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Annual Review 2010 & 2011

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Annual Review 2010 & 2011 ANNUAL REVIEW 2010 & 2011 Supreme Court of New South Wales CONTENTS Foreword by Chief Justice of NSW 1 1 2010 & 2011: An Overview 2 • Retirement of the Hon. J J Spigelman, AC, from the office of Chief Justice of NSW 3 • Appointment of the Hon. T F Bathurst as the 17th Chief Justice of NSW 3 • Refurbishment of the Law Courts Building in Queens Square 4 • Court operations 4 • Education and public information 5 • Consultation with Court users 5 2 Court Profile 6 • The Court’s jurisdiction and Divisions 7 • Who makes the decisions? 11 - The Judges 11 - Appointments and retirements 14 - The Associate Judges 15 - The Registrars 15 • Supporting the Court: the Registry 17 3 Caseflow Management 18 • Introduction 19 • Overview by jurisdiction 19 • Regional sittings of the Court 25 • Alternative dispute resolution 26 4 Court Operations 27 • Overview of operations by jurisdiction 28 • Timeliness 33 - Time standards 33 - Listing delays 34 • Use of Alternative Dispute Resolution 35 5 Education and public information 36 • Judicial officer education 37 • Public education programme 41 • The role of the Public Information Officer 41 6 Other Aspects of the Court’s work 43 • Uniform Civil Procedure Rules 44 • JusticeLink and Electronic Services 44 • Law Courts Library 45 • Admission to the Legal Profession and appointment of Public Notaries 45 • Admission under the Mutual Recognition Acts 51 • Administration of the Costs Assessment Scheme 51 • Pro Bono Scheme 52 • Judicial Assistance Program 52 7 Appendices 53 • i. Court statistics – comprehensive table of statistics 54 • ii. The Court’s Committees and User Groups 64 • iii. Other judicial activity: Conferences, Speaking Engagements, Publications, 72 Appointments to Legal and Cultural Organisations, Delegations and International Assistance, and Commissions in Overseas Courts FOREWORD BY CHIEF JUSTICE OF NSW This overview contains a summary of the principal litigants to come to Court, or where evidence can be activities of the Court in 2010 and 2011 and the taken without the need for physical attendance. I manner in which it seeks to fulfil its obligations as am also pleased that the Government has indicated the superior court in New South Wales. that the recent increase in filing fees will be utilised to improve and expand the electronic filing system The Review is, of course, an overview and only of the Court and maintain the present level of judicial gives the broadest indication of the breadth and staff. Both these matters are essential as the Court complexity of the work undertaken by the judiciary, moves into the 21st Century. their commitment to their judicial responsibilities and the commitment of the registry and its staff As the Review points out, the Court has an ongoing in seeking to assure that the Court fulfils its role commitment to the use of alternative dispute providing access to justice to the people of resolution. The use of alternative dispute resolution New South Wales. As the Review states, I was procedures, particularly mediation, is encouraged in appointed to the office of Chief Justice in June all jurisdictions of the Court and commonly required 2011. One matter which immediately struck me to be undertaken prior to the hearing. In that was the dedication and energy which all judges regard, one of the notable successes of the Court and registry staff apply to the work which they are has been the court mediation process in which, as required to undertake. the Review points out, over 50 percent of cases dealt with by it settle without the necessity of a The Court cannot function without adequate contested hearing. physical or technological facilities or without an adequate number of judicial officers to enable it to Can I express my appreciation to all those people perform its tasks. The refurbishment of the Law involved in the operation of the Court and trust that Courts Building which is ongoing will ensure that this Review will provide an informative insight into the Court will have adequate physical facilities in the work which they undertake. the coming years. The technological advances in the courtrooms themselves will contribute to the increasing efficiency of the Courts in dealing with cases involving interstate or international transactions or cases, or hearings where it is unnecessary or inappropriate for solicitors or The Hon TF Bathurst Chief Justice of NSW 1 1 2010 & 2011: AN OVERVIEW • Retirement of the Hon. J J Spigelman, AC, from the office of Chief Justice of New South Wales • Appointment of the Hon. T F Bathurst as the 17th Chief Justice of New South Wales • Refurbishment of the Law Courts Building in Queens Square • Court operations • Education and public information • Consultation with Court users 2 Retirement of the Hon. J J Spigelman, AC, Appointment of the Hon. T F Bathurst as the from the office of Chief Justice of New South 