NCF - a Powerpoint presentation (ppt - 201 kb)

Slide 1
The National Court Framework
Context & Background
Slide 2
• International recognition of Australia’s firstclass 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
Slide 3
National Court Framework - Reform
• Consistency of national practice.
• High cost and expensive litigation: a world-wide
and regional problem.
Slide 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
Slide 5
National Court Structure
Slide 6
National Practice Areas
The national practice areas are:
Administrative, Constitutional and human rights
Native title
Commercial and Corporations
Intellectual property
Employment and Industrial relations
Admiralty and maritime
Criminal cartel trials
Slide 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 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 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 10
National Court Framework –
Case Management
A case management approach based on the following
Simplified practice and procedure: early scheduling conference,
enhanced facilitation of ADR, limited discovery and evidence
Where possible, trial fixed within 6 months of the scheduling
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 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 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 2015.
Slide 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

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