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Supreme Court of New South Wales ISSN 1321-4586, Sydney 2005 CONTENTS

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Supreme Court of New South Wales ISSN 1321-4586, Sydney 2005 CONTENTS ANNUAL REVIEW 2004 Supreme Court of New South Wales ISSN 1321-4586, Sydney 2005 CONTENTS FOREWORD BY CHIEF JUSTICE OF NSW 2 1 2004: AN OVERVIEW • Notable judgments 4 • Court operations 4 • Education and Public Information 4 • CourtLink and Uniform Civil Procedures legislation update 4 • Consultation with Court users 4 • Other judicial activities 4 2 COURT PROFILE • The Court’s jurisdiction and Divisions 6 • Who makes the decisions: the Judges, 10 Masters and Registrars - The Judges 10 - Appointments, Retirements and Resignations 12 - The Masters 12 - The Registrars 12 • Supporting the Court: the Registry 14 3 CASEFLOW MANAGEMENT • Overview by jurisdiction 16 • Regional sittings of the Court 21 • Alternative dispute resolution 22 4 COURT OPERATIONS • Time standards 24 • Overview of operations by jurisdiction 24 5 EDUCATION & PUBLIC INFORMATION • The Supreme Court of NSW Annual Conference 28 • Judicial officer education initiatives 28 • The role of the Public Information Officer 29 • Pro Bono Scheme 29 • The Court’s public education programme 29 6 OTHER ASPECTS OF THE COURT’S WORK • CourtLink 31 • Law Courts Library 31 • Admission to the Legal Profession and appointment of Public Notaries 32 • Admission under the Mutual Recognition Acts 34 • Administration of the Costs Assessment Scheme 34 7 APPENDICES i. Notable judgments - summaries of decisions 36 ii. Court statistics - comprehensive table of statistics 53 iii. The Court’s Committees and User Groups 58 iv. Other judicial activity: Conferences, Speaking 64 Engagements, Publications, Membership of Legal and Cultural Organisations, Delegations and International Assistance, and Commissions in Overseas Courts 1 FOREWORD BY CHIEF JUSTICE OF NSW This Review provides information of the Court’s The full detail of the court’s contribution exists stewardship of the resources made available to it. in the volume of documentation produced - The primary measure of the Court’s activity must encompassing tens of thousands of pages be qualitative: fidelity to the law and fairness of its of judgments and hundreds of thousands of processes and outcomes. This Review sets out in pages of transcript. The bald figures of filings, short summary a few of the cases decided in the disposals and pending caseload upon which year 2004. They are a small sample of the 2,000 this Review reports cannot reflect the richness or so separate substantive judgments delivered by that is contained in the considerable volume the 51 judicial officers of the Court. of documentation which the court’s judicial officers and registrars generated in the course of the year. The Review also contains information of a quantitative kind relevant to the efficiency with Nevertheless, some indication of the contribution which the Court deals with its caseload and the made by the court and the effectiveness and speed with which litigants have their disputes efficiency of its procedures can be gleaned from resolved. the Review. I am quite confident that during 2004 the Court operated at as high a level as it has The judicial officers and the staff of the Court take ever done. a collective pride in the substantial contribution which the Court makes to social stability and the economic prosperity of this State. Without the rule J J Spigelman AC of law, administered by judges with a high level of independence, impartiality and integrity neither personal freedom nor economic progress would be possible. Participants in the legal system, both judges and practitioners, are well aware that its efficacy depends on the high level of trust that the public has in the operations of the courts. Public confidence in the administration of justice cannot be taken for granted. It is a trust which must be continually earned so public confidence can be continually replenished. The manner in which that trust has been earned during the course of this year has depended on the participation by members of the public in the entire process of the administration of justice, whether as parties, witnesses, or jurors. That participation cannot be adequately reflected in a Review of this character. 2 1 2004: AN OVERVIEW • Notable judgments • Court operations • Education and Public Information • CourtLink and Uniform Civil Procedures legislation update • Consultation with Court users • Other judicial activities Notable judgments CourtLink and uniform civil procedures During 2004, the Court of Appeal handed down legislation update 478 judgments, and the Court of Criminal Appeal The CourtLink system is a significant development delivered 475. At first instance, a total of 1,288 for the Court. The NSW Attorney General’s judgments related to the Court’s criminal and civil Department is managing the project in close trial work. Some judgments were particularly consultation with the Court’s Judges and staff to notable, either for their contribution in developing ensure that CourtLink delivers improved services the law, their factual complexity, or the level to Court users. A single system – CourtLink – with of public interest they generated. Summaries linked databases for each NSW Court of a selection of these judgments appear in jurisdiction, will mean greater ease of access for Appendix (i) to this Review. Court users. Implementation of CourtLink will enable time standards to be adopted for all of the Court operations Court’s work. The Attorney General’s Department The avoidance of excessive delay remains a also worked closely with the Court during priority for the Court. The Court’s efficiency was 2004 in drafting legislation designed to increase subject to some media and public scrutiny in cross-jurisdictional uniform civil processes. 