn off Probate On-line Advertising Service lights, and installing energy efficient light globes and better lighting The on-line advertising service commenced in March 2009 and reflectors. The Court also replaced most light globes with new compact will form the only method of advertising for probate matters from 3 fluorescent light globes. September 2009. Other initiatives include the commencement of the new building PGP - Encryption Software management system, which amongst other things will provide remote and timer activated controls for air-conditioning and lighting. Introduced PGP software (encryption software) which can be used to encrypt files that are sent via email. It is password protected and is indigenous Associateship now used to securely send and receive jury rolls from the Victorian The Court established a pilot Indigenous Associateship Program to assist Electoral Commission, which are subsequently sent to a mail house for Indigenous Law Students to experience the legal system to enable them to the dispatch of Jury Questionnaires. It is also used to receive criminal be better placed to pursue a career in the law. The pilot program is in part checks from Victoria Police. This has led to improved efficiency by no an effort to redress the imbalance of low numbers of Indigenous people in longer physically transporting the files in CD format. the legal profession generally. The funding for the program was secured through the Legal Services Board’s new grant scheme.

3 OF 52 PAGES Chief Justice’s Report

The Supreme Court has pleasure in The situation has worsened in the The highlight of the year for the court presenting its annual report for the year reporting year. To meet the needs of has been the establishment of the 2008 – 2009. the Court of Appeal additional judges Commercial Court. It is a very exciting The year has been extremely busy and of appeal have been appointed from the element within the court based largely productive in all jurisdictions of the Trial Division. Further, a newly funded upon the London Commercial Court. It court. There are specific matters I judge position, although originally is seen as an opportunity for the court highlight: intended for the Trial Division, was to manage litigation in an exciting and allocated to the Court of Appeal. The innovative way, unprecedented in this • The pressures on the Court of Appeal; pressures remain. The court continues to state, and largely untried elsewhere. • The significance of a new court engage in discussions with government It has been extremely successful and building; and seeking an increase in the number of attracted considerable business. The appeal judges and resources to assist Commercial Court enables the Supreme • The establishment of the new judges in the significant work they do. Court to expand its service to the Commercial Court. The Court of Appeal of the Supreme business community of Victoria. We have seen a clearance of backlogs Court of Victoria is the last stop before The Supreme Court of Victoria is an this year in criminal trials, common the High Court. It is essential to the extremely busy institution of justice. law trials and commercial cases. administration of justice in this state that The judges, associate judges and their Unfortunately, whilst the disposition of it be appropriately resourced in terms of staff work very hard to serve the pending criminal appeals has improved, judges, staff and facilities. Victorian community. We regard it as the volume of appeals has placed the The Supreme Court continues to work a privilege to do so. The judges and Court of Appeal under even greater towards its new building. Exciting associate judges would be unable to pressure than previously reported. In architectural opportunities exist for the achieve all they do without the loyal and the 2004-2005 annual report I said: government. There is nothing more I devoted support of their personal staff An extra two trial judges were would add to my remarks from last year: and the administration of the court. I allocated during each term in 2005 The Supreme Court is a vital part of express our deep appreciation to them. The Hon Marilyn Warren AC to the Court of Appeal to expedite the Victorian infrastructure. It is Chief Justice of the Supreme Court of Victoria Court of Appeal sittings. By the end of essential that Court business proceed 2004, criminal appeals were disposed in a timely way and in a modern built of faster than the year before; a trend environment. The State Government that continued through 2005. As a has responded by a funding allocation result of jurisdictional changes and the of $22 million for the restoration and increased number of criminal trials, upgrade of the main Supreme Court I foresee the workload of the Court of building built in 1884. The funding Appeal increasing enormously over has enabled extensive restoration and the coming two or three years. The modernisation of the built interior of capacity of the Court to manage the the Supreme Court and the creation timely disposal of these appeals will of a new commercial courtroom, require constant review. Court 15. There remains, however, a critical need for additional courtrooms and accommodation for judges. The Court is simply bursting at the seams.

4 OF 52 PAGES An Overview

THE SuPREME COuRT OF ViCTORiA iS THE SuPERiOR COuRT iN THE STATE. ESTABLiSHED uNDER S. 75 OF THE Constitution ACt 1975, iT iS DiViDED iNTO THE COuRT OF APPEAL AND THE TRiAL DiViSiON. THE COuRT COMPRiSES THE CHiEF JuSTiCE, PRESiDENT OF THE COuRT OF APPEAL, 35 JuDGES AND NiNE ASSOCiATE JuDGES, SuPPORTED By SOME 270 ADMiNiSTRATiVE STAFF.

5 OF 52 PAGES The Court of Appeal The Trial Division

The Court of Appeal was established under the Constitution (Court of Appeal) Act 1994 The Trial Division consists of the Chief Justice and 25 other Judges. Associate and commenced operation on 7 June 1995. The Court of Appeal is a division of the Judges assist the Judges in discharging the civil work of the Trial Division. Supreme Court and comprises the Chief Justice, the President, and currently nine It comprises three further divisions: Judges of Appeal, plus any additional Judges of Appeal appointed or acting under s. • the Commercial and Equity Division; 80B of the Constitution Act 1975. • the Common Law Division; and The Court of Appeal hears appeals from criminal and civil trials heard by Judges of the Supreme Court and the County Court. It also hears some appeals from proceedings • the Criminal Division. which have come before the Victorian Civil and Administrative Tribunal (VCAT) and Proceedings are entered into one of these divisions. Each division has a Principal other tribunals. Judge, the head of the Division – a Judge who manages the work of the division in Procedure before the Court is governed by Acts of Parliament, Rules of Court and addition to his or her judicial duties. Practice Statements. Some appeals require leave of a Judge or leave of the Court of There are a number of ‘Specialist Lists’ within the Civil Division. These lists are Appeal before a Notice of Appeal can be filed. each assigned a Judge who is responsible for the work of that list. The Judge in Charge gives directions to the parties from the early stages of the proceedings and will usually conduct the trial proceedings in the list. The types of cases heard and determined by the Trial Division include: • all cases of treason, murder, attempted murder and other major criminal matters; • civil cases involving large claims; • some appeals and reviews of decisions of lower courts and tribunals; and • various other cases, such as applications for bail, winding up of companies, probate business and urgent applications for injunctions.

6 OF 52 PAGES AN OVERViEW Judges and Associate Judges PRESiDiNG FROM 1 JuLy 2008 – 30 JuNE 2009

CHiEF JuSTiCE The Honourable Justice Marilyn Louise Warren AC: (1998*) 25 November 2003 – present The Honourable Justice Simon Paul Whelan: 17 March 2004 – present The Honourable Justice Elizabeth Jane Hollingworth: 7 June 2004 – present PRESiDENT OF THE COuRT OF APPEAL The Honourable Justice kevin Harcourt Bell: 10 February 2005 – present The Honourable Justice Chris Maxwell: 18 July 2005 – present The Honourable Justice kim William Spencer Hargrave: 18 March 2005 – present The Honourable Justice Betty June king: 21 June 2005 – present JuDGES OF THE COuRT OF APPEAL The Honourable Justice Anthony Lewis Cavanough: 8 May 2006 – present The Honourable Justice Peter Buchanan: 28 October 1997 – present The Honourable Justice Elizabeth Helen Curtain: 3 October 2006 – present The Honourable Justice Frank Hollis Rivers Vincent AO: (1985*) 12 June 2001 – present The Honourable Justice Gaetano Pagone: 24 May 2007 – present The Honourable Justice Geoffrey Arthur Akeroyd Nettle: (2002*) 8 June 2004 – present The Honourable Justice Paul Anthony Coghlan: 8 August 2007 – present The Honourable Justice David John Ashley: (1990*) 21 June 2004 – present The Honourable Justice Ross Mckenzie Robson: 8 August 2007 – present The Honourable Justice Marcia Ann Neave AO: 27 February 2006 – present The Honourable Justice John Herbert Lytton Forrest: 8 August 2007 – present The Honourable Justice Robert Frank Redlich: 8 May 2006 – present The Honourable Justice Lex Lasry: 23 October 2007 – present The Honourable Justice Murray Byron kellam AO: (1998*) 16 May 2007 – 15 June 2009 The Honourable Justice James Gregory Judd: 6 March 2008 – present The Honourable Justice Julie Anne Dodds-Streeton: (2002*) 8 August 2007 – present The Honourable Justice Peter Norman Vickery: 6 May 2008 – present The Honourable Justice Mark Weinberg: 28 July 2008 – present The Honourable Justice Emilios John kyrou: 15 May 2008 – present The Honourable Justice David Francis Rashleigh Beach: 5 September 2008 – present THE TRiAL DiViSiON The Honourable Justice Jennifer Davies: 6 April 2009 – present The Honourable Justice Philip Damien Cummins: 17 February 1988 – present The Honourable Justice Thomas Harrison Smith: 1 May 1990 – present ASSOCiATE JuDGES The Honourable Justice David McCartin Michael Byrne: 20 August 1991 – present The Honourable Associate Justice kevin John Mahony: 15 April 1983 - present The Honourable Justice David Lindsey Harper AM: 11 March 1992 – present The Honourable Associate Justice Ewan kenneth Evans: 2 August 1983 - present The Honourable Justice Hartley Roland Hansen: 6 April 1994 – present The Honourable Associate Justice kathryn Elizabeth kings: 23 March 1993 - present The Honourable Justice Philip Mandie: 10 May 1994 – present The Honourable Associate Justice John Efthim: 18 July 2005 - present The Honourable Justice Bernard Daniel Bongiorno: 18 December 2000 – present The Honourable Associate Justice Alexander Jamie Wood: 23 January 2006 - present The Honourable Justice David John Habersberger: 3 July 2001 – present The Honourable Associate Justice Robyn Gay Lansdowne: 18 September 2006 - present The Honourable Justice Robert Stanley Osborn: 9 May 2002 – present The Honourable Associate Justice Melissa Lee Daly: 3 October 2006 – present The Honourable Justice katharine Mary Williams: 25 October 2002 – present The Honourable Associate Justice Simon Peter Gardiner: 6 November 2008 - present The Honourable Justice Stephen William kaye: 16 December 2003 – present * Date appointed to the Trial Division

7 OF 52 PAGES Our Year in Review

8 OF 52 PAGES our YEAr IN rEVIEW The Court of Appeal

JuDiCiAL RETiREMENTS iMPROVED MANAGEMENT CRiMiNAL PROCEDuRE AND APPOiNTMENTS OF CRiMiNAL APPEALS ACT 2009 CiRCuiTS The Honourable Justice Weinberg During the year a number of initiatives The Criminal Procedure Act 2009 makes The Court of Appeal undertook commenced in July 2008 and the were undertaken to improve the fundamental changes to procedures in the two circuits in 2008-09, at Honourable Justice Kellam retired management of criminal appeals. Court of Appeal, with the introduction of which both criminal and civil in June 2009. These include: interlocutory appeals. This will involve appeals were listed. The first was in Shepparton in October • appropriate appeals against sentence substantial redrafting of the rules, forms 2008, the second in Mildura in STAFFiNG AND being heard by a bench of two, rather and relevant practice statements. The May 2009. Circuits provide a FuNCTiONiNG OF THE than three judges; Court has commenced its review in anticipation of these changes. The Act is valuable opportunity for regional REGiSTRy • the implementation of new procedures due to commence on 1 January 2010. communities to see the Court of for hearing applications for leave to Appeal at work, and for contact Associate Justice Lansdowne continued appeal against sentence; between the Court and regional to act as Registrar of the Court of Appeal iNTEGRATED CASE practitioners. in 2008-09. With a team of 12 staff, • the introduction of more stringent MANAGEMENT SySTEM the Court of Appeal Registry (COA monitoring of compliance with (iCMS) Registry) is responsible for providing procedural timetables; administrative services to the judiciary, • better management of self-represented Significant work has been undertaken legal profession, court users and the litigants through case conferences, by the COA Registry in preparation for public. As a large component of the directions hearings and referrals the roll-out of ICMS in the second half Registrar’s role is administrative, the to the Self-represented Litigants of 2009. This involved data cleansing, Court resolved in November 2008 that Co-ordinator; review of administrative procedures, the positions of Registrar of the Court testing of the system and appointing of Appeal and Registrar of Criminal • development of a list of matters ready Registry staff as ‘local user experts’ to Appeals be filled by judicial registrars for hearing, which can be listed at short provide assistance to their colleagues. appointed by statute, and is working with notice to fill vacancies in the roster; government to achieve this aim. • an extensive audit and redrafting of The principal focus of the Registry in all letters and forms to streamline the 2008-09 has been on improvements administrative processes. to administration, data collection and reporting, and the management of criminal appeals. To advance these aims, Adam Cockayne was appointed Deputy Registrar (Legal) from 15 July 2008. He is a senior legal officer who assists the Acting Registrar in the management of criminal appeals and circuits. Marketa Silhar was appointed Deputy Registrar (Administration) from 1 September 2008. She is responsible for supporting the Acting Registrar in the overall administrative management of the COA Registry.

9 OF 52 PAGES our YEAr IN rEVIEW The Court of Appeal continued

CRiMiNAL APPEAL CASELOAD The number of criminal appeal CRiMiNAL APPLiCATiONS FOR LEAVE TO APPEAL AND APPEALS finalisations in 2008-09 increased by 10% compared to 2007-08. The number Filed Finalised Pending of initiations fell by 5%. The median time taken to finalise 600 600 600

sentence appeals rose by approximately 503 490 466 467 two months (from 8.8 months to 10.7 452 months). Importantly, the median time 400 400 410 400 taken to finalise conviction appeals decreased by 3.5 months (from 14.1 months to 10.6 months). Overall, the 200 200 200 time taken to finalise criminal matters has remained virtually constant.

2007-08 2008-09 2007-08 2008-09 2007-08 2008-09

MEDiAN TiME FROM iNiTiATiON TO FiNALiSATiON iN MONTHS

Appeals against conviction* Appeals against sentence Time to finalisation (all Criminal)

15 15 15 14.1

12 12 12 10.7 10.5 10.7 10.6

9 9 8.8 9

6 6 6

3 3 3

2007-08 2008-09 2007-08 2008-09 2007-08 2008-09

*Includes combined conviction and sentence appeals because they are treated as one appeal

10 OF 52 PAGES our YEAr IN rEVIEW The Court of Appeal continued

CiViL APPEAL CASELOAD The civil caseload, both in initiations CiViL APPLiCATiONS FOR LEAVE TO APPEAL AND APPEALS and finalisations, was mostly in line with that of 2007-08. The time taken to Filed Finalised Pending finalise matters was reduced slightly. 250 250 250 222 CASELOAD OVERALL 219 196 196

200 200 200 189 The number of appeal finalisations 188 increased by 6% overall as compared to 150 150 150 2007-08. The Court maintained its civil caseload whilst finalising more criminal 100 100 100 matters. 50 50 50 LOOkiNG AHEAD The Court of Appeal continues to prepare 2007-08 2008-09 2007-08 2008-09 2007-08 2008-09 for the implementation of the Criminal Procedure Act 2009, in particular by liaising with the Rules Committee on the draft Rules and will continue review MEDiAN TiME FROM iNiTiATiON TOTAL APPLiCATiONS FOR LEAVE TO APPEAL AND APPEALS of the rules governing civil appeals and TO FiNALiSATiON iN MONTHS FOR CiViL AND CRiMiNAL applications. Civil appeals Filed Finalised

15 800 800 712 686 640 606 11

10.7 600 600 10

400 400

5 200 200

2007-08 2008-09 2007-08 2008-09 2007-08 2008-09

11 OF 52 PAGES our YEAr IN rEVIEW The Trial Division

COMMERCiAL COMMON CRiMiNAL & EQuiTy DiViSiON LAW DiViSiON DiViSiON • Admiralty List • Judicial Review and Appeals List • Building Cases List / TEC List • Personal Injuries List • Commercial Court • Valuation Compensation and Planning List • Intellectual Property List • Major Torts List • Victorian Taxation Appeals List