17th Chief Justice of New South Wales Wales On 1 June 2011, Thomas Frederick Bathurst, On 31 May 2011, the Hon. James Jacob QC was sworn in as the 17th Chief Justice of Spigelman, AC retired as the 16th Chief Justice of New South Wales. Prior to his appointment, Chief New South Wales. The Hon. Mr Spigelman retired Justice Bathurst was formerly President of the 6 days after completing 13 years’ service in the NSW Bar Association, had previously held the office, having been sworn in on 25 May 1998. office of President of the Australia Bar Association, When announcing his resignation, his Honour and practised extensively throughout Australia as cited reduced court delays, the implementation of a commercial lawyer, particularly in the areas of innovative case management practices, increased banking, insurance, property, trade practices and use of technology, and the significant investment in competition law. On the occasion of his Honour’s the refurbishment of the Court’s principal premises, swearing in, Chief Justice Bathurst acknowledged the Law Courts Building, as administrative highlights the potentially invaluable role that the increased of his time in office. Upon the occasion of his application of technology and alternative dispute retirement, his Honour addressed some of the resolution in modern litigation. His Honour also judicial initiatives he personally instigated, including spoke to the important role the media can play in reinforcing traditional ties with the United Kingdom’s ensuring the public remains engaged with the Court judiciary, and increasing interaction between the and the judiciary. Supreme Court of New South Wales and members of the judiciary in the Asia-Pacific region, particularly, the People’s Republic of China. Photographs from the Ceremony marking the retirement of Chief Justice T F Bathurst in full ceremonial robes on the occasion the Hon. J J Spigelman, AC © Gillian Tedder Photography P/L of his Honour’s Swearing In © Gillian Tedder Photography P/L 3 Refurbishment of the Law Courts Building in required for a sentence-only appeal, fewer cases Queens Square could be listed within the available hearing time. Significant progress on the staged refurbishment With respect to the Court’s first instance criminal of the Law Courts Limited Building was made in cases, the number of defendants entered into the 2010 and 2011. By the end of 2011, 24 out of 32 Criminal List was 30 per cent higher at the end of courtrooms had been renovated, and work had 2011 than at the end of 2009. Furthermore, the already commenced on the remaining courtrooms average estimated hearing length of trials increased on Levels 10 and 13. throughout the two-year period, as did the number of guilty pleas taken after the Court had set a trial In October 2010, renovated courtrooms on Levels 7 date (36 pleas were taken after arraignment in 2010, and 12 were officially opened. With the re-opening and 29 were taken in 2011; in 2009, the figure was 22). of Level 12, the Court gained access to a new President’s Court and a large appeals court, Court In terms of the Court’s first instance civil 12D, which is capable of accommodating five jurisdiction, the implementation of a new case judges at the bench, 38 legal practitioners at the management system, JusticeLink, at the end of bar table and 30 – 40 people in the public gallery. 2009 necessitated a complete re-design of the Court 12D is also compatible with E-Court, a service reports used to monitor and analyse the Court’s that enables practitioners at the bar table to view caseload. The development of new reports has real-time transcripts of proceedings on their laptop been a particularly challenging undertaking as the computers. On Level 7, improvements were made variety of data captured in JusticeLink, and the to modernise the courtrooms and acoustics. manner in which that data is stored, is fundamentally different to the system it replaced, and significantly Less than a year later, in September 2011, more complex. Considerable progress towards the renovated courtrooms on Levels 8 and 11 the development of detailed operational reports were officially opened. All 10 of the refurbished was made in 2011, which has allowed the Court to courtrooms on Level 8 and 11 have in-court extract crucial caseload statistics from JusticeLink technology installed, with most now also equipped that have been reproduced in this Review. with high definition audio-visual technology capable of transmitting will improved recorded evidence However, the unavailability for the past two years and remote witness testimony. The civil jury of an operational report from which the Court courtroom on Level 10 was specifically designed could identify inactive cases eligible for closure to accommodate, for the first time, a jury member of its own motion under provisions in the Uniform requiring access to the jury box and deliberation Civil Procedure Rules 2005 has resulted in an room by wheelchair.
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