2004. In most areas of its work, the Court has Further details about the Court’s involvement in either been able to consolidate upon gains the CourtLink and uniform civil procedures achieved in recent years, or at least maintain its projects during 2004 can be found in the chapter position. However, some areas could not realise Other aspects of the Court’s work. their expected outcomes during 2004 or improve upon their achievements in 2003. The Court Consultation with Court users operations chapter outlines the specific time In 2003 the Court continued to work closely standards set by the Court, and provides with Court users through a number of different detailed analysis of the results achieved in processes. Registry managers and staff met each jurisdiction. This chapter should be read in regularly with different groups of Court users and conjunction with Appendix (ii) which contains also attended meetings with the legal profession comprehensive statistical data regarding the and justice agencies. A number of Court Court’s caseload during 2004. committees seek to improve the Court’s systems and procedures to give effect to suggestions Education and public information made by Court users. A list of the Court’s The Court organised several conferences and Committees and User Groups forms Appendix (iii) seminars during the year for its judicial officers to this Review. that aimed to enhance awareness of recent developments in the administration of justice Other judicial activities domestically and abroad. The Public Information The Judges of the Court participate in a wide Officer provides reliable information about range of activities other than the administration of contentious issues or proceedings before the justice, including judicial education, speeches and Court to the media and thus the community. the publication of articles and books (generally In addition, regular court talks delivered by on legal matters), and involvement in a wide range Registrars provide student and community groups of community organisations. The practices, with a unique insight into the work of the Court procedures, structures and systems of NSW and its place in the State’s legal system. The new courts are of interest to court officials in other chapter Education and public information details countries, especially those in the Asia-Pacific the Court’s judicial education and public region. The Court’s Judges are committed to information programme during 2004. providing appropriate assistance within the region, as evidenced by the delegations hosted by the Court and the international work undertaken by the Court’s Judges. Such other judicial activity is set out in Appendix (iv). 4 2 COURT PROFILE • The Court’s jurisdiction and Divisions • Who makes the decisions: the Judges, Masters and Registrars • Supporting the Court: the Registry THE COURT’S JURISDICTION AND DIVISIONS The Supreme Court of New South Wales: Court of Appeal our place in the court system The Court of Appeal is responsible for hearing The court system in New South Wales is appeals in civil matters against the decisions of the structured on a hierarchical basis. The Supreme judicial officers of the Supreme Court, other courts, Court is the superior court of record in New South commissions and tribunals within the State, as Wales and, as such, has an inherent jurisdiction prescribed in the Supreme Court Act 1970. in addition to its specific statutory jurisdiction. The Supreme Court has appellate and trial Court of Criminal Appeal jurisdictions. The appellate courts are the: The Court of Criminal Appeal hears appeals from • Court of Appeal, and criminal proceedings in the Supreme Court, the • Court of Criminal Appeal. Land and Environment Court, the District Court and the Drug Court, challenging convictions or The work of the first instance criminal and civil sentences imposed upon indictment, or in the jurisdictions, is divided between two Divisions: trial court’s summary jurisdiction. Appeals from • Common Law Division, and committal proceedings in the Local Court may • Equity Division. also be heard in certain circumstances. Sittings of the Court of Criminal Appeal are This structure facilitates the convenient despatch organised on a roster basis whilst taking into of business in accordance with the provisions account the regular judicial duties and under section 38 of the Supreme Court Act 1970. commitments of the Judges who form the Court’s Section 23 of the Supreme Court Act 1970 bench.
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