12 OF 52 PAGES our YEAr IN rEVIEW The Trial Division

COMMERCiAL AND EQuiTy DiViSiON The division’s resources received a boost generally have meant that it has been brought into the Commercial Court so for the public has been a considerable Principal Judge of the Division: during the year with the appointments possible to provide this only for certain that it is staffed by a total of five Judges. shortening of the in-Court hearing time of Justice Davies and Associate Justice classes of cases for which specialist Justice Byrne Add to this the incorporation into the required for those cases and a reduction Gardiner, a move which has been lists have been established, or for Commercial Court of five Associate in the frequency of attendances required The following Judges and Associate welcomed by the Judges and Associate individual cases which, because of their Judges and there are a relatively large of the parties in Court for evidence and Judges served in the Commercial Judges of the Court. size or history, have been considered number of judicial officers available to debate. Those benefits, however, come at and Equity Division during the appropriate for this attention. handle this important part of the work of the cost of adding substantially to the time year: ACTiViTiES OF THE DiViSiON The Judges, too, have indicated the division. This will go a long way to and work burdens on those judges . They providing a sufficient number to be able to come also at the cost that these judicial • Justice Byrne The Judges and Associate Judges of the a preference for increased case achieve the objectives of case management resources are to that extent less available Commercial and Equity Division meet management and that the Judge • Justice Harper AM with an efficient use of resources. for cases which are not being managed monthly. These are useful meetings appointed to hear the case be the • Justice Hansen in this way. The same level of judicial where matters of interest and experiences managing Judge. They have accepted, The establishment of the Commercial attention cannot be given to all cases • Justice Mandie are discussed and exchanged. however, that this is not possible for Court has in the first six months been a all cases, given the available judicial resounding success. This is demonstrated within the division without considerably • Justice Habersberger Two significant developments during resources. More recently, this pressure in the ‘Commercial Court’ section of this more resources being available. Not all the year have been the establishment • Justice Whelan has been increased by representations report which deals with its activities. A cases, of course, may require, or benefit of the Commercial Court as of from the profession who have been further and no less important aspect of from, judicial management. Many cases • Justice Hollingworth 1 January 2009, and the conversion of demanding management for all cases. the new Commercial Court is that it is may well be left to management by the the Building Cases List to the Technology, • Justice Hargrave This call has been taken up by the Civil staffed by specialist Judges and Associate application of the Rules of Court through Engineering and Construction List experienced practitioners conscious of • Justice Pagone Justice Review, and the Attorney-General Judges with considerable experience (TEC list) on 19 June 2009. reportedly supports this initiative as and expertise in commercial litigation. their respective client’s needs with an • Justice Robson Since it was first established as the well as the increased use of alternative Already this has produced a readiness in overriding ability to apply to the Court for • Justice Judd Commercial Causes List in 1989, dispute resolution measures. A step in the judicial officers to try out new and directions or relief when necessary. The work of the Commercial Court has shown • Justice Vickery the Commercial List has enjoyed a this direction has been achieved by the innovative procedures and a confidence formidable reputation throughout appointment of the Masters as Associate that this will attract the support and the value of greater judicial management • Justice Davies (from 6 April 2009) Australia; a fact which has been reflected Judges, with a corresponding increase co-operation of the profession. These in a significant number of cases, and greater judicial resources would enable • Associate Justice Mahony by the establishment of similar lists in their standing and jurisdiction. procedures, in many respects anticipate, in other jurisdictions. Its operation Government has also foreshadowed and even exceed, the recommendations the Court itself to strike a better balance • Associate Justice Evans has been characterised by the intense legislative implementation of many of the Civil Justice Report. between those cases to be managed by • Associate Justice Kings management of cases by the Judges judges and those appropriately left for of the recommendations of the Civil The experience of the Commercial Court appointed to the list and the speedy management by practitioners through • Associate Justice Efthim Justice Review. has demonstrated that the allocation of hearing which has been offered to application of the Rules. The response of the Court has been to judicial resources from the existing pool • Associate Justice Wood commercial litigants. enlarge the Commercial List to include of judges to the work of the Commercial The second major initiative has been the • Associate Justice Daly In recent years there has been an commercial cases which would not Court has meant that greater judicial time enlargement of the Building Cases List into the TEC List in June 2009. The • Associate Justice Gardiner increased pressure upon the Court to qualify for entry into the list. The Court is spent upon the detailed management provide a like service to other litigants has also increased the number of Judges of more cases. Judges have spent time Building Cases List has been another in the Trial Division. Unfortunately, managing and trying commercial cases in analysing applications, evidence and success story of the Court. It had the this has not been possible due to the fact from two to four and constituting them submissions in advance of hearings. distinction, upon its establishment that intense judicial case management as a Commercial Court within the Trial That has often involved them working in 1972, of being the first specialist requires considerable judicial time. The Division, another first in Australia. outside normal Court hours, at night and managed list in Australia. demands of the trial work of the division Corporations cases, too, have been at weekends. A benefit for litigants and

13 OF 52 PAGES our YEAr IN rEVIEW The Trial Division continued

COMMERCiAL AND EQuiTy DiViSiON CONTiNuED

Building and construction cases have PERFORMANCE This has two consequences. First, that procedural reforms should be directed to long been a problem for the civil justice OF THE DiViSiON achieving resolution of these disputes as early as possible so that the costs to the parties system. There are many reasons for are minimised. Second, that the focus of reforming Judges upon the streamlining of this, including the very large number The following analysis is based on the the trial, important as it may be, is not likely to benefit most litigants. judgments produced to the Supreme of documents and issues which need to As per last year, the length of judgments tended to be shorter. be dealt with. The Court has set its face Court Library. These judgments include against the solution of shifting them out interlocutory judgments; they do not A matter of ongoing concern to litigants is that there be as little as possible delay in the to arbitrators and special referees for provide an indication of cases which delivery of judgments. Of the judgments under consideration, the interval in calendar decision, preferring to manage and hear were resolved prior to judgment nor do days between the last hearing date on the cover sheets of the judgments and the date of them in a specialist list. they include many ex tempore judgments delivery of judgments in the current year has been consistent with 2007-08, except for which are not sent to the library. Subject a slight increase in those delivered between 13 weeks and nine months. The change is more than a change in to these very substantial qualifications, name and an extension of the list to the record gives an idea of the work of iNTERVAL technology cases other than building the Judges in the Court. 2007-08 2008-09 Difference Variation cases. It is certainly that; but it has also involved a radical change in the approach The total number of judgments delivered Same day 47 43 -4 -9% of the Court to the management and trial by the Commercial and Equity Division 1 day – 4 weeks 73 77 4 5% of these difficult cases. This change has trial Judges was 202 compared with 4 weeks - 8 weeks 28 29 1 4% been built upon Practice Note No. 1 of 124 in 2006-07 and 190 in 2007-08. 8 weeks - 13 weeks 22 20 -2 -9% 2008, entitled Building Cases - A New This figure of 202 judgments represents 13 weeks – 6 months 16 24 8 50% Approach which was referred to in the only 4% of the 5,054 disposals during 6 months – 9 months 3 8 5 167% the year under report. This highlights a 2007-08 Annual Report. This is more 9 months - 12 months 1 1 0 0% very important matter when considering fully discussed in the Building Cases List > 12 months 0 0 0 - / TEC List section of this report. procedural reform; specifically, 95% of cases commenced in the Court are Total 190 202 12 6% resolved before judgment. COMMERCiAL AND EQuiTy DiViSiON The percentage of judgments delivered within 13 weeks of the conclusion of the STATiSTiCS

Difference hearing was 83.6%, a reduction from 89.4% in 2007-08 and 85.4% in 2006-07. Variation 2008-09 2007-08

In list 1 July 3,785 3,631 -154 -4% Initiations 5,117 5,883 766 15% Finalisations 4,982 5,054 72 1% In list 30 June 3,631 4,460 829 23%

14 OF 52 PAGES our YEAr IN rEVIEW The Trial Division continued

COMMERCiAL AND EQuiTy DiViSiON CONTiNuED SPECiALiST LiSTS Admiralty List Building Cases List/TEC List There are now five specialist lists within Judge in Charge: Judge in Charge: With the establishment of the TEC List In order to give teeth to the objective of the the Commercial and Equity Division, on 19 June 2009, existing cases in the list, a number of innovations are included in Justice Byrne Justice Vickery each of which is assigned to a Judge Building Cases List were transferred the practice of the new list. The trial Judge in Charge of the list. The Commercial The number of cases in the Admiralty The Building Cases List comprises cases to the new list. In addition, the class of will have access to a range of procedures Court now includes corporations cases List is not great. The list deals with involving building or engineering works cases eligible for entry in that list has designed to promote a cost-effective but, because there are differences cases brought under the Admiralty Act of any description. This encompasses: been substantially enlarged to include mechanism which is tailor-made for the between these cases and other 1998 (Cth) or which otherwise concern • the design or carrying out of building cases which involve other technology management of the individual dispute. maritime commercial activities. commercial cases in the Commercial works; work. Matters to be admitted to the TEC The practice of the TEC List is set out Court, its statistics will be reported upon List will include cases falling within the Of the two finalised cases, one was • the supervision or inspection of in the TEC Practice Handbook. A flow separately in this Annual Report. With former definition of a ‘Building Case’ discontinued before trial and the other construction; and chart of the typical case in the TEC List the exception of non-corporations cases was struck out for non-compliance with a as it applied to the Building Cases List. is set out on the second page. Flexibility in the Commercial Court and Building self-executing order. • the performance by an architect, These include cases where it is alleged, in adapting procedures to suit the cases, the Judge in Charge of a list will designer, engineer, quantity surveyor for example, that a telecommunications individual case at hand will be a keynote normally hear the case as well as manage ADMiRALTy STATiSTiCS or other expert of work relating to or computer system, electrical or

Difference feature of a TEC case. ‘Let the Forum Fit

Variance mechanical component or other technical 2008-09 each of the cases in the list through its 2007-08 building works. the Fuss’ will be the theme in drawing device has failed, underperformed, or interlocutory stages. Prior to 19 June 2009 cases in the list from the ‘smorgasbord’ of available malfunctioned, and which involves were managed and tried in accordance procedures, and where appropriate an assessment of expert evidence of with Chapter II Order 3 and Practice adapting them to the case at hand. In the list 1 July 4 7 3 75% a technical nature. TEC matters may Note No. 1 of 2008, Building cases – Initiations 5 2 -3 -60% therefore extend beyond the traditional Other procedures contemplated in the A New Approach. handbook include the conduct of a Finalisations 2 2 0 0% building or engineering construction Cases within the list are managed by the resources conference at an early stage In the list 30 June 7 7 0 0% case to include, for example, breaches of Judge in Charge principally by directions warranties of performance of a technical in the proceeding presided over by given on directions days which occur component in a sale or supply contract. an Associate Judge. An object of the approximately once per month. The conference is to establish for the case a The objective of the TEC List is to Judge in Charge does not generally try budget for the resources of the parties provide for the just and efficient the cases; they are allocated to other and the court, including financial determination of TEC cases, by the early Judges in the Commercial and Equity resources. The presiding judicial officer identification of the substantial questions Division for trial. will also seek to identify the issues for in controversy, and the flexible adoption determination and explore the possibility BuiLDiNG CASES STATiSTiCS / TEC LiST of appropriate and timely procedures of alternative dispute resolution.

Difference for the future conduct of the proceeding Variance Another novel procedure provided for 2008-9 2007-8 which are best suited to the particular case. With the objective firmly in mind, in the handbook is the appointment a case conducted in the list will be of assessors to assist the trial Judge managed with the co-operation of the understanding the complex technical In the list 1 July 45 29 -16 -36% parties to ensure its timely and economic issues which the cases in the list are Initiations 6 9 3 50% disposition. expected to throw up. The experience Finalisations 22 14 -8 -36% of the Court in implementing these In the list 30 June 29 24 -5 -17% procedures and others presently under consideration will be reported upon in the next Annual Report.

15 OF 52 PAGES our YEAr IN rEVIEW The Trial Division continued

COMMERCiAL AND EQuiTy DiViSiON CONTiNuED

COMMERCiAL COuRT Judge in Charge: Justice Pagone Corporations Cases Commercial Court statistics (non-corporations) Judge in Charge: Justice Robson These statistics represent those with respect to cases formerly in the Commercial List and those in the Commercial Court other than corporations cases. The Commercial Court was established from 1 January 2009 as the successor, Difference Variation 2008-09

and incorporating the work of, the Commercial List and the Corporations List. 2007-08 The judicial officers appointed as first members of the Court were Justices Byrne, Hargrave, Pagone, Robson and Judd, and Associate Justices Kings, Efthim, Daly and Gardiner. The Commercial Court has five lists each managed by a specialist team of one Judge and one or two Associate Judges. In list 1 July 119 102 -17 -14% Initiations 74 136 62 84% Any commercial proceeding or corporations case may be entered into the Commercial Court, unless it is a case that is more suitable to be entered into Finalisations 91 86 -5 -5% another specialist list. Cases in the Commercial Court are managed by a In list 30 June 102 152 50 49% Judge from commencement of the proceeding and will usually be heard at The majority of cases in the Commercial Court continued to be corporations cases. trial by that Judge. Judicial management of cases by the Judge expected to hear From 1 January 2009 they were allocated primarily to List E of the Commercial them at trial ensures that cases are managed to suit their ultimate disposition Court. The statistics for these are reported upon below. and thereby removes unnecessary costs, saves time and promotes efficiency in decision making. The availability of an allocated Judge, and an allocated The Commercial Court has introduced significant procedural changes and a Associate Judge, also facilitates interlocutory decision-making by providing thorough review of case management from initiation to conclusion. A users group clearly identified points of access for the management of cases and resolution has been established comprising frequent commercial litigation lawyers. It meets of interlocutory disputes. regularly with the judicial officers of the Commercial Court to explore and evaluate changes in case management to reduce the time and costs of litigation. Eight notices On 1 January 2009 there were 98 pending cases that were transferred over to practitioners were issued between January and June 2009 to explain to the from the old Commercial List. By the end of March there were 118 pending profession and to the public these practice changes and developments. cases in the non-corporations Commercial Court and by 30 June, there were 152 cases pending. In the six months to 30 June 2009, 94 new non-corporations The urgent interim hearings of commercial disputes has also been facilitated by the cases had been initiated and 40 finalised. Overall, including cases in the Registrar of the Commercial Court also being responsible for the business of the Commercial and Corporations Lists before 1 January 2009, initiations of Practice Court. This has also had significant structural advantages in providing a Commercial and Corporations cases increased from the previous year by single point of entry to the Commercial Court and in controlling the flow of cases 15% from 1,186 to 1,368 cases, and finalisations by 9% from 1,136 to 1,240. and directing them to the appropriate Judicial Officer. The number of cases finalised within three months of initiation increased CORPORATiONS CASES STATiSTiCS

from the previous year by 60% from 680 to 1,090. Difference Variation 2008-09 2007-08

In list 1 July 233 282 49 21% Initiations 983 1,228 245 25% Finalisations 934 1,153 219 23% In list 30 June 282 357 75 27%

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COMMERCiAL AND EQuiTy DiViSiON CONTiNuED iNTELLECTuAL ViCTORiAN TAxATiON PROPERTy LiST APPEALS LiST In addition to the matters in the list, Judge in Charge: Judge in Charge: two matters are being managed by the Judge in Charge because they involve Justice Harper Justice Mandie the Commissioner of State Revenue but As the Federal Court enjoys a statutory The Victorian Taxation Appeals List is do not strictly fall within the criteria for monopoly on patent litigation, there are governed by Chapter II Order 7 of the entry in the list.

few cases in the Intellectual Property Rules of the Supreme Court and also by Difference Variation 2008-09 List. During the year, three were Practice Note No. 3 of 2007 (issued 8 2007-08 finalised and none was entered in the February 2007). list. The remaining case is fixed for Taxation appeals relate to the taxes hearing in November 2009. administered and collected by the In list 1 July 4 6 2 50% Difference

Variation Commissioner of State Revenue of the Initiations 10 6 -4 -40% 2008-09 2007-08 State of Victoria and include land tax, Finalisations 4 8 4 100% payroll tax and duties payable on certain In list 30 June 10 4 -6 -60% transactions. In list 1 July 6 4 -2 -33% As at 1 July 2008, there were six matters Initiations 0 0 0 - pending in the Victorian Taxation Finalisations 2 3 1 50% Appeals List (a number of these matters In list 30 June 4 4 0 0% involved several proceedings that were heard together). During the year, an additional six matters were commenced. One matter was discontinued by way of a notice of discontinuance, four matters were disposed of by judgment given after trial, and judgment was reserved in three matters. Of the four judgments handed down, three were appealed to the Court of Appeal. One appeal was dismissed and the remaining two appeals are yet to be heard. As at 30 June 2009, there were four matters pending in the list.

17 OF 52 PAGES our YEAr IN rEVIEW The Trial Division continued

COMMON LAW DiViSiON The Common Law Division deals with MAJOR iNNOVATiONS JuDiCiAL REViEW Principal Judge of the Division: tort claims (including personal injury, AND APPEALS LiST nuisance and defamation cases), public Two major innovations were Justice Smith (to 19 April 2009) law proceedings, appeals on questions of implemented during the 2008-09 year. Judges in Charge: Justice Osborn (from 20 April 2009 law from tribunals and other courts and The division established two additional managed lists relating first to personal Justices Cavanough and Kyrou The following Judges and a variety of other matters. injury proceedings and secondly to Associate Judges in Charge: Associate Judges served in the Such claims may involve individual judicial review and appeals proceedings. Common Law Division during litigants or substantial class actions Associate Justices Lansdowne and Daly the year: such as Wheelahan & Ors v City of Casey Both lists were established after consultation with the profession and 2008-09 • Justice Smith & Ors, a claim arising out of the alleged widespread escape of landfill gas from a have been welcomed with considerable Commenced 108 • Justice Osborn municipal tip at Cranbourne. support. Finalised 17 • Justice Bongiorno Pending as at 30 June 91 They include significant supervisory VOLuME OF WORk • Justice Williams proceedings in respect of the The Court established the Judicial In 2008-09 the volume of work in the jurisdictions of VCAT and the Review and Appeals List with effect • Justice Kaye Common Law Division has remained Magistrates’ Courts, in which the from 1 January 2009, as part of • Justice Bell relatively steady. The division’s work has majority of Victorian citizens come the Court’s general commitment to been undertaken with the significant • Justice Cavanough into contact with the law and dispute managing proceedings as efficiently and support of Associate Justices Kings, resolution processes. effectively as possible. The Chief Justice • Justice Forrest Daly and Lansdowne. It has also been The division has flourished over recent issued Practice Note No. 4 of 2008 on supported by judges of other divisions. • Justice Kyrou years under the leadership of Justice 2 December 2008. Significant contributions were made Smith who retired on 20 April 2009 as • Justice Beach by Justices Cummins, Byrne, Harper The practice note contains a number its principal Judge. • Associate Justice Kings and Hargrave. of measures to avoid delays and fragmentation in the management • Associate Justice Lansdowne NuMBER OF CASES iSSuED of judicial review and appeals cases,

• Associate Justice Daly Difference including mechanisms designed to ensure Variation 2008-09 2007-08 a greater and earlier degree of judicial management of proceedings than had previously been the case. In list 1 July 1,487 1,817 330 22% Initiations 1,468 1,482 14 1% Finalisations 1,540 1,450 -90 -6% In list 30 June 1,817 1,728 -89 -5%

