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Judges' Annual Report Supreme Court of Victoria 2002–04 Annual Report SUPREME COURT OF VICTORIA 2002–04 JUDGES’ ANNUAL REPORT CONTENTS LETTER TO THE GOVERNOR Court Profile 1 To His Excellency Year at a Glance 2 The Honourable John Landy, AC, MBE Report of the Chief Justice 3 Governor of the State of Victoria and its Chief Executive Officer’s Review 7 Dependencies in the Commonwealth of Australia Court of Appeal 10 Dear Governor Trial Division: Civil 13 We, the Judges of the Supreme Court of Victoria have the honour to present our Annual Report Trial Division: Commercial and Equity 18 pursuant to the provisions of the Supreme Court Act 1986 with respect to the financial years of Trial Division: Common Law 22 1 July 2002 to 30 June 2003 and 1 July 2003 to 30 June 2004, including a transitional 18-month Trial Division: Criminal 24 Judges’ Report, reflecting the change in reporting period from calendar year to financial year. Masters 26 Funds in Court 29 Court Governance 31 Yours sincerely Judicial Organisational Chart 33 Judicial Administration 34 Court Management 36 Service Delivery 37 The Victorian Jury System 40 Marilyn L Warren The Court’s People 42 Chief Justice of Victoria Community Access 43 10 May 2005 Finance Report 2002–03 and 2003–04 45 Senior Master’s Special Purpose Financial Report for the John Winneke, P P D Cummins, J D J Habersberger, J Year Ended 30 June 2003 50 W F Ormiston, J A T H Smith, J R S Osborn, J Senior Master’s Special Purpose Stephen Charles, J A David Ashley, J J A Dodds-Streeton, J Financial Report for the F H Callaway, J A John Coldrey, J R F Redlich, J Year Ended 30 June 2004 63 J M Batt, J A David Byrne, J K M Williams, J Appendices Peter Buchanan, J A D L Harper, J Stuart Morris, J Names of Judges and Masters 79 Alex Chernov, J A H R Hansen, J S Kaye, J Supreme Court Registries 80 F H R Vincent, J A Philip Mandie, J S Whelan, J Committee Activities 81 G M Eames, J A E W Gillard, J E Hollingworth, J Glossary of Terms 82 G A A Nettle, J A Murray B Kellam, J Freedom of Information and Website 84 Bernard G Teague, J Bernard D Bongiorno, J COURT PROFILE ABOUT THE COURT Constitutionally, the Supreme Court of Victoria (the Court) is the superior court in the State of Victoria. It is equal in status to, but independent of, the Legislature and the Executive Government. For practical purposes, it has unlimited jurisdiction in both civil and criminal proceedings. The Court is constituted by 32 Judges, two active Reserve Judges and seven Masters. It operates in two statutory divisions – the Court of Appeal and the Trial Division – supported by 188 administrative staff. COURT STRUCTURE The Court is divided into the Court of Appeal and the Trial Division. The Court of Appeal was established under the Constitution (Court of Appeal) Act 1994 and proclaimed to commence on 7 June 1995. The Court of Appeal is a Division of the Supreme Court ands comprises the Chief Justice, the President and nine Judges of Appeal, plus any additional Judges of Appeal appointed or acting under section 80B of the Constitution Act 1975. 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 appeals from proceedings that have come before the Victorian Civil and Administrative Tribunal (VCAT) and other tribunals. Court procedure is governed by Acts of Parliament, Rules of Court and Practice Statements. Some Appeals require Leave of a Judge or Leave of the Court of Appeal before a Notice of Appeal can be filed. The Trial Division comprises the Chief Justice and 21 Trial Judges. Masters assist the Judges in discharging the Civil work of the Trial Division. The Trial Division is divided into three divisions: • Commercial and Equity Division • Common Law Division • Criminal Division When each case commences, it is placed into one of these divisions. A Principal Judge heads each division and manages the work of the division in addition to his or her judicial duties. 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 complex and significant legal issues; • civil cases involving large claims, generally exceeding $200,000; • some appeals and reviews of decisions of subordinate courts and tribunals; and • various other cases, such as applications for bail, winding up of companies, probate business and urgent applications for injunctions. Supreme Court of Victoria 2002–04 Judges’ Annual Report 1 YEAR AT A GLANCE Six months to • NEW CHIEF Item 2003–04 30 June 2003 JUSTICE Court of Appeal • Criminal Appeals Filed 362 180 • Civil Appeals Filed 166 54 • NEW CHIEF Trial Division: Civil EXECUTIVE • Proceedings Filed (Melbourne) 6,041 2,549 OFFICER • Proceedings Filed (Regional Registries) 188 54 General Trial List: Melbourne • Proceedings Entered or Reinstated 573 261 • ANNOUNCED A • Proceedings Finalised 528 