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<strong>County</strong> <strong>Court</strong> of Victoria<br />

Moving Ahead<br />

2006–07<br />

Annual Report


Vision, Objectives and Values<br />

This Annual<br />

Report informs<br />

the community<br />

of the <strong>County</strong><br />

<strong>Court</strong> of<br />

Victoria’s<br />

achievements<br />

in 2006-07<br />

The <strong>County</strong> <strong>Court</strong> of Victoria (the <strong>Court</strong>) represents<br />

the intermediate tier of the state’s court hierarchy.<br />

It is the largest trial court in the state of Victoria.<br />

Our Vision<br />

Our Vision is to be a leader in providing a high<br />

quality, accessible and effi cient court system which<br />

ensures justice for all at least cost to court users<br />

and the community.<br />

Our Objectives<br />

The <strong>Court</strong>’s three main objectives as stated in the<br />

<strong>Court</strong>’s Strategic Plan are to:<br />

• maintain a high level of community confi dence<br />

in the <strong>Court</strong><br />

• improve access to justice services<br />

• ensure timely disposal of matters in the <strong>Court</strong><br />

We embrace these objectives mindful of our<br />

strategic priorities to:<br />

• maintain judicial independence<br />

• achieve a strategic vision for the <strong>Court</strong><br />

• promote organisational excellence through<br />

procedural reform<br />

• recognise that our people are important<br />

Our Values<br />

Upon appointment, Judges take an oath of offi ce<br />

to do equal justice to all persons, to discharge the<br />

duties of offi ce according to the law and to act at<br />

all times to the best of their abilities without fear,<br />

favour or affection.<br />

<strong>Court</strong> staff support the Judges in working to<br />

achieve the <strong>Court</strong>’s objectives, while conducting<br />

themselves in accordance with the values and<br />

code of conduct of the Department of Justice.<br />

<strong>Court</strong> staff are committed to being:<br />

• responsive in providing high quality services<br />

• honest, open and transparent<br />

• impartial in decisions and advice<br />

• accountable for decisions and actions<br />

• respectful to others<br />

Staff members commit to serving the judiciary,<br />

the justice system and court users by:<br />

• contributing to the implementation of<br />

improvements to court processes<br />

• maintaining and enhancing currency and<br />

relevance of their work skills<br />

• ensuring they achieve their performance<br />

objectives as <strong>Court</strong> staff members<br />

The work of the <strong>County</strong> <strong>Court</strong> of Victoria is carried out in this impressive building located at<br />

250 William Street Melbourne and at 13 regional courts within the state of Victoria.<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Contents<br />

Year at a Glance 2<br />

Report of the Chief Judge 3<br />

CEO’s message 4<br />

Working with the Community 5<br />

Criminal Jurisdiction 6<br />

Civil Jurisdiction 8<br />

<strong>Court</strong> Governance 10<br />

Service Delivery and<br />

Sharing our Facilities 16<br />

Judges of the <strong>Court</strong> 18<br />

<strong>Court</strong> Links with External<br />

Organisations 19<br />

Operating Statement<br />

and Financial Summary 20<br />

Moving Ahead 21<br />

The Annual<br />

Report should<br />

be read in<br />

conjunction<br />

with information<br />

available on our<br />

website<br />

Supporting the Judges of the <strong>Court</strong> 12<br />

Judicial Professional Development 14<br />

Members of the legal profession, their clients, court staff and community members move through the publc areas of<br />

the court to attend hearings in any of the 46 court rooms.<br />

www.countycourt.vic.gov.au 1


Year at a Glance<br />

Our Role<br />

Finalised 9433 civil<br />

and criminal cases<br />

Conducted reviews<br />

of criminal and civil<br />

jurisdictions (page 6)<br />

Commenced unlimited<br />

civil jurisdiction (page 8)<br />

Our People<br />

Trained Associates in<br />

criminal orders data entry<br />

(pages 13 and 17)<br />

Recognised for<br />

technology development<br />

at the <strong>Court</strong>s Division<br />

Justice Awards ceremony<br />

(page 13)<br />

Maintained our standing<br />

in the Employee Attitude<br />

Survey (page 13)<br />

Our Facilities<br />

Participated in Smart<br />

<strong>Court</strong>s program providing<br />

upgraded technology<br />

facilities in several court<br />

rooms (page 17)<br />

Converted several civil<br />

courts for use as criminal<br />

courts (page 17)<br />

2006/07 2005/06 % Change<br />

Total <strong>County</strong> <strong>Court</strong> Cases<br />

Commenced 10080 10075 0.05<br />

Finalised 9433 10508 -10.2<br />

Pending 9763 9480 3.0<br />

Overall <strong>County</strong> <strong>Court</strong> Clearance Ratio (%) 93.6% 104.3%<br />