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COMMON LAW DiViSiON CONTiNuED All proceedings that are appropriate Associate Justice Kings lists all matters PERSONAL iNJuRiES LiST The types of proceedings in the list are for inclusion in the list and which were for hearing after consulting the Associate limited to proceedings commenced on commenced in the Trial Division on or Judges in Charge and the Judges in Judges in Charge: or after 1 January 2009, issued out of after 1 January 2009 are included in the Charge, quite often on the same day as Justices Williams, Kaye, Forrest and Beach the Melbourne Registry, and include list. Those proceedings include: the first return date. Depending upon the following: Associate Judge in Charge: • judicial review applications made the circumstances of the parties and the • personal injury claims in which a pursuant to the Administrative Law Act availability of counsel, the objective is to Associate Justice Kings serious injury certificate has been list the majority of matters for hearing 1978 or Order 56 of the Supreme Court 2008-09 granted under the Transport Accident (General Civil Procedure) Rules 2005; within three to four months of the first Act 1986 (TAA) by the Transport return date. Commenced 221 • appeals from a final order of the Finalised 22 Accident Commission (TAC); Between 1 January 2009 and 30 June Magistrates’ Court on a question of Pending as at 30 June 199 • personal injury claims in which law pursuant to s.92 or 109 of the 2009, some 108 matters were entered a serious injury certificate has Magistrates’ Court Act 1989; in the list. Included, with the consent of The Personal Injuries List was been granted under the Accident the parties, were a number of matters introduced by Practice Note No. 5 • appeals from an order of VCAT on a Compensation Act 1985 (ACA) by the commenced in the Trial Division of 2008 with the aim of managing question of law pursuant to s. 148 of Victorian WorkCover Authority before the starting date of 1 January proceedings that fall within the list in an the Victorian Civil and Administrative (VWA); 2009. The largest proportion of cases expeditious and efficient manner. Tribunal Act 1998; and have been appeals from decisions of • personal injury claims in which a Trial dates are allocated at the first • references of questions of law under the Magistrates’ Court, which make court has given leave to commence directions hearing. Experience shows s. 33 of the Charter of Human Rights and up approximately 35% of the total proceedings under the TAA or the that the provision of trial dates at the Responsibilities Act 2006; proceedings in the list; appeals from ACA; first directions hearing encourages early decisions of tribunals (predominantly • proceedings brought by the TAC under • applications for leave to appeal to settlement. VCAT), which make up approximately s. 104 of the TAA; the Court in such proceedings where 30% of the total number; and judicial required. review proceedings, which make up • proceedings brought by VWA under List matters are managed in the first approximately 25% of the total. s. 138 of the ACA; and instance by the Associate Judges in The majority of the appeals from • proceedings in which plaintiffs allege Charge, who are responsible for: decisions of the Magistrates’ Court are in that they are suffering from a terminal • the hearing and determination of civil rather than criminal proceedings. disease. applications for leave, applications Similarly, the majority of judicial review for orders for review, applications for proceedings are concerned with an summary dismissal and stays, and underlying decision or dispute which is settling questions of law and grounds civil rather than criminal in nature of appeal; and • fixing timetables and otherwise controlling the progress of the proceeding to ensure that the matter proceeds quickly and efficiently.

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COMMON LAW DiViSiON CONTiNuED VALuATiON COMPENSATiON MAJOR TORTS LiST CiRCuiT SiTTiNGS AND PLANNiNG LiST Distinction is made between urgent Judge in Charge: Judge in Charge: and non-urgent proceedings. Urgent Judges in Charge: Justice Kaye Justice Forrest proceedings are ones where the plaintiff alleges a terminal illness. Justice Osborn (to 20 April 2009) Associate Judge in Charge: The volume of business on circuit has Justice Cavanough (from 21 April 2009) increased considerably during the year In urgent proceedings first directions Associate Justice Evans

Difference and this trend is expected Variation are initiated by the filing of a summons. Difference 2008-09 2007-08

Variation to continue. 2008-09 In non-urgent proceedings first 2007-08 directions are listed by the Court once The Trial Division sat at Mildura, a defence is filed. In all proceedings Warrnambool (on two occasions), parties are encouraged to agree to In list 1 July 17 33 16 94% Wodonga, Wangaratta and Bendigo. In list 1 July 172 137 -35 -20% minutes of orders “on the papers”. Initiations 24 28 4 17% Whilst there were a number of Initiations 58 44 -14 -24% Finalisations 9 21 12 133% settlements in the course of the sittings, a In 2008-09 221 proceedings were Finalisations 50 47 -3 -6% In list 30 June 33 33 0 0% significant volume of cases proceeded to commenced in the List. In list 30 June 137 125 -12 -9% judgment or jury verdict. At 30 June 2009 approximately 199 files Compared with the previous year, The amount of business at each of the The Major Torts List deals with a were active in the Personal Injuries List. initiations rose from 24 to 28 and circuits was considerable, and there is large variety of proceedings. The main Forty five had been allocated a trial date. finalisations rose from 9 to 21. As in the little doubt that practitioners in regional personal injury cases in the list are Of the 45 trial dates allocated, 20 were previous year, time needed to be devoted Victoria are issuing appropriate claims in medical negligence actions. The list in 2009 and 20 were in February and to various substantial cases relating to the this court in an increasing number. March 2010. compulsory acquisition of land for the also has a number of cases brought by The nature of the cases dealt with on purposes of the Craigieburn by pass and plaintiffs claiming damages for sexual or circuit varied, including personal injury other road-widening works in its vicinity. other abuse suffered by them when they were young children. litigation arising out of industrial accidents, Other cases in which issues of public transport accidents, medical misadventure, The list is used both by metropolitan and interest were decided included Western accidents at schools and assaults. On a country solicitors. In particular, it has a Water v Rozen [2008] VSC 382, different note, claims involving stock significant, regular caseload in Mildura. concerning the precautionary principle mortgages and assault on the high seas in the context of cumulative risks to In the 2008-09 year, 44 proceedings also featured in cases dealt with by circuit the environment, and Michelotti v Roads were commenced in the List, 47 were Judges. The Court has, where necessary, Corporation [2009] VSC 195, concerning finalised, and as at 30 June 2009, 125 scheduled special sittings at regional towns the avenues available for obtaining an were pending. for cases of length or complexity that extension of time to claim compensation would be likely to occupy the whole of the for a compulsory acquisition. scheduled sittings.

20 OF 52 PAGES LOOkiNG FORWARD Judges on circuit have regularly met with It is worth reciting the following The ongoing management of the new members of the profession in regional exchange at the sittings at Judicial Review and Appeals List and towns and there is overwhelming Wangaratta during the year. Personal Injuries List will require the enthusiasm and support for the work Counsel: continuing commitment of judicial done by the Court. “ I was asked by the firm … to pass resources. The diversity of the division’s The support provided by the staff at the on their gratitude to Your Honour work, which generally includes civil Regional Courts has, without fail, been for Your Honour coming here for the circuit work in regional Victoria, will exemplary and much appreciated by special sittings, …the case …. has been also create challenges. Judges, associates and tipstaves. troubling a lot of people for a long In addition, the division must continue Provided resources permit, it is hoped time and to have it resolved was an to provide speedy resolution of urgent that the Court can maintain the level of excellent result for all concerned”. matters, including claims for asbestos service it provides to regional Victoria, Justice Kaye: related diseases. It must also continue and indeed, increase the number of “ I otherwise remark that this is the to provide speedy review of appeals circuits in regional centres where there Supreme Court of Victoria, it is not from jurisdictions which are themselves is a significant amount of business. the Supreme Court of Melbourne. It is committed to providing speedy justice, important that we do country work such as the Magistrates’ Court and VCAT. and be seen to be doing it. The Chief These needs will continue to place Difference

Variance Justice strongly supports that stance 2008-09

2007-08 significant pressure on the resources of and the Court makes itself available the Court. It is important that the Court be to do circuit work throughout this able to meet the continuing demands for wonderful State”. access to it on a timely and efficient basis. Ballarat 11 13 2 18% Bendigo 17 18 1 6% Geelong 2 5 3 150% Horsham 0 3 3 - Mildura 7 34 27 386% Morwell 0 3 3 - Sale 4 1 -3 -75% Shepparton 3 6 3 100% Wangaratta 36 35 -1 -3% Warrnambool 20 40 20 100% Wodonga 12 24 12 100% Grand Total 112 182 70 63%

21 OF 52 PAGES our YEAr IN rEVIEW The Trial Division continued

CRiMiNAL DiViSiON OVERViEW OF THE DiViSiON SiGNiFiCANT TRiALS NuMERiCAL STATE Principal Judge OF THE LiST of the Division: During the 2008-09 year the Court The reporting year also saw the conclusion continued to hear and determine cases of a number of significant trials which During this reporting period the division Justice Cummins outside its exclusive jurisdiction, were complex and lengthy, and required heard to completion 47 trials involving 65 The following Judges served including the trial of terrorism related extensive judicial management. A few persons and 57 plea hearings involving 89 in the Criminal Division during offences, complex drug trafficking examples are provided below. persons. Overall, this equates to 104 matters the year: matters, sexual offences and cases • R v Benbrika & Ors. This trial was involving 154 persons. This represents a of culpable driving. There was a slight increase in comparison to the last • Chief Justice Warren AC heard before Justice Bongiorno and considerably greater number of these involved 13 persons charged with reporting period where 89 matters involving • Justice Kellam AO cases this year than there was in previous terrorism offences. It took about 111 persons were dealt with. Figures from • Justice Cummins years. As the Court is the superior eight months and concluded in the last reporting period constituted 56 trials criminal trial court of the State, the involving 72 persons and 33 plea hearings • Justice Harper AM September 2008. In addition there importance of the operational rulings on were approximately eight months of involving 39 persons. A comparison of both • Justice Bongiorno matters of evidence and procedure made intensive preliminary argument, and reporting years’ figures shows that there has in such trials cannot be understated. This been a significant increase in pleas in this • Justice Osborn throughout the proceedings more than will take on a new significance with the 35 published rulings were delivered. reporting period. • Justice Williams commencement of the Evidence Act 2008 There has also been a significant and Criminal Procedure Act 2009 in the • R v Ho & Ors. This was a trial heard • Justice Kaye reduction in the number of matters in the next reporting year. before Justice Cummins where four • Justice Whelan persons were charged with offences Criminal List, which list includes cases Section 5 Hearings have continued to that are both part-heard and pending. As • Justice Hollingworth relating to sex slavery. This trial was play an important part in the overall two months in length and required at 1 June 2008 there were 82 cases in the • Justice King judicial management of cases and significant preliminary argument. There Criminal List and at 1 June 2009 there could be considered the first step taken were 19 published rulings delivered. were 64 cases pending. • Justice Curtain towards judge-controlled docketing; a The reduction in cases pending in the • Justice Coghlan practice of case allocation which gained • R v Rich. This was a murder trial Criminal List and an increase in pleas momentum in this reporting period. heard before Justice Lasry and which • Justice Forrest could be attributed to the significant Section 5 Hearings were introduced in required intensive case management case management reforms that have been • Justice Lasry January 2007 as an initiative to combat prior to the empanelment of the jury undertaken in the division over the last delays in the criminal justice system in February 2009 and throughout the 30 months. However, reasons for delays commonly attributed to increased trial course of the trial until its conclusion in the criminal justice system require a length and increasing complexity of in June 2009. There were 30 published complex analysis of many contributing issues. These hearings are held within 14 rulings delivered throughout this factors. Whilst the figures to date have days of a person being committed to trial proceeding. improved on previous years, trials will in the Supreme Court and, amongst other • R v Hargraves & Ors. This was a continue to get longer and complexities things, encourage early identification of complex trial heard before Justice will continue to arise. Increases in issues and whether or not the matter is King involving six persons charged resources to investigators at the front end able to be resolved without a trial. with drug trafficking offences. The of the criminal justice system will, in Judges within the division have trial took more than two months. time, impact on the division. continued to hold portfolios in policy, • R v Efandis. This was a complex If more serious crime is investigated to law reform, practice operations murder trial heard before Justice Kaye conclusion it follows that the division has and statistics, circuit sittings and which took approximately six weeks. a greater workload to carry. communications.

22 OF 52 PAGES our YEAr IN rEVIEW The Trial Division continued

REGiONAL SiTTiNGS OTHER APPLiCATiONS FuTuRE CHALLENGES HEARD By JuDGES OF During this reporting period the Judges The next reporting period brings many ICMS is also due be implemented, in TRiAL STATiSTiCS of the division sat in Ballarat, Bendigo, THE CRiMiNAL DiViSiON challenges to the division. The Evidence its first stages, in late 2009. It is hoped Geelong, Mildura, Morwell, Wangaratta Judges of the division regularly hear Act 2008 and Criminal Procedure Act that ICMS, when fully functioning, 2007–08 2008–09 and Warrnambool. 2009 are due to commence in early will collect data to enable more detailed applications pursuant to Practice Note Persons Persons The Judges recognise the importance No. 4 of 2007 which include applications 2010. Judges and Court support staff statistical analyses to be undertaken on Cases Cases of matters being heard in the regional under the Surveillance Devices Act 1999, have been actively involved in various criminal trial case work, thus sensibly courts of origin and for matters not to Major Crime (Investigative Powers) educational activities provided internally enabling a better understanding of be transferred to Melbourne except in Act 2004 and Witness Protection Act and through the Judicial College of the increasing complexity of trials Trials (finalised) 56 72 47 65 cases of necessity. The opportunity this 1991. During this reporting year 82 Victoria (JCV) in preparation for the and the way the system copes with Pleas (finalised) 33 39 57 89 avails to regional communities to better applications were made under the new legislation. A significant review of that complexity. To date, such data Total 89 111 104 154 understand the criminal justice process Surveillance Devices Act 1999. Applications current practices and procedures has collection has been less than satisfactory. also been undertaken to prepare for the Its collection and analysis is vital if cannot be overlooked. Judges often take made under the Major Crime (Investigative CRiMiNAL APPLiCATiON STATiSTiCS the opportunity in regional cities to Powers) Act 2004 and Witness Protection impact that this new legislation will have continuous improvements in practice explain the workings of the Court to Act 1991 totalled 53. on the Court and its users. and procedure are to be demonstrated as 2007–08 2008–09 being effective. Bail Act 1977 93 85 interested people. Judges of the division also take The lack of criminal court rooms in the responsibility for hearing applications Supreme Court building continues to be The Court’s relationship with the media Surveillance Devices Act 1999 100 82 made under the Bail Act 1977. a problem. Whilst this can be overcome was enhanced during the reporting period to some extent by Judges of the division by the adoption by many Judges of a more Confiscation During this reporting period 85 Act 1997 and such applications were heard. sitting in the County Court building, the open policy with respect to suppression Proceeds of Crime situation is far from ideal. During this orders, the making available of exhibits Act 2002 (Cth) 99 89 Despite applications pursuant to the reporting period, Judges of the division and transcripts, and the publication of Crimes (Mental Impairment and Unfitness Other criminal sat regularly in the County Court judgments. The way in which press access applications* 49 53 to be Tried) Act 1997 being received by building. Fifteen matters were heard to such material was enhanced in the Total 341 309 the Court in its Common Law Division, there. Although the generous cooperation Benbrika trial was the subject of a study Judges of this division often undertake of the County Court judges and staff is undertaken by Ms. Prue Innes on behalf * These figures include— the hearing of these matters between gratefully acknowledged, it is disruptive of a number of media organisations. Major Crime (Investigative Powers) Act 2004, hearing criminal trials. It is proposed and inefficient for Judges not to have Ms. Innes reported favourably on the Witness Protection Act 1991 Sentencing Act 1991 (for compensation) that this practice be continued. access to their own chambers and the co-operation which was achieved between Supreme Court generally whilst sitting media organisations and the Court, not in the County Court building. only in respect of the release of material, but also in ensuring that other trials in this State and elsewhere were not disrupted by inappropriate publication of material which might have jeopardised those trials.