239 CHANGE IN • Proceedings Pending 488 463 Long Cases List REPORTING • Proceedings Entered or Reinstated 33 13 PERIOD • Proceedings Finalised 29 12 • Proceedings Pending 56 53 All Regional Courts • DEVELOPED AND • Cases Entered 14 10 IMPLEMENTED • Cases Finalised 32 8 • Cases Pending 5 23 STATEWIDE THE Trial Division: Commercial and Equity Division JURY Corporations List INFORMATION • Proceedings Entered 1,265 550 MANAGEMENT • Proceedings Finalised 1,225 521 • Proceedings Pending 252 212 SYSTEM (JIMS) Commercial List TO IMPROVE THE • Proceedings Entered 125 50 • Proceedings Finalised 88 30 ADMINISTRATIVE • Proceedings Pending 88 60 PROCESSES Building Cases List ASSOCIATED • Proceedings Entered 11 15 • Proceedings Finalised 4 14 WITH JURY • Proceedings Pending 42 36 MANAGEMENT Admiralty List • Proceedings Entered 1 5 • Proceedings Finalised 2 3 • RE-LAUNCHED • Proceedings Pending 6 7 THE COURT’S Intellectual Property List WEBSITE WITH • Proceedings Entered 5 5 • Proceedings Finalised 8 - SUBSTANTIALLY • Proceedings Pending 6 9 INCREASED Victorian Taxation Appeals List • Proceedings Entered 28 3 AND UPDATED • Proceedings Finalised 10 3 INFORMATION • Proceedings Pending 27 9 Trial Division: Common Law Division • CIVIL CASES Major Torts List • Proceedings Entered 51 290 LODGED WITH THE • Proceedings Finalised or Referred to Listing Master 47 85 COURT INCREASED • Proceedings Pending 637 633 Valuation, Compensation and Planning List BY 17.6% • Proceedings Entered 19 9 • Proceedings Finalised or Referred to Listing Master 7 5 • Proceedings Pending 24 12 Trial Division: Criminal • Criminal Trials (Melbourne) 95 45 • Criminal Trials (Circuit) 9 6 • Criminal Applications Filed 214 104 Note: For the first time, this Annual Report presents statistics in a financial year format. Comparisons with previous financial years will be presented in future Annual Reports. 2 Supreme Court of Victoria 2002–04 Judges’ Annual Report Chief Justice of Victoria Marilyn Warren. REPORT OF THE CHIEF JUSTICE OVERVIEW The Australian Bureau of Statistics (ABS) has also declared the Victorian Supreme and County courts as the nation’s best performers in clearing criminal This annual report is my first as Chief Justice. cases – despite the 15 per cent increase in the lodgement of civil matters. Due to the shift in the reporting period from the calendar year to the financial Notwithstanding these increased workloads, the Productivity Commission revealed year-end, it covers the 18-month period from 1 January 2003 to 30 June 2004. That that the Supreme Court managed to clear a far higher proportion of its pending time was an extraordinarily busy one for the Court, and I thank all judges, masters cases in 2003-2004 compared with the previous year, up from 67.5 per cent to 83.9 and judicial staff who helped make it such a success. per cent. However, the workload of the Court and its capacity to manage will require There is still, however, a great deal of work to be done. Programs and strate- constant review. gies implemented for the future of the Supreme Court during this period are ongo- ing. These include the upgrading of technology services to fit the Court’s 21st cen- THE COURT AND THE tury needs and the return of high-profile, complex litigation in both the criminal COMMUNITY and civil jurisdictions. We all continue to work hard at improving not only the reputation of the FAREWELL TO THE HON. THE Supreme Court but also at increasing the public’s understanding of the judiciary. CHIEF JUSTICE JOHN H. The Supreme Court website, www.supremecourt.vic.gov.au, is designed PHILLIPS to disseminate a broad range of information, from particulars on jury service to detailed court listings. It is updated on a daily basis. The Court maintains an active On 17 October 2003, the Supreme Court farewelled the previous Chief Justice, system of consulting its users to make sure that it adheres to the principles of "best the Honourable John Harber Phillips, AC, after 12 years of dedicated and distin- practice". guished work in that role and a total of 18 years as a member of the Court. We wish Speeches given by Supreme Court judges are posted up to the website soon him all the very best for the future. after their delivery to public forums and can be accessed on the website under The Honourable Justice John Winneke AC, RFD, President of the Court of "Publications/speeches". Appeal, filled in as acting Chief Justice from 25 October 2003 for the one month up As well, judges of this Court often participate in extra-curricular honorary until my official appointment on 25 November 2003. I would like to personally community activities, including holding senior university positions, providing thank Justice Winneke for stepping in at this crucial time.
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