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Slide 1 The National Court Framework.. Context & Background International recognition of Australia’s first- class legal profession and judiciary. Securing.

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Presentation on theme: "Slide 1 The National Court Framework.. Context & Background International recognition of Australia’s first- class legal profession and judiciary. Securing."— Presentation transcript:

1 Slide 1 The National Court Framework.

2 Context & Background International recognition of Australia’s first- class legal profession and judiciary. Securing Australia’s place in the regional system of justice. Regional, economic, commercial and societal developments be matched by optimal regional court structures and procedures. Societal need for efficient and just resolution of disputes. Slide 2

3 National Court Framework - Reform Consistency of national practice. High cost and expensive litigation: a world-wide and regional problem. Slide 3

4 National Court Framework - Principles The Federal Court is a National Court, within a national and international commercial framework. Recognition that parties require efficient and skilled Court processes with as few delays as possible. Character of the matter (e.g. nature, urgency or complexity) will influence its allocation. The reforms are about skilled practice areas and the efficient and appropriate utilisation of judicial expertise. Slide 4

5 National Court Structure Slide 5

6 National Practice Areas The national practice areas are: 1.Administrative, Constitutional and human rights 2.Native title 3.Commercial and Corporations 4.Taxation 5.Intellectual property 6.Employment and Industrial relations 7.Admiralty and maritime 8.Criminal cartel trials Slide 6

7 National Practice Sub-Areas The national practice sub-areas are: Intellectual Property Patents and associated statutes Trademarks Copyright and industrial design Commercial and Corporations Commercial Contracts, Banking, Finance and Insurance Corporations and Corporate Insolvency General and Personal Insolvency Regulator and Consumer Protection Economic Regulator, Competition and Access International Commercial Arbitration Slide 7

8 National Court Framework - Objectives Whole of the Court’s work organised and managed nationally by reference to the great subject matter areas of the Court’s work. Develop the confidence of the profession and the community, including in areas requiring a degree of specialised skill and knowledge. Organise Court resources to meet the demands of a broad range of work in the Commercial and Corporations area. Broaden the base of judicial knowledge and experience in the Court. Slide 8

9 National Court Framework - Features National operations registrar position created - responsible for:  Conducting allocation and reallocation of matters with senior judges of the Court and the Chief Justice.  overall management of workload of judges. New simplified practice notes – reflecting the national practice areas. These will be driven by a central practice note which offers guidance to parties, the profession and the judges about critical aspects of practice. Managed docket system to support judges and facilitate timely judgment delivery, with allocation principles taking account of:  Workload management  Practice area expertise  Character of the matter Slide 9

10 National Court Framework – Case Management A case management approach based on the following principles:  Simplified practice and procedure: early scheduling conference, enhanced facilitation of ADR, limited discovery and evidence processes.  Where possible, trial fixed within 6 months of the scheduling conference.  Judgment delivered within approximately 3-6 months of trial. The Court to keep parties informed of expected date of delivery if beyond 6 months.  The encouragement of lump-sum or apportioned costs orders at time of judgment (or streamlined taxation process with ADR). Slide 10

11 National Court Framework - Summary Summary of key features and reforms: Skilled National Practice Areas, with, where necessary specialised Judges (including appeals). Case Management process – (including appeals), flexible and efficient, with scheduling conference, efficient timetable and use of skilled Registrars (including ADR). Clearer and better defined practice through a Central Practice Note and additional Practice Notes in each national practice area. Slide 11

12 National Court Framework – Next Steps Further consultation with judges of the Court and the profession across Australia. Drafting of practice notes and other material. Implementation of the National Commercial Court – within the coming months. Implementation of remaining 7 “National Courts” - early Slide 12

13 National Court Framework – Aim The aim is to organise all the Court’s work along practice area lines, in order to foster: an understanding of the work of the Court and its current jurisprudence consistent national practice deep and effective judicial education strong connection with the profession the development of the skills and practice areas of the judges Slide 13


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