23 OF 52 PAGES our YEAr IN rEVIEW Report of the Associate Judges

OVERViEW* On 17 December 2008 the Courts Seven Associate Judges sit in the Trial Associate Justice Kings is responsible Legislation Amendment (Associate Judges) Division of the Court, dealing with for all trial listings for civil proceedings Act 2008 came into effect. It replaced both Commercial and Equity Division apart from those in Judge-managed lists, the office of Master of the Supreme proceedings and Common Law Division as well as the hearing and determination Court with the office of Associate Judge. proceedings. Most Associate Judges have of any applications in proceedings which Each of the former Masters is now an designated responsibilities and/or areas have been listed for trial. Associate Associate Justice of the Court. Associate of expertise. Justice Kings is the Associate Judge in Justice Mahony continues in the office of Since changes to the Rules in 2009, Charge of the Personal Injuries List and the Senior Master of the Supreme Court, Associate Judges have been able to is a member of the Commercial Court. that office having been retained because conduct trials in civil matters in areas Associate Justices Efthim and Gardiner of its integral involvement with Funds not only where they have jurisdiction are members of the Commercial Court, in Court. Until the Courts Legislation by force of an Act or the Rules, but also and primarily deal with Corporations Amendment (Costs Court and Other Matters) upon referral from a Judge of the Court. Act proceedings, including winding Act 2008 comes into effect and replaces In the latter cases, an appeal lies directly up applications, other corporations the office of Taxing Master with the to the Court of Appeal. applications, and trials referred to office of Cost Judge, Associate Justice them by the Judge in Charge of the Wood continues to hold the office of Applications in the Commercial Court Corporations List. Taxing Master. Associate Judges have or in specialist lists, such as the Judicial the title of ‘The Honourable Associate Review and Appeals List or Personal Associate Justice Wood is responsible for Justice…’ and are addressed in court as Injuries List, are heard by the Associate taxations of costs including costs orders ‘Your Honour’. Judges assigned to the Court and in inter partes matters and applications by those Lists. All applications in civil clients to assess their solicitors’ bills. Associate Judges are judicial officers who proceedings which are not managed carry out judicial functions in the civil Associate Justice Daly is a member of in specialist lists, or are required to jurisdiction of the Court, pursuant to the the Commercial Court, and is one of the be made to Associate Justice Kings or Rules of the Supreme Court. Generally, Associate Judges in Charge of the Judicial the Judge in the Practice Court, are Associate Judges hear and determine Review and Appeals List. Associate returnable in Associate Judges’ Court issues which arise before and after trial Justice Daly also considers applications 2 before Associate Justices Evans, in civil cases such as disputes about for mediations by Associate Judges, and Lansdowne, Daly or Gardiner. pleadings, discovery and subpoenas, is a member of the Court’s Alternative assessments of damages, costs and As Senior Master, Associate Justice Dispute Resolution Committee. enforcement of judgments. Also, when Mahony has responsibility for the Associate Justice Lansdowne is the a civil case commences at the Court, an judicial work with respect to and the Acting Registrar of the Court of Appeal, Associate Judge’s role is to set a timetable administration of Funds in Court, as well and in that capacity is responsible for for the filing and exchange of documents as sitting from time to time in Court 2 the management and listing of all civil and mediation between the parties in and Corporations matters. and criminal appeals. Associate Justice order to prepare the case for trial. An Associate Justice Evans conducts Lansdowne is also one of the Associate Associate Judge will then ensure that the hearings for directions in ‘Testator’s Judges in charge of the Judicial Review parties are complying with the timetable Family Maintenance proceedings’ and and Appeals List. and, if not, take appropriate action. hears all applications to an Associate Judge in proceedings brought in the * Due to changes in reporting figures for Major Torts List. 2008-09 Associate Judges’ figures were calculated using a different methodology. Therefore 2007-08 figures are not provided as the two figures are not comparable. 24 OF 52 PAGES our YEAr IN rEVIEW Report of the Associate Judges continued

MEDiATiONS CONDuCTED TAxATiONS – By ASSOCiATE JuDGES ASSESSMENT OF COSTS Since 2005, Associate Judges have Proceedings referred to mediation by Orders made in assessment of cost The proportion of taxations work conducted mediations of a number an Associate Judge often have one or matters for 2008-09: 1,091 represented by reviews of costs under the of proceedings, either on their own more of the following features: The majority of taxations is undertaken Legal Profession Act 2004 has increased motion, or upon referral from Judges, • they have previously had an by an Associate Judge who is the Taxing and this trend is expected to continue, practitioners, and other Associate Judges. unsuccessful mediation with a private Master. During the reporting period this particularly since the Family Court Mediations are conducted by Associate mediator; was Associate Justice Wood. The majority no longer deals with disputes between Justices Kings, Efthim, Wood, Lansdowne, of the assessment of costs comprises the clients and their solicitors in relation to • the parties involved are not matters commenced after 1 July 2008 Daly and Gardiner, utilising the mediation financially well off; or quantification of party and party costs facilities at 436 Lonsdale Street. pursuant to orders of the Supreme Court • the proceeding has been listed for in proceedings before the Court. In 2008-09, 134 mediations were ordered trial and there is a view that the costs to be conducted by Associate Judges. In and time involved in a trial of the A small proportion of taxations undertaken these matters: proceeding are disproportionately involved the assessment of costs in relation • 11 were not held or settled prior high considering the subject matter of to disputes arising between clients and to mediation; and the dispute. their legal representatives pursuant to the Legal Practice Act 1996 and Legal Profession • 27 were adjourned for further It is the practice for Associate Judges Act 2004. mediation. not to mediate matters where a litigant is self-represented. However, an As a general rule, costs disputes Of the remainder, 58 proceedings involving sums greater than $500,000 (60%) were settled at or shortly after arrangement has been made with the Victorian Bar Duty Barristers’ Scheme to are suitable for mediation, and parties the mediation, thereby freeing up are encouraged to consider referral to considerable judicial resources. obtain pro-bono assistance for litigants for the purpose of mediation alone. mediation in these matters.

Number of mediations conducted Mediation outcomes for 2008-09 by Associate Judges 1 Referred * 150 5 Not held

134 6 Settled prior to mediation

120 116

60 27 Adjourned 58 30 Settled/resolved 37 Not resolved at mediation

2007-08 2008-09 *Referred back to Listing Associate Judge for future direction 25 OF 52 PAGES our YEAr IN rEVIEW Report of the Associate Judges continued

CORPORATiONS LiSTiNG OF CASES AND GENERAL APPLiCATiONS PART iV MATTERS CASE MANAGEMENT TO ASSOCiATE JuDGES DiRECTiONS Orders made in corporations matters Orders made in Civil Management Orders made in general applications for Orders made in Part IV Directions for (including winding up applications) for List for 2008-09: 4,188 2008-09: 4,558 2008-09: 774 2008-09: 1,991 Orders made in Listings for General applications in civil proceedings The Associate Judges also hear Part IV The powers of the Associate Judges 2008-09: 325 are usually made returnable before and Directions hearings. These are testator’s who hear Corporations List matters are The majority of civil proceedings are not are determined by, an Associate Judge family maintenance proceedings under detailed under Schedule 2, Chapter V of in Specialist Lists but within the Civil sitting each day in Associate Judges’ the Administration and Probate Act 1958. the Supreme Court Rules. These powers Management List. Any civil proceeding Court No. 2. The case flow management was resulting allow an Associate Judge to determine that is not in a Specialist List and which General applications are interlocutory in substantial unnecessary costs to applications to set aside statutory has been commenced by writ and has applications made within the judicial litigants in the list. In recognition of demands, winding up applications, had a defence filed, is entered into authority of an Associate Judge in this, during the reporting period the applications for reinstatement of the Civil Management List for case proceedings not otherwise issued in Court adopted the practice of adjourning registration, voidable transaction management by Associate Justices Kings, any of the Court’s specialist lists and the further hearing of the application claims, public examinations and leave Efthim and Daly. not otherwise especially dealt with for directions to a date to be fixed after to proceed. Associate Judges also hear When a proceeding is ready for trial by Associate Judges designated for initial directions are given. appeals from the decisions of liquidators, particular applications (e.g. taxation such as rejections of proofs of debt and directions, it will be referred to Associate Practitioners dissatisfied with non- Justice Kings for a pre-trial directions of costs, listing of cases, corporations compliance of directions by the other applications involving the remuneration matters). of administrators and liquidators. hearing, where pending determination, a may, and do, re-list the proceeding trial date may be fixed, a Judge allocated These include matters such as service of promptly for further directions. In addition, the Judge in Charge of or further interlocutory directions process, pleadings disputes, summary This has led to a substantial reduction the Corporations List routinely refers undertaken. of judgment applications, security for matters that are in the jurisdiction of in the orders made without affecting Associate Justice Kings is responsible costs applications, discovery of facts the progress of the litigation towards the Corporations Judge for hearing by and documents, and amendments to Associate Judges. These applications for the fixing of dates of civil matters for resolution and a substantial saving in trial before Judges and the drawing up, pleadings. Applications also extend to costs, both for the litigants and the court. include oppression cases, damages for proceedings originating from other breach of director’s duties and statutory maintenance and co-ordination of lists of such cases. Any pre-trial determinations courts and tribunals, such as leave to derivative actions as well as trials appeal from VCAT or Magistrates’ Court involving insolvent trading. to manage the future conduct of proceedings, including applications of Victoria, which since 1 January 2009 As the figures reveal, there has been to vacate trial dates and speedy trial have been managed by Associate Justices a significant increase in all types applications, are also heard by Associate Lansdowne and Daly in the Judicial of applications heard by Associate Justice Kings. Review and Appeals List. Judges under the Corporations Act 2001 (Cth). In addition, the Associate Judges hearing corporations matters endeavour to provide their specialist insight when conducting mediations of matters involving disputes under the Corporations Act, especially oppression and voidable transaction matters.

26 OF 52 PAGES our YEAr IN rEVIEW Alternative Dispute Resolution (ADR) at the Court

The Supreme Court endeavours to HiGHER COuRTS BASED SuPREME COuRT THE SOuRDiN REPORT ViSiT By MADAM JuSTiCE keep cases away from the courtroom ADR PROGRAM ADR COMMiTTEE LOuiSE OTiS by facilitating just, cost effective and On 1 April 2009, the Attorney-General of expeditious mechanisms to resolve The Victorian government has invested As part of the Higher Courts Based Pilot Victoria launched a report into mediation In May 2009, Madam Justice Louise disputes. Mediation is one process by significant resources in improving and Program, the ADR Committee within the conducted in both the Supreme and Otis, former Justice of the Quebec Court which the Court achieves these ideals. expanding the use of ADR throughout Court has been reconstituted, following County Courts. The report, prepared of Appeal in Canada, visited Melbourne. Victoria, including in the Supreme Court. the retirement of Justice Kellam. by Professor Tania Sourdin of the Justice Otis was responsible for designing Historically, the Supreme Court has used Australian Centre for Peace and Conflict mediation as the primary ADR method. As part of the Victorian Government’s The ADR Committee is chaired by and implementing one of the world’s support for the use of ADR in the Courts Studies at the University of Queensland, first judicial mediation systems. She has It has proven to be a particularly Justice Weinberg from the Court of assessed the use and effectiveness successful tool and has resulted in almost and across Victoria more generally, the Appeal. The Committee consists of presided over hundreds of mediations in Government has invested $17.8 million of mediation of disputes in both the civil, family and administrative matters, no civil case at the Court going to trial Judges and Associate Judges including: Supreme and County Courts.* without at least one round of mediation. over four years. Of this, $3.7 million has and has subsequently assisted with the been allocated to the Supreme and County • Justice Hansen; The report analysed the use of mediation establishment of judicial mediation Mediations ordered by the Court may Courts over a two-year period, for the • Justice Osborn; in the Supreme and County Courts programs in a variety of jurisdictions be conducted by private mediators, but implementation of a pilot Higher Courts against five main criteria: around the world. a number of cases are also mediated Based ADR Program. • Justice Pagone; • Did mediation resolve or limit the During her time in Melbourne, Madam by Associate Judges, depending on the • Justice Forrest; circumstances of the case (please refer to The pilot program aims to expand the issues in dispute? Justice Otis delivered a number of use of ADR in the Supreme and County • Justice Judd; presentations to a variety of interested the Associate Judges’ Report). • Was mediation accessible to the Courts. Additional resources have been bodies, including the Supreme Court. • Justice Davies; parties? provided to the Court to assist in the She also conducted workshops on judge- development and implementation of the • Associate Justice Efthim; • Was mediation considered by the led mediations to Supreme Court Judges pilot. In particular, Justice Davies was • Associate Justice Wood; parties to be fair or just? and Associate Judges. appointed to the Supreme Court as an • Associate Justice Daly; and • Did mediation use resources efficiently additional resource, to release members and did the outcomes at mediation of the judiciary to consider the expansion • The ADR Co-ordinator. last? of ADR services within the Court. An Committee members are from a cross- ADR Co-ordinator was also appointed to • Did mediation achieve effective and section of divisions of the Court. assist in the implementation of the pilot acceptable outcomes? program. On the whole, Professor Sourdin’s As part of the pilot, the Court has report showed that mediation in not only considered improvement to the Court achieved these objectives. processes such as mediation, but also to However, the report also made further other ADR interventions such as early recommendations for improvement, neutral evaluation, case management and which will be considered by the ADR the like. Committee and the Court over the coming years.

* Sourdin, T. (2008) Mediation in the Supreme and County Courts of Victoria, Australian Centre for Peace and Conflict Studies, University of Queensland.

27 OF 52 PAGES our YEAr IN rEVIEW Senior Master’s (Funds in Court) Office (SMO)

HiGHLiGHTS GROWTH STATiSTiCS THE LEGAL SECTiON CLiENT LiAiSON • Over 5,000 beneficiaries The SMO’s work continues to grow in NEW BENEFiCiARiES MONEyS RECEiVED CLOs visit beneficiaries in their homes. volume and significance. Orders made Apart from providing input in respect • Orders made increased by more There were 628 payments into Court, In 2008-09, the sum of $113,028,231 than 23% increased by over 23%, documents of complex applications for payments, prepared by over 19%, and financial comprising: was paid into Court. CLOs are instrumental in assisting • More than 19% more documents transactions by over 10%. • 62 ‘non-award’ matters (dispute beneficiaries with many lifestyle and were prepared MONEyS PAiD OuT The increased workload placed money, security for costs, moneys other difficulties which they face in their • Financial transactions increased additional pressures on the SMO’s staff paid in under an Act). In 2008-09, the sum of $32,897,621 everyday life. by more than 10% and resources. Despite such pressures, • 566 ‘award’ payments (personal was paid out of Court representing • 84% of payments processed the SMO continues to provide a high injury, Family Provision claims, a total of 769 accounts. within five days quality service to its beneficiaries. Part III of the Wrongs Act 1958): TRuST ADMiNiSTRATiON • Client Liaison Officer visits AWARD PAyMENTS BREAkDOWN increased by more than 40% kEy PERFORMANCE This area works closely with the iNDiCATORS (kPis) Supreme Court 119 beneficiaries, who are persons under • Funds under administration County Court 56 a legal disability by reason of: have increased by more than Staff met or outperformed all KPIs Magistrates’ Court 2 3% since last year relating to the delivery of services to • acquired brain injury; VOCAT* 389 beneficiaries. • age (i.e. minors); or • Beneficiaries’ Focus Group created Total 566 • New 1300 numbers and email Most importantly, at least 84% of • psychiatric condition. payments to or on behalf of beneficiaries *Victims of Crime Assistance Tribunal addresses Many beneficiaries are involved in were processed within five days of complex legal or financial matters which • SMO planning to move receipt of request. to new premises require skilled and experienced Trust Office KPIs are continually reviewed Officers, Client Liaison Officers (CLOs) with the assistance of the internal and Legal Officers to work through the auditors (Moore Stephens). difficulties encountered.

Orders made* Documents prepared Financial transactions recorded CLO Visits

8,000 25,000 100,000 750 90,700 6,967 22,100 634 82,500 20,000 80,000 600

6,000 5,645 18,500 15,000 60,000 450 450 4,000 10,000 40,000 300

2,000 5,000 20,000 150

2007-08 2008-09 2007-08 2008-09 2007-08 2008-09 2007-08 2008-09

* Payments are made by Court orders (usually made by the Senior Master). 28 OF 52 PAGES our YEAr IN rEVIEW Senior Master’s (Funds in Court) Office (SMO)continued iNVESTMENT SECTiON ACCOuNTiNG The Investment Section: COMMON FuND NO. 3 AND TAxATiON The Audit Committee also incorporates the following key responsibilities of an • Considers and implements investment Common Fund No. 3 (CF-3) was FiNANCiAL REPORTiNG ethics committee: advice given by advisers engaged created in July 2004. The number of by the Senior Master. beneficiaries for whom equity investment The Financial Reports of the SMO are • Oversee the SMO’s compliance with • Provides administrative support to has been undertaken is more than 1,500, audited, on a financial year basis, by the the Code of Conduct; the Investment Review Panel (which i.e. approximately 30% of beneficiaries. Auditor-General. The General Purpose • Provide strategic oversight of the Financial Report and Audit Opinion of the consists of experts who On 1 July 2008, the ‘unit’ price for CF-3 SMO’s ethics audits and ethics Auditor-General for the year ended 30 June meet quarterly). was $1.51. By 30 June 2009, the ‘unit’ training program; 2009 are available on the Funds in Court price had fallen to just $1.22. Funds under administration (excluding section of the Supreme Court website. • Review any ethical complaints direct investment in real estate and Whilst the investment returns on CF-3 referred to the Audit Committee, as other assets) exceeded $920 million; an have fallen over the last two financial AuDiT COMMiTTEE well as the SMO’s responses to such increase of approximately $29 million (or years, in line with the general decline in complaints, and advise the Senior more than 3%) since last financial year. world equity markets, CF-3 returns for The Audit Committee is the focal Master with respect to the responses This increase was achieved despite the the last five years have been positive and point for communication between the where appropriate. continuing effects of the global financial have outperformed the benchmark ‘S&P/ external auditors, internal auditors and management in relation to: The Audit Committee met quarterly crisis on the Australian economy. ASX 50 Leaders Accumulation Index’ by during the reporting period. more than 4%. • financial and other reporting; Furthermore, since the SMO first • internal controls; RiSk MANAGEMENT purchased equities on 21 December 1992, • external and internal audits; The SMO continues its commitment the SMO equity portfolio has achieved an to risk management in accordance annual return of 11.8% during that time. • risk management; with Australian standards, and the • ethical issues; and prudential safeguards put in place are • other matters the Senior Master monitored by the SMO’s Accounting deems necessary. Section. At the regular meetings of SMO Section Heads, the Accounting Manager provides a report to the Senior Master detailing developments concerning Annual total value of Funds in Court (excluding real estate)* defined risk management matters. The Audit Committee also considers risk 1,000 $920 million

$891 million management at its quarterly meetings. 800

600

400

200

2007-08 2008-09

* Figures are approximate. Exact figures are provided in the SMO’s Annual Financial Reports available on the Court’s website. 29 OF 52 PAGES our YEAr IN rEVIEW Senior Master’s (Funds in Court) Office (SMO)continued

BENEFiCiARiES’ SMO NEWSLETTER NEW ACCOMMODATiON TAxATiON ADViSORy GROuP (BAG) The newsletter is intended as a source The SMO has grown substantially in The BAG continued to meet on a of information about the SMO for the recent years, particularly since the Annual trust tax returns were lodged beneficiaries and their families. The enactment of the Courts Legislation (Funds for every beneficiary. Utmost care was quarterly basis. The BAG consists of representatives of beneficiaries’ families decision to create the newsletter arose in Court) Act 2004 which provides for taken to ensure the accuracy of each from the BAG. the payment to the Court of all funds trust taxation return in compliance with and interested stakeholders such as the Law Institute of Victoria and the Office A new inclusion in the newsletter was awarded to persons under disability in legislation. No fees were charged for Victoria. taxation services. of the Public Advocate. a story about a beneficiary, describing his or her achievements after the The consequent growth in staff has iNFORMATiON BENEFiCiARiES’ FOCuS GROuP accident that resulted in the payment of resulted in the SMO’s present premises compensation funds to the SMO. This at 436 Lonsdale Street becoming A major initiative arising out of the BAG TECHNOLOGy proved to be very popular and will be a inadequate to accommodate all SMO was the creation of the Beneficiaries’ regular feature of future newsletters. staff in a manner consistent with The Information Technology section Focus Group – a group consisting solely Occupational Health and Safety (OHS) continues to improve and enhance the of beneficiaries. SMO’s database application, winTMS. NEW “1300” TELEPHONE and government requirements. The first ever forum of the Beneficiaries’ NuMBERS AND E-MAiL The SMO, with the assistance of the Focus Group was held on 5 December ADDRESSES Department of Justice, actively sought 2008. A group of 12 beneficiaries alternative premises in the central met to discuss the way in which the As part of the Senior Master’s business district. In June 2009, suitable SMO goes about its business, and to commitment to provide beneficiaries premises had been identified and the hear ways that the SMO can improve with the best quality service, the SMO Department of Justice was in the process services to beneficiaries. A professional introduced new “1300” telephone of negotiating a lease with the owner of facilitator assisted the group to convey its and facsimile numbers that allow the proposed premises. suggestions and recommendations to the beneficiaries to contact the SMO for the SMO staff present. cost of a local call. It is hoped that the SMO will be able to move to its new accommodation during It is intended that the focus group will The SMO also introduced new email the 2009-10 financial year. meet, initially, on a bi-annual basis. addresses that are part of the Court’s domain (supremecourt.vic.gov.au), rather than a public domain.

30 OF 52 PAGES rEports From the Wider Court

31 OF 52 PAGES rEports from thE WIdEr Court Judicial Training

During 2008-09, the Judges EDuCATiON COMMiTTEE THE JuDiCiAL COLLEGE ExTERNAL and Associate Judges of the AND THE 2009 JuDGES’ OF ViCTORiA CONFERENCES Court attended a variety of CONFERENCE The Judicial College of Victoria (JCV), AND SEMiNARS judicial training activities to Justice Marcia Neave chairs the established pursuant to the Judicial Judges and Associate Judges attended keep abreast of developing Education Committee, which has 10 College of Victoria Act 2001, keeps the a number of other national and professional standards. members including a representative from Victorian judiciary in touch with the international conferences and seminars the JCV. The Committee organised the community, in tune with technology, and this year. Please see the Appendix for third Supreme Court of Victoria Judges’ up to date with pressing social issues and more information. latest developments in the law. Conference at the Peninsula Country Golf Club in August 2008. The one The JCV Board is chaired by Chief Justice day conference included sessions on Warren AC. In addition, the following unconscious bias, the future of the Court, Judges from this Court participated in and divisional meetings. The Honourable various committees at the JCV: John Doyle AC, Chief Justice of South • Chief Justice Warren AC –Charter of Australia, and the Honourable Keith Human Rights and Responsibilities, Mason AC were two of the guest speakers Court Craft, Judicial Dispute at the conference. The conference was Resolution, Stress and the Judiciary; a great success with most of the Judges and Associate Judges attending the • Justice Kellam AO – Judicial Dispute conference. Resolution; • Justice Weinberg – Evidence Act 2008 • Justice Smith – Evidence Act 2008; • Justice Williams – Self-Represented Litigants; • Justice Kaye – Indigenous Cultural Awareness Committee; • Justice Hollingworth – Judgment Writing; • Justice Bell - Charter of Human Rights and Responsibilities, Court Craft; • Justice King – Criminal Procedure Act 2009; • Justice Judd – Judicial Officers Information Network (JOIN) Management Group; and • Associate Justice Efthim – Judicial Dispute Resolution. The JCV conducted many successful programs throughout the year, with a total of 848 hours of attendances from this Court.

32 OF 52 PAGES rEports from thE WIdEr Court Court Administration The Chief Executive Officer (CEO) manages the administrative arm of the Court, including some 270 staff. The CEO is responsible to the Chief Justice, the President of the Court of Appeal, and the Council of Judges for the effective administration of the Court. The following departments operate under the leadership of the CEO: - Planning and Strategy; - Human Resources; - Finance; - Security; - Juries; and - Principal Registry. WORkFORCE DATA Administrative staff are appointed under the Public Administration Act 2004 and the Extended and Varied Victorian Public Service Agreement 2006. (Part-time) (Part time) (Part (Full-time) (full-time) Female Female Salary Grade Male Male Male

G2 $38,235 - $49,101 42 5 37 3 G3 $50,175 - $60,922 69 9 29 - G4 $62,116 - $70,477 25 10 16 1 G5 $71,671 - $86,716 8 - 10 - G6 $87,910 -$117,642 3 - 10 1 TOTAL 147 24 102 5

33 OF 52 PAGES rEports from thE WIdEr Court Principal Registry

TRiAL DiViSiON AND PROBATE STAFFiNG AND FuNCTiON REGiONAL PRESENCE iNNOVATiON AND iNiTiATiVES SuBPOENAED MATERiALS The Principal Registry (with a team of The Principal Registry operates in major Renovation of the Principal Registry Management of subpoenaed materials 45 staff) provides administrative services regional locations through Magistrates’ premises continued during the year. continued to provide logistical to the judiciary, legal profession, court Court registries. A Regional Court As a part of rationalisation, Registry challenges. users and the public. Services include Liaison Officer provides assistance to continues to pursue changes under the managing files, custody of delivered regional offices, resolves administrative banner of ‘single point of contact’ for PRACTiCE COuRT/ subpoenaed materials, making orders issues, and ensures the sharing of up- services, with minor modifications to COMMERCiAL COuRT for administration of deceased estates, to-date information regarding Court the office area due for completion in CO-ORDiNATOR and handling enquiries. The Principal sittings. 2009-10. In 2007-08 the Registry established a Registry is also committed to providing The registry implemented an automated self-represented litigants with a better co-ordinator role. The role continues queuing system which allows an orderly to have a positive impact and assists in understanding of rules and procedures triage of business transactions according (see the Self-Represented Litigants Co- the administrative management of cases to their nature and complexity. The more seeking to be heard before the Practice ordinator’s report), and acts as a referral difficult and/or complex matters are point to legal service providers. Court. During the year, the registry thereby allocated to officers identified as trialled the Practice Court Co-ordinator A panel of Deputy Registrars lead having greater technical experience. An also covering a role as Commercial Court staff activities and assist to identify LCD television also promotes important Co-ordinator. The interplay between the service improvement and enhancement information such as Rule or Fee changes two roles has had a positive impact on opportunities. The Principal Registrars to waiting clients. the operation of both jurisdictions. from courts and tribunals also form a An automated telephone call routing network that discusses common themes system has been implemented, and issues across jurisdictions. channelling calls to specific areas. This helps to ensure that calls get through to an appropriate officer.

34 OF 52 PAGES rEports from thE WIdEr Court Principal Registry continued

TRiAL DiViSiON AND PROBATE CONTiNuED ELECTRONiC FiLiNG SPEAkiNG ENGAGEMENTS ELECTRONiC LiTiGATiON Electronic filing for civil documentation Staff regularly provide speakers for The Court continues to encourage the Administrative enhancements have enabled is offered to legal practitioners through conferences, guest lecturer spots, user consideration of conducting litigation the same level of staffing to deal with the CITEC-Confirm. Usage of electronic groups, and interest groups such as the electronically. Uptake in electronic increased workload to date. However the filing continues to exhibit exponential Law Institute of Victoria, universities, litigation continues to be relatively slow. situation is being closely monitored. growth since it was introduced in and professional conferences. The Probate Online Advertising System September 2007. Shown below is a STAFF TRAiNiNG (POAS) was implemented in March 2009. snapshot of the top 10 electronically filed Until September 2009, a dual advertising documents in 2008-09. During 2008-09, all staff were offered the opportunity to participate in Deputy system for publication of advertisements Prothonotary training, the aim of has been in place – legal practitioners and which is to establish a common base court users could either advertise on the of understanding amongst all staff in Court’s website (POAS) or by newspaper relation to the role and responsibilities of in the traditional manner. Usage of the the prothonotary function. system has become mandatory for specific advertisements from 2 September 2009. PROBATE POAS provides a web-based interface for Total dispositions (grants) in probate publishing advertisements and provides continue to increase. Major volume an easy to use search facility. Court workloads (Grants of Probate, users who do not have internet access are Administration upon Intestacy, and accommodated through an administrative Administration with Will Annexed) have service provided by Registry staff. increased overall by 10% during the last three years. Notably, these same categories increased 14% over the last four years reflecting a far greater sustained business workload. Top 10 eFiled documents 2008-09

350 332 309 305

298 Total dispositions (grants) Advertisements published on POAS 300 during 2009 1,170

250 220 20,000 1,200 1,111 17,857 199

200 17,056 173 1,000 940

150 136 15,000 119

110 800 100 10,000 50 600 541 Affidavit Affidavit of DocumentsAffidavit ofAnswers Service toDefence InterrogatoriesInterrogatoriesNotice of AppearanceNotice of ContributionSubpoena Writto Produce (General) 400 - Prothonotary 5,000 200

2007-08 2008-09 March April May June

35 OF 52 PAGES rEports from thE WIdEr Court Self-Represented Litigants Co-ordinator

The position of the Self-Represented The Co-ordinator’s role involves: During the year the Co-ordinator had One of the main advantages of the Litigants Co-ordinator was created in • the provision of procedural and 1439 separate contacts with SRLs. This Co-ordinator model is the provision May 2006 to be that of a single entry practical advice - never legal advice; included SRLs who personally attended of consistent procedural and practical point for self-represented litigants (SLR) at registry, by phone calls, emails advice for SRLs from a single point of in the Supreme Court of Victoria. The • recommending that persons seek legal or faxes. The 1439 contacts involved contact in the registry. The Co-ordinator Self-Represented Litigants Co-ordinator advice and the making of referrals for approximately 750 different persons. is also able to make referrals to legal legal advice or representation; Committee at the Court is chaired by The current legal options available to the advice and representation, (i.e. having a Justice Dodds-Streeton. SLRs are referred • general pre-commencement/defence Co-ordinator are: detailed knowledge of the various (pro- to the Co-ordinator by Judges of the Court discussions with SRLs and discussions bono) options and the capacity to liaise and through staff from other Victorian regarding procedure inside the • the Law Institute of Victoria, and build relationships with people who courts or VCAT or when they make Courtroom; telephone referral service – for up to work in the pro bono sector). In addition, contact with the registry. The range of 30 minutes of free legal advice; by having a detailed knowledge of the • making available court forms and enquiries received is best described as • Victoria Legal Aid; pro-bono referral options, the Court being extremely diverse. Some of the more guides to completing court forms; is able to refer people to suitable legal common enquiries concern commencing a • explaining timeframes and court fees; • Community Legal Centres (general service providers. The hope is that the proceeding, filing an appearance/defence, and and specialist); Court benefits from a reduction in SRLs seeking a stay on a warrant and filing for • providing a service for people • the Public Interest Law Clearing bringing in unmeritorious cases. a VCAT appeal. attending in relation to urgent House (PILCH); During the year, the Co-ordinator spoke applications (e.g. walking a person • Duty Barristers’ Scheme. at the National Access to Justice and Pro- to a courtroom, explaining where The Co-ordinator has regular (often Bono Conference and the Australasian to stand). weekly) contact and liaison with Court Administrators’ Conference. solicitors at PILCH and representatives The Court gratefully acknowledges the from the Duty Barristers’ Scheme (which work of PILCH, the Duty Barristers’ commenced operating in the Supreme Scheme and the Community Legal Court in the latter part of 2008). A good Centres for the pro-bono legal assistance working relationship has developed with they have provided to many members representatives from each organisation as of the community during the year. well as other community legal centres. This assistance is often provided in very difficult circumstances involving pressing timeframes.

36 OF 52 PAGES rEports from thE WIdEr Court rEports from thE WIdEr Court Records Management Occupational Health and Safety (OHS) Report Work continued on identifying historic RECORDS TRANSFERRED TO THE PuBLiC RECORD OFFiCE The Court has an ongoing commitment towards creating a safe and healthy working Supreme Court records and transferring iN 2008-09 environment. During the course of the year, OHS-related activities included: them to the Public Record Office during Civil List Case Records, 1960-1966 (897 units) • manual handling training resulting in over 100 court staff actively participating the reporting period. In all, 185 historic in practical workshops; volumes, some dating from the 1840s, Civil Action Books, 1842-1850 (2 volumes) were transferred to the Public Record • ongoing ergonomic workstation assessments, conducted for both judicial and Office in 2008-09. Index to Criminal Record Book, 1863-1880 & 1918-1958 (2 volumes) non-judicial staff; One particularly interesting historic Criminal Appeal Book, 1931-1954 (2 volumes) • ongoing support of various health and safety events like the Corporate Games, volume was the Roll of Barristers, which Outward Letter Book, Prothonotary’s Office, Criminal Appeal, 1921-1927 (1 volume) Ride to Work Day and the Supreme Court netball team; dated from 1841 and the first sitting Full Court Minute Book, 1946-1952 (1 volume) • participation in the influenza vaccination program; and of the Supreme Court in the colony. On the first page of the roll was Sir Cause Books, 1972-1989 (114 volumes) • the development of a suite of practical and relative OHS-related policies and procedures. Redmond Barry’s signature plus those Cause Lists Books with & without juries, 1952-1989 (23 volumes) of other early figures in legal practice in Overall improvement of resources and ongoing maintenance of the Court’s physical Melbourne. Roll of Barristers, 1841-1933 (1 volume) infrastructure continued throughout the year. These improvements included first aid Another volume, the index to the Roll of Attorneys, 1841-1891 (1 volume) services, acquisition of various manual handling mechanical aids, and the introduction of various ergonomic products for use by the judiciary and staff alike. Criminal Record Books, covered the Register of Commissioners for Taking Affidavits, 1886-1916 & 1958-1986, (2 volumes) period from 1863 to 1880. This contained An OHS Committee framework was also developed. It effectively identified General Sessions/County Court Appeal Record Book, 1921-1925 (1 volume) entries for members of the Kelly family designated work groups throughout the Court’s various work locations and including Ned (Edward), his father John Cases Entered for Trial, 1979-1988 (3 volumes) confirmed the roles and responsibilities of those within the Court’s OHS Committee. and his mother Ellen. Work is continuing Index to Appeals from the County Court, 1940-1989 (1 volume) The committee continued to meet on a bi-monthly basis and in doing so reinforced on this project to identify and transfer the importance of maintaining the ongoing health and safety of the judiciary, court the Court’s historic records to the state Orders to Review Index, 1939-1989 (1 volume) staff, court users and visitors. archives. Index to Cause Books, 1976-1989 (22 volumes) Throughout the year, an increased number of incidents were reported by In July 2008 the basement of 436 Index to Habeas Corpus Writs, 1842-1989 (2 volumes) Supreme Court staff. These reports will assist with the ongoing development Lonsdale Street flooded, affecting and implementation of effective strategies to prevent workplace injuries in the Index to Special Cases on Appeal from the District Courts of Mines & Special Cases contemporary probate and registry forthcoming year. on Appeal from the Court of General Sessions, 1862-1986 (2 volumes) records stored there. The majority of the records were recovered after treatment, Index to Mandamus Writs & Quo Warranto Briefs, 1844-1986 (1 volume) but during conservation work, some Index to Prohibition Writs, 1861-1987 (1 volume) records were damaged. Index to Certiorari Writs, 1861-1987 (1 volume) Following on from the extensive records management work undertaken, the Index to Commissioners for Taking Affidavits, 1958-1986 (1 volume) Court was nominated for a Sir Rupert Hamer Records Management award, an initiative of the Public Records Advisory Council.

37 OF 52 PAGES rEports from thE WIdEr Court Juries Commissioner’s Office (JCO)

Jurors play an important role in The JCO is responsible for overseeing the CHANGES TO LEGiSLATiON the justice system in Victoria. The efficient management and administration of the Victorian Jury System by: The Juries Act 2000 governs the Victorian juries system and its administration. During Juries Commissioner aims to the reporting period, the Juries Act 2000 was amended to include two key updates. provide a representative group of • establishing a structure enabling improvements to jury management The JCO now has the power to enquire of persons called to jury service as to their randomly selected citizens who, and administration; availability for trials of particular length. The JCO now has the ability to exclude from as jurors, actively participate in a pool, persons who are unavailable to sit on trials considered to be of longer than • providing a policy framework that the administration of the criminal usual duration. The amendments have proved effective in reducing the amount of time ensures a consistent and standardised needed by courts to empanel juries in lengthy trials. and civil justice system. The approach to jury management and A further amendment was introduced to make it an offence for a member of a panel or JCO is responsible for managing administration; a juror to make inquiries for the purpose of obtaining information about trial matters the effective administration of • improving services for jurors in except in the proper exercise of his or her functions as a juror. the Victorian Jury System. It Melbourne and 13 regional locations; oversees the processes which and JuRy MANAGEMENT • raising community awareness and provide juries for Melbourne and This year several regional courts required large panels due to the nature, duration and providing information about jury complexity of trials. Bendigo Law Courts had one of the largest panels ever needed for regional Supreme and County service in Victoria. Court trials. a regional court in Victoria with 400 persons required to attend as prospective jurors. NEW TECHNOLOGy The JCO has introduced bar-coding technology which has resulted in minimising delays in initial registration, empanelment and discharge processes. Difference Variance 2008-09 2007-08

JuRORS SuMMONED Melbourne 38,491 31,617 -6,874 -18% Circuit 27,150 31,703 4,553 17% Total 65,641 63,320 -2,321 -4% JuRORS EMPANELLED Melbourne 5,892 5,653 -239 -4% Circuit 2,072 2,084 12 1% Total 7,964 7,737 -227 -3% SuPREME AND COuNTy JuRy TRiALS Melbourne 511 488 -23 -5% Circuit 184 180 -4 -2% Total 695 668 -27 -4% SuPREME COuRT JuRy TRiAL DAyS* 791 898 107 14%

* Please note that in previous Annual Reports this figure was calculated per juror.

38 OF 52 PAGES rEports from thE WIdEr Court rEports from thE WIdEr Court Library Board of Examiners

The Supreme Court Library provides The Board of Examiners arranges for Since 1 July 2008 the Board of Examiners information and reference services to admission to practice in the Supreme has been operating as a discreet the Judges and Associate Judges of the Court by persons wishing to be admitted administrative entity, independent of Supreme Court and the legal profession, as legal practitioners. The Board’s the Supreme Court. On 1 September as well as to court staff. Its broad and primary role is to grant (or withhold) the 2008, the Board of Examiners relocated historically unique collection is essential Certificates upon which the Court relies from the Old High Court Building to for the research work of both the Court when ordering persons to be admitted. offices located at Ground Floor, 451 Little of Appeal and the Trial Division of During the reporting period the Bourke Street. the Court. It is also a resource for the following members served on the Board: The Legal Profession (Admission) Rules County Court, the Magistrates’ Court 2008 commenced on 1 July 2008 and and VCAT, and continues to provide • The Honourable B. Teague AO (Chairman) abolished articles of clerkship, replacing most of the funding for the staff in the them with Supervised Workplace first two of these libraries, and also their • Mr. R. K. Meldrum, Q.C. Training. The rationale for this change cataloguing services. The library is also • Mr. J G Santamaria, Q.C. was to achieve a level of consistency an essential research tool for the wider in pre-admission practical training by legal profession. • Mr. P. J. Jopling, Q.C. establishing a set of minimum training As noted in last year’s report, the • Ms J. Cameron requirements and to bring Victoria’s library continues its operations under training requirements into line with • Mr D. Grave increasingly straitened financial the National Practical Legal Training circumstances. Funding in real terms • Mr B. Pippett Competencies. from government sources is constantly • Mr. R. Besley (Secretary) decreasing, as is funding from other sources, despite the fact that the increase The following are key statistics for the in subscriptions and book costs is reporting period: normally almost double that of the Board meetings 12 Consumer Price Index. Although a great Applications considered by the 125 deal of legal material is now available Board in hearing online, at a considerable cost, much Admissions 1,107 paper-based material still has to be Articles of clerkship approved 181 bought at great cost. Supervised workplace training 197 As of 1 July 2008, the employment approved of staff was transferred to the Department of Justice. A review of the library, including employment status, commenced at the end of the reporting period, and is expected to report late in 2009 .

39 OF 52 PAGES rEports from thE WIdEr Court rEports from thE WIdEr Court Adult Parole Board Forensic Leave Panel

The Adult Parole Board is an Throughout the year the Board met Judges of the Supreme Court are also a psychiatrist or psychologist and independent statutory body established 129 times. Of those meetings, 50 were involved in extra-judicial work as a community representative. Panel under the Corrections Act 1986. For the conducted in prisons. In all, 8,605 members of the Forensic Leave Panel. hearings are not required to be formal past 50 years the Board has been chaired matters were considered, and 1,489 The panel is an independent statutory but the panel is bound by the rules of by a Supreme Court Judge. prisoners were interviewed. body established under the Crimes (Mental natural justice. Its proceedings are Justice Whelan is the chairperson of The extra-judicial workload imposed Impairment and Unfitness to be Tried) Act generally closed. the Board. Justice Curtain is a judicial on Judges who are members of the 1997. The Act governs the detention, The volume of the panel’s work has member of the Board. Board is substantial and has increased management and release of those unfit to increased significantly since its be tried or found not guilty of crimes on The Board comprises serving Supreme in recent years. establishment in 1988, when 20 forensic grounds of mental impairment. Forensic patients and three forensic residents Court and County Court Judges and patients and residents under custodial Magistrates, together with retired judicial made 71 leave applications. By 2007, supervision orders can apply to the panel 66 forensic patients and three forensic officers, and community members. The for different types of leave. obligations of the Board are demanding. residents made 178 applications for 761 They include the responsibility to make The panel must include one or more different leave purposes. independent and appropriate decisions Supreme Court Judges nominated by the After the 2007 introduction of a more regarding the release of prisoners on Chief Justice. A Supreme Court Judge efficient system, which allowed all leave parole, as well as responsibilities in is its President. The current judicial to be granted in six-month blocks, there relation to home detention and extended members from the Supreme Court are were 158 applications by 76 applicants supervision orders. Justice Williams, the panel’s President, in 2008. Of those applicants, 50 patients Justice Hollingworth, Justice Coghlan and one resident were under Supreme and Justice Forrest. Court orders. The panel also includes County Court The panel reports annually to Judges. At a hearing, the panel will Parliament and, in 2009, it presented be constituted by a judge from the its tenth annual report. sentencing court and may include the Chief Psychiatrist (or nominee),

40 OF 52 PAGES rEports from thE WIdEr Court 2008–09 Finance Report

2007/8 2008/9 2008/9 under or Actual Actual Budget (over) $000 $000 $000 Budget $000 ReVenue* Government Funding and other Controlled Revenue 42,059 46,482 49,592 3,110 totAl ReVenue 42,059 46,482 49,592 3,110 eXpenDItuRe total of tRIAl and AppeAl etc - but not Juries Commissioner’s office special Appropriation 16,690 18,431 20,886 2,455

Annual Appropriations Staff salaries and related expenses 10,696 12,390 12,411 21 All other Operating Costs 6,446 7,936 8,425 489 Non discretionary (mainly depreciation) 2,450 2,773 2,772 (1) total non Capital expenditure - trial & Appeal 36,282 41,530 44,494 8,212

JuRIes Commissioner’s office Special Appropriations 297 298 1 Staff salaries and related expenses 1,106 1,187 1,226 39 Operating Costs 752 837 974 137 Juror Payments 3,212 3,283 2,597 (686) Non discretionary (mainly depreciation) 3 2 4 2 total non Capital expenditure - Juries 5,073 5,606 5,099 (507)

Capital expenditure (All divisions of Court) 1,229 1,141 468 (673)

totAl All eXpenDItuRe 42,584 48,277 50,061 1,784

*The above figures show controlled funds only. They omit Court Fees etc collected ($13,451,124 - 2008/9 Actual) and Transfers out ($13,632,396 - 2008/9 Actual)

41 OF 52 PAGES Glossary

Adjournment Call Over Lists Common Law Division iCMS Non Award Funds A procedure to suspend or postpone a Some matters are listed in a callover list A division of the Court’s Trial Division Integrated Case Management System Paid into Funds in Court, however hearing to a future date. for their first hearing. At the callover, brought into effect on 1 February 2000, – a new case management system to unlike Award Funds these funds are not parties appear and make submissions pursuant to Practice Note No. 4 of 1999. be introduced at the Supreme Court of held for a particular individual who, but ACA about the further conduct of the matter. Victoria. for disability, is presently entitled to the Accident Compensation Act 1985. The Judge then gives further directions Court of Appeal funds. For example interest and taxation for the conduct of the matter if necessary The Court of Appeal hears appeals from injunction ADR payments are non-award funds. and lists the matter for further. Criminal and Civil trials heard by Judges A Court Order imposed to make a person Alternative Dispute Resolution. of the Supreme Court and the County do something or refrain from doing OHS CEO Court. It also hears appeals from some something. Appeal Occupational Health and Safety. The Chief Executive Officer is an officer proceedings which have come before An application to a higher court to of the Court and is employed pursuant the Victorian Civil and Administrative interlocutory Applications Originating Motion review the decision of a lower court. to s. 106(a) of the Supreme Court Act 1986 Tribunal (VCAT) and other Tribunals. Provisional or interim applications A form of process used to commence a and the Public Administration Act 2004. which are brought between the Associate Criminal Division proceeding where required by an Act beginning and the end of a proceeding to or by the Rules, and where there is no Each Judge and Associate Judge has an CLO A Division of the Court’s Trial Division decide a particular matter that is not the defendant or when it is unlikely that Associate. The Associate’s duties involve Client Liaison Officer. brought into effect on 1 February 2000, final issue of the entire proceeding. there will be any substantial dispute of the administrative function of running pursuant to Practice Note 4 of 1999. Court hearings. They also act as general Civil Management List JCV fact between the parties in a proceeding. assistants to their Judge/Associate Judge. Any civil proceeding that is not in Directions Hearing Judicial College of Victoria. Party Party Costs Judges’ Associates wear robes in Court. the Specialist List, which has been A form of preliminary hearing conducted commenced by writ and has had a when directions are given for the main JOiN In civil litigation matters the Award Funds defence filed, is entered into Civil hearing to be held at a later date. Judicial Officers’ Information Network. unsuccessful party may be required to Paid into Funds in Court, Award Funds Management List for case management. pay the successful party’s costs. These Judge in Charge represent an award of damages, or The majority of civil proceedings are not Docketing costs are known as party party costs. compensation, for a person under a legal in Specialist Lists but within the Civil A method by which cases are scheduled A judge who is responsible for the work PiLCH disability, who has had a proceeding in Management List. for hearing. of a particular list. The Judge in Charge a Court brought for and on his or her gives directions to the parties from the Public Interest Law Clearing House. behalf. A person for whom the Court Circuit sittings Duty Barristers’ Scheme early stages of the proceedings and will Pleadings holds funds is called a beneficiary. Sittings of the Supreme Court, which are Administered by the Victorian Bar, usually conduct the trial. held in various regional districts within this is a scheme where by volunteer A series of written statements exchanged BAG Associate Judge Victoria. barristers provide legal assistance to self between the parties in a proceeding. Beneficiaries’ Advisory Group (part represented litigants on an ad hoc basis. A Judicial Officer who carries They set out and clarify the claims and of SMO) consists of representatives of Commercial and Equity Division out judicial functions in the civil defences of the parties and help define beneficiaries’ families and interested A division of the Court’s Trial Division Funds in Court jurisdictions of the Court pursuant to the the issues that must be determined. stakeholders such as the Law Institute brought into effect on 1 February 2000, A discrete, self-funded division of the Rules of the Supreme Court. Practice Court of Victoria and the Office of the Public pursuant to Practice Note 4 of 1999. Court where the Senior Master holds, Advocate. administers and invests all funds paid Mediation A court where short and or urgent into the Court. A form of ADR, which aims to assist applications can be made. A Judge two (or more) disputants in reaching an presides over the Practice Court. agreement.

42 OF 52 PAGES Presentment Security for costs TAC VOCAT Used in criminal proceedings, this is a The Court may, on application of a Transport Accident Commission Victims of Crime Assistance Tribunal document filed in Court, which describes defendant, order that security for the the crimes alleged by the prosecution to costs of the defendant in the proceeding Taxation VWA have been committed by a defendant. be paid by the plaintiff under certain The procedure in which legal costs are Victorian Work Cover Authority circumstances. assessed. There are two types of legal Pre-trial conference costs: party party costs and solicitor winTMS A pre-trial conference is a form of Solicitor client costs client costs. A database application used by the SMO dispute resolution that usually takes Costs which a solicitor charges their place after a proceeding has been set client for legal services provided directly Tipstaff down for trial. to the client. An Officer of the Court who sits next to the Associate and in front of the Judge POAS Specialist list during Court. The Tipstaff is responsible Probate Online Advertisement Scheme. A A Judge-controlled list that provides for keeping order in the Court and will new scheme implemented by the Probate specialist management to cases usually swear in or affirm witnesses. Office to publish probate advertisements concerning that list and associated on a dedicated probate website provided disputes. The Judge in Charge gives Trial Division by the Court. This replaces the directions to the parties from the early A division of the Court comprising traditional method of publishing in the stages of the proceedings and will the Chief Justice and generally about newspaper. usually conduct the trial proceedings in 20 other Judges. The Trial Division is the list. The Court has several specialist further divided into three sub-divisions: Probate lists: (i) Admiralty List; (ii) Technology, the Commercial and Equity Division, the Proving of a will as authentic or valid. Engineering and Construction List; (iii) Common Law Division and the Criminal The Court is authorised to declare that Intellectual Property List; (iv) Major Division. a will is valid, allowing the executor Torts List; (v) Victorian Compensation Self Represented Litigants to collect the deceased’s assets and so and Planning List; (vi) Victorian administer the estate according to the Taxation Appeals List; (vii) Personal Individuals who do not have legal terms of the will. Injuries List; (viii) Judicial Review and representation and who are representing Appeals List; (ix) Corporations List; themselves in a proceeding. SMO Senior Masters’s Office, also known as Subpoena VCAT Funds In Court. A discrete, self-funded A writ or summons issued in a Victorian Civil and Administrative division of the Court where the Senior proceeding requiring the person to Tribunal. Master holds, administers and invests all whom it is directed to be present at a VGRS funds paid into the Court. particular place and time for a specified purpose under a penalty for non- Victorian Government Reporting Scalist attendance. Services. VGRS provides a range of The current case management system recording and transcript services to the used by the Supreme Court of Victoria. TAA Supreme Court of Victoria as well as Transport Accident Act 1986. other Victorian Courts.

43 OF 52 PAGES AppENdIx Judicial Activity

In addition to their judicial Chief Justice Warren • On 22 August 2008 the Chief Justice • On 9 September 2008 the Chief • On 6 October 2008 Chief Justice functions, the Judges and • On 31 July 2008 the Chief Justice was the guest speaker at the LIV Justice attended a Victorian Institute of Warren delivered a speech to the attended by LIV council members. Forensic Medicine meeting. Australian and New Zealand Society of Associate Judges of the and other judges attended the Victoria Law Foundation (VLF) Oration given The Chief Justice spoke on “Directions Forensic Scientists at the Melbourne Court undertake many extra • On 15 September 2008 the Chief by Chief Justice Gleeson in the Banco in Litigation”. Justice and Justice Cummins attended Convention Centre. activities to contribute to the Court. • On 25 August 2008, 24 November a Criminal Justice System Steering Group • On 6 October the Chief Justice attended development of the law and • On 5 August 2008 the Chief Justice 2008, 23 February 2009 and 25 May Meeting. a Speaking Parts Forum to secondary also to stay abreast of the co-presented a session on “Maintaining 2009 the Chief Justice chaired a • On 11 September 2008, the Chief students to deliver a short, informal latest developments in the psychological and physical health” at the Council of Legal Education board meeting. Justice, together with the President, address on work and family life balance. law. Attendances by Judges National Judicial Orientation Program • On 27 August 2008 the Chief Justice Justice Ashley, Justice Neave, Justice • On 16 October 2008 Chief Justice at Broadbeach, Queensland. and Associate Judges on these attended a dinner at Government House, Byrne, Justice Bell, Justice Hargrave, Warren, Judges and Associate Judges of Canberra, to honour Chief Justice Associate Justice Lansdowne and the Supreme Court attended the State occasions also enable Judges to • On 20 August 2008 the Chief Justice delivered the Deakin Law Oration at Gleeson and on 29 August attended the Associate Justice Kings, attended Memorial Service at St. Paul’s Cathedral explain to the community their the Melbourne Town Hall. The Chief farewell ceremony at the High Court, a Civil Justice meeting with Chris for The Honourable Sir John Young AC work and why it is important to Justice spoke on the topic of “Unelected Canberra. Humphries, Director of Civil Law KCMG. society to have an independent does not equate with undemocratic: • On 28 August 2008 the Chief Justice Policy, and Mary-Anne MacCullum, • On 5 November 2008 the Chief Justice the new manager of this project. judiciary. parliamentary sovereignty and the role of attended the Council of Chief Justices in conducted a walking lecture and a tour of the judiciary”. Canberra. • Between 21 September 2008 and 23 the Court for the Bar Readers. This appendix lists a few of the activities • On 21 August 2008 the Chief Justice • On 1 September 2008 the Chief Justice September 2008 the Chief Justice • On 7 November 2008 the Chief Justice, undertaken by the Judges and the and President Maxwell attended and Justices Vincent, Cummins, attended the Australian Institute of the President and all Appellate Judges Associate Judges of the Supreme Court of the Law Institute of Victoria’s (LIV) Smith and Byrne (representing the Judicial Administration (AIJA) Court attended the AIJA Appellate Judges’ Victoria during the reporting period. Leadership Lunch as the guests of Mr Court) attended the swearing in of The Quality Forum held in Sydney. conference. Tony Burke, President of the LIV. The Honourable Justice Robert French as Chief • On 25 September 2008 the Chief • On 10 November 2008 the Chief Justice guest speaker at the lunch was The Justice of the High Court. Justice delivered the Monash Law School delivered a short address at a cocktail Honourable Justice Michael Kirby. • On 2 September 2008 the Chief Justice Occasional Address at the Monash Law reception for the Chartered Institute of • On 21 August 2008 the Chief attended a VLF board meeting. School Valedictory Dinner. Arbitrators. Justices Byrne, Hollingworth Justice attended the National Security • On 9 September 2008 the Chief • On 1 October 2008 the Chief Justice and and Hargrave also attended. Dinner with The Honourable Robert Justice met with Dr David Tait, other judges attended the opening of the • On 11 November the Chief Justice McClelland, Attorney General, hosted Associate Professor Faculty of Law, new Council of Legal Education premises delivered an address at the Victoria Law by the Australian Strategic Policy Australian National University, with the Attorney General. Foundation Pro Bono Awards Ceremony Institute. regarding the Court Architecture Tour and presented the awards. conference proposed for 2009.

44 OF 52 PAGES • On 13 November the Chief Justice • On 11 February 2009 the Chief Justice, • On 18 March 2009 the Chief Justice • On 13 May 2009 the Chief Justice, delivered a short address at the Justices Bryne, Hargrave, Pagone, launched the 3rd edition of Commercial Judges and Associate Judges attended Commercial Bar Association cocktail party Judd, Robson and Associate Justices Tenancy Law. Justice Nettle and the JCV Master Class with Madame in the Supreme Court Library and Kings, Efthim, Daly and Gardiner Associate Justice Gardiner also attended. Justice Louise Otis on ADR. launched the Commercial Court thereafter attended the annual Monash . The • On 23 March 2009 the Chief Justice • On 15 May 2009 the Chief Justice Law Lucinda Lecture. launch was attended by John Digby opened the Court Architecture Conference chaired a session at the AIJA Court • On 9 December 2008 Judges and QC President of the Victorian Bar, in the Banco Court and attended Administrators’ Conference at which The Associate Judges of the Court attended Danny Barlow of LIV and Mr Bruce the Court Architecture Conference Honourable Robert French, Chief a JCV lunch time seminar by the Tee MLC, representing the Attorney Reception in the Supreme Court Justice of Australia spoke about the Right Honourable Lord Bingham of General. Library. funding of courts by governments. Human Rights Cornhill on the topic of “ • On 19 February the Chief Justice, • From 5 April to 9 April 2009 the Chief • On 21 May 2009 the Chief Justice and Adjudication: Reflections on Judging Justice Ashley and Associate Justice Justice and Justice Kellam attended Justice Kyrou met with the managing Under the UK Human Rights Act and Gardiner attended a meeting for the the 16th Commonwealth Law Conference, partners of a group of law firms and the European Convention on Human Rights Civil Procedure Advisory Committee ”. . Hong Kong. LIV for a lunchtime discussion. • On 3 February 2009 the Chief Justice • On 26 February 2009 the Chief Justice • On 14 and 15 April 2009 the Chief • From 2 to 4 June 2009 the Chief welcome and Justice Nettle attended the officiated at and gave a speech at the Justice attended the Council of Chief Justice attended the Indo-Australian for Justice Virginia Bell to the High Court opening of Blake Dawson’s new premises Justices meeting at the Supreme Court Legal Forum held at the High Court of in Canberra . at 181 William Street, Melbourne. of NSW in Sydney. Australia, Canberra. Justice Hollingworth also attended. • On 4 February 2009 the Chief Justice • On 6 May 2009 the Chief Justice spoke • On 12 June 2009, the Chief Justice, tour and discussion with hosted a • On 4 March 2009 the Chief Justice and presented the VLF Legal Reporting Judges and Associate Judges attended Professor Geoffrey London, the Victorian attended the Dame Roma Mitchell Awards (Quills), in the Supreme Court the JCV Uniform Evidence Act Seminar. Government Architect and Ms Shelly Memorial Luncheon hosted by Victorian Library. Justice Whelan announced Penn, the Associate Victorian Architect. Women Lawyers and the Law Institute • On 17 June 2009, the Chief Justice, the the awards and Justice Forrest President, Judges and Associate Judges The President, Justice Neave, Justice held at the RACV Club. Justice attended. Hansen, Justice Osborn and Associate Curtain also attended. attended a JCV lunchtime seminar Justice Wood attended. • On 12 May 2009 the Chief Justice, with Alan Kohler on “The Global • On 18 March 2009 the Chief Justice Judges and Associate Judges attended Financial Crisis – How it Happened”. • On 5 February 2009 the Chief Justice was the guest speaker on the topic of a JCV lunchtime seminar with The Melbourne Law School • On 19 June 2009, the Chief Justice presented the “Alternative Dispute Resolution” at the Honourable Madame Justice Otis on Juris Doctorate (JD) Oration together with Justices Byrne, Vickery, “Why be a Law Institute of Victoria breakfast held at judge-led mediation. lawyer?” in the Banco Court. the RACV Club. Hansen, Habersberger and Pagone and Associate Justice Daly attended the launch of the Technology Engineering and Construction List in Court 15.

45 OF 52 PAGES AppENdIx Judicial Activity continued

The President • On 9 September 2008 the President • On 5 March 2009 the President Justice Ashley • On 3 October 2008 Justice Neave • On 3 July 2008 the President addressed Melbourne University law attended the Rotary Hypothetical • On 12 June 2008 Justice Ashley presented a response to papers delivered the opening session speech students on the significance of human Conference as part of a panel. presented at a JCV seminar on “Loss of considering overseas experiences of at the Australian Association of Crown rights in the everyday practice of law. • On 25 March 2009, the President Chance”. limiting rights under human rights Prosecutors Conference. • On 6 October 2008 the President attended a Legal & Equity Leadership legislation at the 2008 Protecting Human • On 9 August 2008 Justice Ashley spoke Rights Conference. • On 18 July 2008 the President attended a portrait unveiling of Sir Workshop and gave a speech entitled at the annual Clerk of Courts Group delivered a speech to the Holding William Stawell at Trinity College “Challenges for justice in the next two dinner on the topic of “Life in Law”. • On 6 October 2008 Justice Neave Redlich luncheon for working fathers. • On 10 October 2008 the President years”. presented at a mock hearing of the Justice Neave prisoner voting rights attended by senior • On 23 July 2008 the President gave a attended the JCA Colloquium in • On 21 May 2009 the President chaired • On 13 June 2008 Justice Neave delivered Victorian female school students at the speech at the Duty Barristers seminar. Brisbane. and Judges attended the JCV Twilight a speech entitled “Hearts and Minds – Speaking Parts Workshop. • On 21 November 2008 the President Seminar on the Human Rights Charter. • On 17 July 2008 the President and The Next Step” to the Australian Women attended the Law Institute Annual • On 22 May 2009 the President was • On 6 October 2008 Justices Neave, Justices Nettle and Robson presided Lawyers’ Conference. Williams and Hollingworth attended the over the Hanover Grand Final moot. General Meeting to present a speech the keynote speaker in Canberra for on “Recent Developments in Criminal the “60 years Deutsches Grundgesetz - The • On 26 June 2008 Justice Neave delivered Speaking Parts Forum for year 12 female • On 7 August 2008 the President Law”. German Constitution turns 60” - Human a speech at the “Don’t Trade Lives” students considering a career in law. attended and gave a speech entitled and basic rights through the eyes of seminar. • On 14 October 2008 Justice Neave on “What Osmond decided: the giving of • On 5 November 2008 the President attended a presentation on “Provocation Germany and Australia. • Between 5 June and 26 June 2008 behalf of the Chief Justice attended reasons is not a matter of natural justice”. the “Justice Statement 2” launch at the in Sentencing”. Justice Buchanan Justices Neave, Kellam, Hansen, Kaye, • On 14 August 2008 the President Hollingworth, King, Vickery and Kyrou Neighbourhood Justice Centre. • On 22 January 2009 the President • In November and December 2008 attended Wesley College to give a speech judged various rounds of the Hanover & • On 7 November 2008 Justice Neave attended a roundtable discussion on Justice Buchanan and Justice Mandie on sentencing. LIV Moot Court Competition. spoke at Valparaiso University in “Security and Safety within the Court were appointed as acting judges of the Indiana, USA, and delivered a paper • On 20 August 2008 the President System”. Supreme Court of Tasmania for the • On 29 July 2008, Justice Neave made hosted a luncheon at the Court of the presentations to the winners of the entitled: “Law Reform: the Australian • On 5 February 2009 the President purpose of hearing civil appeals. Appeal for the Monash University Law Supreme Court Exhibition Prize and the Experience”. attended and delivered a welcome Students High Achievers. Justice Nettle Supreme Court Prize at a ceremony held address to the Jury Directions • On 19 February 2009 Justice Neave at La Trobe University. • On 5 September 2008 the President symposium at the Victorian Law Reform • On 19 September 2008 Justice Nettle attended the Australia New Zealand presided over the Castan Centre for Commission. presented at the JCV Sexual Assault • On 19 September 2008, Justice Neave School of Governance (ANSZOG) Human Rights mooting grand final which Workshop on the subject of competence gave a presentation to the JCV Sexual “Governing by the Rules” Conference in was held in the Red Court. and compellability. Assault Workshop on prior sexual history. Sydney on 19 February 2009.

46 OF 52 PAGES Justice Redlich • From 18 and 28 January 2009 Justice Justice Weinberg Justice Smith Justice Harper • On 29 May 2009 Justices Redlich, Kellam led the ABA training team • On 5 September 2008, Justice Weinberg • On 1 August 2008 Justice Smith • On 18 June 2008 Justice Harper chaired Harper, Hargrave and Associate Justice conducting advocacy training for the attended the Federal Criminal Law delivered a paper on the Charter of a meeting of the Academic Course Appraisal Efthim attended the 360 Degrees and Bangladesh Bar in Dhaka. Conference, organised by the Law Human Rights at the JCV. Committee. Court Craft Program at the JCV. • From 25 – 27 January 2009 at the Council of Australia and the New South Justice Byrne • On 19 June 2008, 21 March, 22 April • On 26 June 2009 Justice Redlich request of UNICEF, Justice Kellam Wales Bar Association, in Sydney, 2009 Justice Harper attended the • On 10 July 2008 Justice Byrne represented the Chief Justice at the 2009 conducted a three-day seminar for where he presented a paper entitled Australian Red Cross (Victorian Division) spoke about the “Court’s e-litigation General Sir John Monash Tribute held at judges and lawyers on the “Rights of the “The Current and Proposed Criminal board meeting. practice note” at the Legal Technology the St Kilda Synagogue. Child” with a particular emphasis on Jurisdiction of the Federal Court”. Conference 2008 at the University of • On 25 June, 24 September, 26 November diversion of minors from the criminal • On 25 October 2008, Justice Weinberg Justice kellam justice system in Bangladesh. Melbourne. 2008, 18 February, 24 June 2009 delivered a speech at the NJCA Justice Harper chaired a meeting of • On 20 June 2008 Justice Kellam was • On 7 August 2008 Justice Byrne • From 2-5 March 2009 Justice Kellam Conference in Sydney on “The Australian the International Humanitarian Law a presenter at the JCV Judicial Dispute delivered a commentary on “Assessing the chaired the National Judicial College Justice System in 2020”. Committee of Australian Red Cross Resolution Seminar. credibility of witnesses” at the National of Australia (NJCA) Phoenix Program • On 20 February 2009, Justice Weinberg (Victorian Division). • From 8-11 September 2008 Justice in Canberra. Justice Cummins gave a Judicial Orientation Program. presented a paper entitled “The Move • On 16 July 2008 Justice Harper Kellam attended the National Mediation presentation on “Judicial Ethics” at the • On 4 December 2008 Justice Byrne Towards Pre-emption in the Criminal participated in a teleconference of the Conference 2008 as chair of the National conference. Justices Mandie and Hansen was the speaker at the Maritime Law Law” to the Summer School Program Harmonisation of Service Outside the Alternative Dispute Resolution Advisory also attended. Association of Australia and New Zealand conducted by the Law Society of Jurisdiction Committee. Council (NADRAC). • On 29 March 2009 Justice Kellam Western Australia and the University of Christmas lunch. • On 22 July, 8 September 2008 Justice • From 14-17 December 2008 Justice delivered a speech titled “The Future Western Australia. • On 27 January 2009 Justice Byrne Harper attended a meeting of the Victorian Kellam, together with Professor Nadja for Collaborative Law in Australia” to presented a paper on “Complex Civil • On 12 March 2009, Justice Weinberg Law Reform Commission. Alexander, conducted ADR training for the International Collaborative Law was the after dinner speaker at the Litigation: The New approach to Building the judges of the National and Supreme Conference in Sydney. dinner of the Council of Australian Law Cases in Victoria” at the Supreme and • On 23 July 2008 Justice Harper and Courts of PNG in Port Moresby. • On 1 April 2009 Justice Kellam Deans in Melbourne. Federal Court Judges’ Conference in Justice Pagone presented at a seminar on ethics for the Victorian Bar Continuing • From 12-17 January 2009 Justice Kellam delivered a speech at the launch of the Hobart. • On 3 April 2009, Justice Weinberg Legal Education (CLE) program. led the Australian Bar Association (ABA) report on “Mediation in the Supreme & presented a paper entitled • On 3 June 2009 Justice Byrne attended a team conducting advocacy training with County Courts”. “Criminalisation of Cartel Conduct – Some meeting at the Department of Justice to • On 3 September 2008 Justice Harper the Bar of Nepal in Kathmandu. • From 20 April 2008 to 8 Mary 2008 Pre-Trial Management Issues” at the consider proportionate liability as part and Justice Hollingworth attended the Justice Kellam sat on the bench of the Federal Court of Australia/Law Council of the review of Standing Committee of launch of Gideon Haigh’s book, The Racket, Supreme Court of Samoa. of Australia Business Law Section Attorneys-General. about the Menhennit ruling and the law Workshop in Adelaide. relating to abortion.

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• On 10 September 2008 Justice Harper • On 10 February 2009 Justice Harper Justice Hansen Justice Habersberger Justice kaye participated in a teleconference for the participated in the teleconferences for • On 11 and 12 September 2008, Justice • On 14 October 2008, Justice • On 4 August 2008, Justice Kaye chaired NJCA. the NJCA Governing Council. Hansen and Associate Justice Evans Habersberger delivered a speech at a a ‘Twilight Seminar’ on the Koori Court • On 18 September 2008 Justice Harper • On 18 February and 3 June 2009 Justice attended a two-day conference held by forum organised by the Law Students for judicial officers. The seminar was addressed an International Affairs Harper attended a meeting of the the JCV. The subject was “Ethics and Society at the University of Melbourne to presented by the JCV in conjunction meeting at the Australia Club. Victorian Bar Readers’ Course Committee. Obligations in Judicial Decision Making”. celebrate the 25th anniversary of the with the Judicial Officers’ Aboriginal case Commonwealth v Tasmania (the Cultural Awareness Committee. • On 22 September 2008 Justice Harper • On 4 March, 18 March, 2 April, 21 • On 30 and 31 March 2009, Justice Tasmanian Dam Case). attended a meeting of the Victorian Law April and 3 June 2009, Justice Harper Hansen attended the Judicial Leadership • On 18 August 2008 Justice Kaye Reform Commission in relation to the attended a teleconference for the NJCA Program run by the JCV. • On 25 March 2009, Justice Habersberger attended a public lecture by Professor juries reference”. 2009 Colloquium Organising Committee. • On 28 May 2009, Justices Hansen and delivered a speech for the LIV Young Menachem Mautner from Tel Aviv Lawyers Section at the New Lawyers University. The lecture was held at • On 2 October 2008, 5 March 2009 and • On 14 March 2009 Justice Harper Pagone attended and presented prizes Orientation Program. Monash University Law Chambers and 6 April 2009 Justice Harper chaired a attended a meeting of the NJCA at the Melbourne Law School 2009 Professor Mautner spoke on “Law and meeting of the NJCA Complaints Against Governing Council in Sydney. Award Ceremony. Justice Williams culture in Israel at the threshold of the 21st Judicial Officers Committee. • On 25 March and 17 June 2009 Justice Justice Bongiorno • Over the weekend of 15 and 16 June century”. • From 10-12 October 2008 Justices Harper chaired a meeting of the Judicial 2008, Justice Williams participated • On 29 July 2008, Justice Bongiorno gave • On 12 September 2008 Justice Kaye and Harper, Mandie and Cavanough Assistance Committee. in the Australian Women Lawyers’ a lecture to the inaugural JD course at Justice Bell attended the Third National attended the NJCA colloquium in Conference. Together with two other • On 12 May 2009 Justice Harper the Melbourne University Law School as Indigenous Legal Conference held at the Queensland. judges, Justice Williams was a speaker attended the opening by the Governor- part of the Guest Lecture Programme on RACV Club. • On 15 October 2005 Justice Harper General of an exhibition sponsored by “Judges and Juries”. in a session titled “Judicial Discretion”. • On 25 August 2008 Justice Kaye chaired chaired a meeting of the Judicial Assistance the Australian Red Cross, “Women in Justice Williams’ topic was “Aspects of • 24 March 2009, Justice Bongiorno a meeting of the Judicial Officers’ Committee. War”. discretion in property cases”. participated in the Courts of the Future Aboriginal Cultural Awareness Committee. • On 23 October 2008 Justice Harper • On 13 May 2009 Justice Harper chaired Network: Victorian Court Architecture • On 24 and 25 October 2008 Justice • On 7 October 2008 Justice Kaye attended the International Criminal a panel discussion for the Victorian Tour. His honour delivered a speech on Williams attended the NJCA symposium, attended the NJCA’s Indigenous Justice Justice Discussion Forum at the LIV. Association for the Care and Resettlement the topic of “Court security in an age of The Australian Justice System, and the annual general meeting of the Australian Committee by teleconference. • On 6 November, 11 December 2008 and of Offenders (VACRO). terror”. Association of Women Judges in Sydney. • On 14 May 2009 Justice Kaye and 5 February 2009 Justice Harper chaired • On 2 June 2009 Justice Harper attended Justice Habersberger assisted with the a meeting of the NJCA Executive by a meeting of the Monash University Post Bar Readers Moot. teleconference. Graduate Advisory Panel on Human Rights • On 24 November 2008 Justice Harper & International & Comparative Law. attended a meeting of the Monash • On 17 June 2009 Justice Harper University Post Graduate Studies attended the launch of the letters and Advisory Panel on “Human Rights and speeches of Professor David Derham. International and Comparative Law”.

48 OF 52 PAGES • On 16 and 17 May 2009 Justice Kaye » On 27 March 2009 chaired the Annual • On 13 February 2009, Justice Whelan • On 28 October 2008 Justice • Between 27 and 30 June 2008 Justice attended a seminar in Sydney titled General Meeting of the Adult Parole Board. toured the Metropolitan Remand Centre. Hollingworth and Justice Lasry Bell attended the International Council Exchanging Ideas Weekend “ .” It was a » Met with officers of the Department of • On 21 and 22 March 2009, Justice addressed the Bar Readers on “Ethical of Advocates and Barristers World Bar conference for judicial officers and Justice and others concerning issues Whelan and Justice Hollingworth Duties to the Court”. Conference in Dublin and Belfast. Whilst in Aboriginal community members relating to the Charter of Human attended the JCV’s residential Aboriginal • From 7-8 February 2009 Justice Belfast, Justice Bell met with Baroness Ngara Yura which was presented by the Rights and Responsibilities and Justice Conference. Hollingworth attended the JCA Judicial Scotland, the Attorney General for Programme Judicial Commission and the relating to the future administration Reasoning Conference in Canberra. England and Wales, to discuss the of NSW • On 7 May 2009, Justice Whelan . of extended supervision orders on 7 review of the Human Rights Act 1998 attended and spoke at a Melbourne Law • On 2 March 2009 Justice Hollingworth (UK). On 2 July 2008 Justice Bell met Justice Whelan August 2008, 4 December 2008, 6 Scholarship dinner hosted by Arnold presented at Leo Cussen Institute on the March 2009, 20 March 2009, 2 April with Mrs Justice Susan Denham, the • In his capacity as chairperson of the Adult Bloch Liebler. topic of “Witness Statements” 2009, 1 May 2009, 13 May 2009, 26 former head of the Irish Courts Service, Parole Board, Justice Whelan: May 2009 and 27 May 2009. • On 13 May 2009, Justice Whelan • On 19 March 2009 Justice Hollingworth and went on a tour of the Supreme Court » On 25 June 2008 hosted the Attorney- presented to 50 year 11 and 12 high school participated in a panel discussion at in Dublin. » Dealt with urgent matters by phone General when he visited the Adult students in Court in relation to the Melbourne University with Professor Mary conference on a frequent but irregular • On 31 July 2008 Justice Bell attended the Parole Board to observe the meetings practical aspects of conducting a Jane Mossman of Osgoode Hall, Canada. basis. launch of the Equal Opportunity Act review being conducted that day. criminal trial. • On 16 April 2009 Justice Hollingworth report by the Attorney-General. • From 25 June to 27 June 2008, Justices » Between 15 and 18 October 2008 chaired the JCV Seminar on “Mental Whelan, Pagone and Associate Justice Justice Hollingworth • On 1 August 2008 Justice Bell chaired attended a meeting of Australasian Heads Illness and Substance Abuse”. Daly attended the 4th AIJA Law and • On 29 May 2008 Justice Hollingworth the JCV Human Rights Refresher seminar, of Parole Boards in New Zealand. Technology Conference in Sydney. Justice spoke at Victoria University on the topic • On 7 May 2009 Justice Hollingworth held on 1 August 2008. » On 3 October 2008 toured Ararat Prison Whelan made a presentation with of “A Career in Law”. and Justice Whelan attended a JCV • On 22 August 2008 Justice Bell and Seminar on “Cyberlaw”. and the extended supervision order Associate Justice Daly entitled “Court • From 12 July to 19 July 2008 Justice Justice Pagone attended the Mallesons accommodation facilities in Ararat. measures for controlling eDiscovery”. Hollingworth taught advocacy as part of • On 19 May 2009 Justice Hollingworth Stephen Jacques luncheon with John » On 14 November 2008 toured Barwon • On 8 September 2008, Justice Whelan the Victorian Bar’s course for the Legal presided over a Bar Readers’ moot. Pace at the Melbourne Town Hall, followed by the Castan Centre for Prison and Marngoneet Prison. judged the Melbourne University Law Training Institute in Port Moresby. • On 4 June 2009 Justice Hollingworth School’s Witness Examination Grand Final. Human Rights Law Lecture delivered by » Attended meetings at the Adult Parole • On 17 September 2008 Justice was the guest speaker at a dinner to Mr John Pace. The lecture was entitled Board on 15 July 2008, 23 July 2008, • On 19 November 2008, Justice Whelan Hollingworth gave a talk to the LIV’s launch the Geelong Branch of Victorian “The Great Enterprise after Iraq”. 30 July 2008, 17 September 2008, spoke at the annual Valedictorian Dinner Commercial Litigation Specialist Study Women Lawyers. 26 September 2008, 6 October for Year 12 students at Monterey High Group about “Witness Statements”. • On 1 September 2008 Justice Bell Justice Bell chaired a meeting of the JCV board. 2008, 7 November 2008, 12 School, Frankston. • On 29 September 2008 Justice November 2008, 1 December 2008, • On 4 June and 19 June 2008 Justice Bell • On 6 February 2009 Justice Whelan Hollingworth delivered a lecture to • On 4 September 2008 Justice Bell 8 December 2008, 12 December chaired a meeting of the JCV Human delivered a speech entitled “The role of attended a sentencing workshop at the JCV. Melbourne University JD students on Rights Sub-Committee. 2008, 23 January 2009, 27 January “Courtroom Ethics”. VCAT in a changing world: the President’s 2009, 4 February 2009, 5 February • On 6 February 2009 Justice Whelan • On 5 and 6 June 2008 Justice Bell review of VCAT” to a Law Institute of 2009, 17 February 2009, 20 attended and spoke at a media briefing for • On 16 October 2008 Justice attended the Australasian Institute Victoria function attended by property February 2009, 22 April 2009, 17 Court reporters and other interested Hollingworth presided over the JD of Judicial Administration/Council of law and litigation lawyers and the June 2009, 18 June 2009 and 22 journalists in relation to the upcoming mooting grand final at Melbourne University. Australasian Tribunals Conference. general public. June 2009. calendar year.

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• On 5 September 2008 Justice Bell • On 22 October 2008 Justice Bell Justice Cavanough • On 2 July 2008 Justice Pagone presented • On 16 October 2008 Justice Pagone attended the Planning Institute of attended the NSW Administrative Appeals • On 19 March 2009 Justice Cavanough the paper “Court Approval for Settlement attended a special Monash Law alumni Victoria and Victorian Planning and Tribunal. addressed members of the Victorian of Class Actions” at Palazzo di Guistizia, event to discuss plans for expansion of Environmental Law Association State • On 20 November 2008 Justice Bell Bar on the topic of “Judicial Appeals and Milan. Monash University Law Faculty mooting and Planning Conference and delivered a delivered the keynote address at the Review List”. • From 14-15 August 2008 Justice Pagone advocacy programs. speech entitled “The Charter of Human Australian Institute of Administrative presented to the Australian Taxation • On 20 November 2008 Justice Pagone Rights and its potential application to Justice Curtain Law’s annual dinner. The speech was Office Workshop on “How to identify launched the book “Adventures in Two planning law.” titled “Enhancing Australian democracy • On 14 October 2008 Justice Curtain questions of law”. Worlds: My Battles with the D Word” with the federal bill of rights delivered a speech at the Women’s • From 8 September to 11 September .” • On 20 August 2008 Justice Pagone written by Professor Ivo Vellar, at Breakfast at the Peninsula School in Mt Justice Bell attended the National • From 26-28 November 2008 Justice Bell attended a lecture by, and spoke to Co.As.It.. Mediation Conference 2008 held in Eliza. attended the Council of Australasian thank, The Honourable Justice Kirby .• On 8 December 2008 Justice Pagone Perth. On 9 September 2008 Justice Bell Tribunals (COAT), Tribunals • On 5 and 6 March 2009 Justice Curtain at the Melbourne Law School Annual Tax attended the Tax Bar Association lecture attended the Second National Mediator Leadership Workshop in Melbourne. attended the Adult Parole Board. Lecture held at Melbourne Law School. and dinner with Michael D’Ascenzo. Accreditation Committee meeting. His Honour attended the informal Justice Bell chaired a conference session • 22 May 2009 Justice Curtain addressed • On 3 September 2008 Justice Pagone • On 17 December 2008 Justice Pagone opening night dinner on 26 November, the Year 12 legal studies students at Loreto attended a seminar organised by the attended the Monash University Thanks entitled Fasten your seat belts we’re in for Dealing with and spoke on the topic of “ Mandeville Hall. Australian Italian Lawyers Association Event for Volunteers. a bumpy ride! Changing the landscape government administrators, the political titled “Testamentary Trust Wills – through Family Dispute Resolution system and the media” on 27 November Justice Pagone • On 28 February 2009 Justice Pagone and family violence organisational Advantages and Disadvantages in Estate 2008. • On 19 June 2008 Justice Pagone attended attended the Immigration Museum’s partnerships. Planning and Succession.” Community Festival and Exhibition Program Justice king the launch of the Construction Law Made • On 12 September 2008 Justice Bell Easy website which was hosted by • On 4 September 2008 Justice Pagone at the Immigration Museum. attended the Third National Indigenous • On 13 November 2008 Justices King and Minter Ellison at the Rialto Towers and launched the book European Union Law: • On 19 March 2009 Justice Pagone led a Legal Conference held at the RACV Coghlan and Associate Justices Efthim included The Honourable Tim Pallas, An Australian View by Matthew Harvey discussion on the Commercial Court to the Club and delivered a speech entitled and Wood presided over the Bar Readers’ Minister for Roads and Ports. and Michael Longo. Victorian Bar. “The significance of the Charter of Human Course moots. • On 17 September 2008 Justice Pagone Rights and Responsibilities Act 2006 for • On 1 and 2 July 2008 Justice Pagone had • On 1 April 2009 Justice Pagone attended • On 15 November 2008 Justice meetings with Antonio Mura, Secretary presented at the Australian Taxation the lecture “Mediation in the Supreme and reconciliation with the Aboriginal community King presented the highlight legal Office Leadership Workshop on the and a federal charter of rights.” General of the International Association County Courts”. presentation at the “Facing Change in Law, of Judges (IAJ), and Barbara Scolart, also topic of “The Model Litigant and Law • On 6 October 2008 Justice Bell Medicine and Science” conference held at Clarification”. • On 7 April 2009 Justice Pagone of the IAJ, at Palazzo di Guistizia, Milan. delivered a speech titled “Centipedes, Liars addressed the public hearing of the the Hotel Windsor. • On 11 October 2008 Justice Pagone Victoria Parliamentary Law Reform and Unconscious Bias” at the Melbourne delivered a speech to the Taxation Law School. Committee Inquiry into Vexatious Litigants. Institute of Australia’s Victorian State Convention on “Professional Obligation when Advising on Tax Avoidance”.

50 OF 52 PAGES • On 9 May 2009 Justice Pagone Justice Coghlan Justice Lasry • On 9 October 2008 Justice Lasry was a • On 1 April 2009 Justice Lasry attended presented a paper “Income and Capital • On 2 June 2009 Justice Coghlan • On 30 May 2008 Justice Lasry speaker at the Inaugural Reprieve Lecture the Monash Law Faculty board meeting. Distinction” for the Tax Institute of participated in a CPD Seminar at the presented to the LIV Human Rights for World Anti-Death Penalty Day at the • On 12 May 2009 Justice Lasry delivered Australia, South Australian State Victorian Bar entitled “Defence Responses Conference on the topic of “The Charter State Library of Victoria. the Blackburn Lecture in Canberra Convention. to Crown Openings and Defence Openings for of Human Rights and Criminal Procedure in • On 10 October 2008 Justice Lasry titled “Australian Legal Principles”. • On 31 May 2009 Justice Pagone attended Defence Cases”. Victoria”. spoke at the Last Laugh Luncheon hosted the Premier of Victoria’s announcement by Lawyers Weekly. Justice Vickery Justice Robson • On 14 June 2008 Justice Lasry gave the funding for the Lygon Street precinct to • On 19 August 2008 Justice Vickery of Inaugural Law Lecture to celebrate the • On 24 November 2008 Justice Lasry Co.As.It • On 26 September 2008, Justice Robson delivered a paper entitled “Treaties, under the Cultural Precincts 150th anniversary of the Beechworth delivered the Annual University of delivered a speech at the Royal Victorian Eye Human Rights and Statutory Interpretation” Enhancement Fund. On the same day Historic District, at the Beechworth Melbourne Chancellor’s Human Rights and Ear Hospital which was attended to the Victorian Bar. Justice Pagone also hosted the Premier of Court House. Justice Lasry spoke Lecture. by staff of the hospital including the Victoria and the Minister Assisting the about the differences between Professor of Ophthalmology and the • On 10 March 2009 Justice Lasry gave Justice kyrou Premier of Multicultural Affairs, The criminal justice in Victoria in 2008 Head of Anaesthetics. the keynote address at the African Honourable James Merlino at Co.As.It. and criminal justice in the days of Sir • On 28 April 2009 Justice Kyrou Think Tank Inc. Forum on “Maximising conducted a tour of Courts 1 and 5 for • On 3 June 2009 Justice Pagone hosted • On 24 February 2009, Justice Robson Redmond Barry (the presiding judge in the Potential of African Youth: A Community a group of international students studying the lecture on “Early Neutral Evaluation hosted a visit to the Court by two Japanese the Ned Kelly case) in the 1880s. Model to Bolster Health and Legal Support” at Monash University. – exploring alternatives to mediation judges, (Judge Yoshimitsu Kawai, Head of ” • On 22 August 2008 Justice Lasry at Victoria University. the Okinawa Branch, Naha District Family given by Professor Camille Cameron delivered the after dinner speech to the • On 1 May 2009 Justice Kyrou attended Court; and Judge Atsushi Shiraishi, Assistant • On 27 and 28 March 2009 Justice in the Old High Court Library. Royal Victorian Honorary Justices Annual the JCV Oral Judgments Course. Justices Cummins, Smith, Hansen, Judge Tokyo District Court) at the request Lasry spoke at the Queensland Law Dinner. Justice Davies Habersberger, Whelan, Curtain, Robson, of the Asian Law Centre of Melbourne Society symposium on “Challenges” and Judd, Vickery, Kyrou, and Davies and University. • On 10 September 2008 Justice Lasry “Challenges for Access to Justice and Civil • On 4 May 2009 Justice Davies Associate Justices Landsdowne, Kings, gave an address to the Monash Law Rights”. presented to the Bar Readers on “The Justice Forrest School Ambassadors Program. Efthim and Gardiner also attended. • On 25 March 2009 Justice Lasry Advocates’ Duty to the Court” at the • On 18 June 2009 Justices Forrest • On 22 September 2008 Justice attended the JCV Oral Decisions Victorian Bar. • On 10 June 2009 Justice Pagone and Davies and Associate Justice attended the Monash University Lasry spoke at an event presented by meeting. • On 12 May 2009 Justice Davies Daly presided at the Hanover/LIV Moot Future Leaders in partnership with Distinguished Alumni Awards at Federation • On 25 March 2009 Justice Lasry attended a lecture by Madame Louise Competition. the City of Melbourne’s Melbourne Square, Melbourne. delivered a speech at the Monash University Otis on “Judicial Mediation: When judges Conversations program. The theme of prize-giving ceremony. act as mediators for the benefit of citizens and the event was “Democracy: Do We Have lawyers” at Monash University. It? An exploration of democracy and • On 27 and 28 March 2009 Justice • On 15 May 2009 Justice Davies met what it means locally, nationally and Lasry delivered a speech and with Madame Louise Otis to discuss internationally.” participated in a panel presentation at the Queensland Law Symposium. judge-led mediation. • On 21 May 2009 Justice Davies attended the JCV “Human Rights Charter Overview Workshop”.

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Justice Beach • On 5 November 2008 Associate Justice • On 30 March 2009 Justice Beach Efthim delivered two presentations to attended the Civil Justice Council (UK) the Bar Readers Course on “Mediation” Forum. and on “Tips for Appearing in the Masters Court”. Associate Justice Evans • On 26 February 2009 Associate • On 4 August 2008 Associate Justice Justice Efthim attended the “Drafting Evans chaired a meeting of the Probate Users’ Pleadings Workshop” at the Leo Cussen Committee. Institute. Associate Justice kings Associate Justice Wood • From 28 August to 31 August 2008 • On 1 August 2008, Associate Justice Associate Justices Kings, Wood and Wood gave a presentation to Victoria Daly attended the Bond University Advanced University students, completing Mediation Course. their Diploma in Court Services on Mediation. Associate Justice Efthim • On 16 June 2008 Associate Justice • On 17 September 2008, Associate Efthim attended a seminar on “Duties Justice Wood served as a coach for and Powers of Judges and Masters” at the Monash University Masters students Leo Cussen Institute. undertaking their first attempt as mediators through simulated • On 12 August 2008 Associate exercises. Justice Efthim delivered a speech on “insolvency law” with Oren Bigon at the • On 31 March 2009, Associate Justice LLM Post Graduate Program. Wood attended the Anglo-Australian Lawyers Society (Victorian Branch) • On 1 September 2008 Associate Justice breakfast on where Lord Justice Efthim presented to the Certified Jackson spoke on “The Master of the Practising Accountants Insolvency Rolls’ Civil Costs Review”. Discussion Group, at Dibbs Abbott Stillman. Design: Mackay Branson design Photography: Michael McGarvie Supreme Court of Victoria 210 William Street Melbourne VIC 3000 Telephone 03 9603 6111 www.supremecourt.vic.gov.au