Total Civil Cases<br />

Commenced 4909 4800 2.3<br />

Finalised 4830 6016 -19.7<br />

Pending 6014 6180 -2.7<br />

Overall Civil Clearance Ratio (%) 98.4% 125.3%<br />

• Civil Business List Cases<br />

Commenced 1266 1159 9.2<br />

Finalised 1192 1647 -27.6<br />

Pending 1414 1357 4.2<br />

Civil Business List Clearance Ratio (%) 94.2% 142.0%<br />

• Civil Damages List Cases<br />

Commenced 2050 1831 12.0<br />

Finalised 2129 2962 -28.1<br />

Pending 2826 3021 -6.5<br />

Damages List Clearance Ratio (%) 103.9% 162.0%<br />

• Civil WorkCover List Cases<br />

Commenced 1471 1596 -7.8<br />

Finalised 1398 1217 14.9<br />

Pending 1677 1636 2.5<br />

Workcover Clearance Ratio (%) 95.0% 76.0%<br />

• Other Civil Cases<br />

Commenced 122 214 -43.0<br />

Finalised 111 190 -41.6<br />

Pending 97 166 -41.6<br />

Other Civil Clearance Ratio (%) 91.0% 89.0%<br />

Total Criminal Cases<br />

Commenced 5171 5275 -2.0<br />

Finalised 4603 4492 2.5<br />

Pending 3749 3300 13.6<br />

Overall Criminal Clearance Ratio (%) 89.0% 85.2%<br />

• Criminal Trials and Pleas<br />

Commenced 2730 2609 4.6<br />

Finalised 2268 2294 -1.1<br />

Pending 2460 2038 20.7<br />

Trials and Pleas Clearance Ratio (%) 83.1% 87.9%<br />

• Criminal Appeals<br />

Commenced 2441 2666 -8.4<br />

Finalised 2335 2198 6.2<br />

Pending 1289 1262 2.1<br />

Appeals Clearance Ratio (%) 95.7% 82.4%<br />

Adoption Cases<br />

Applications Considered 109 123 -11.4<br />

Adoption Orders Made 106 119 -10.9<br />

Applications Pending 3 4 -25.0<br />

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2<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Report of the Chief Judge<br />

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improvement in the <strong>Court</strong>’s list management.<br />

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Criminal Jurisdiction<br />

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We have worked on a number of recommendations to reduce trial delay. We addressed these matters by<br />

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Civil • ing Jurisdiction<br />

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Judges Davis and Anderson led a more streamlined restructure of pre-trial hearings in the civil jurisdiction.<br />

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The number of pre-trial matters coming before the court was reduced with more of these matters dealt with<br />

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on the papers, except where parties sought to have a matter settled before the court (see pages 8-9).<br />

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Quismod Judges Appointed olobor and Farewelled<br />

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Parsons,<br />

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Susan<br />

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Tony<br />

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Howard,<br />

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Lisa<br />

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Damian<br />

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Murphy<br />

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Kennedy.<br />

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Each<br />

facidunt<br />

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ate<br />

in our new judicial induction program (see page 14).<br />

We bade farewell to Elizabeth Curtain upon her appointment to the Supreme <strong>Court</strong>, and farewelled retiring<br />

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Judges Stott,<br />

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Gebhardt,<br />

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and Pannam.<br />

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12, 2007.<br />

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feumsan velit la facidunt ate. Sequatem euis atio, susting elese vel dolorem dolorem ex eugiat at.<br />

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Technological improvements converted nine courts to ‘smart courts’ and three civil courts were converted<br />

for use in crime. We continued to contribute to justice reform initiatives and welcomed many visitors from<br />

both interstate and overseas to the <strong>Court</strong>.<br />

Our progress in 2006-07 has been dramatic and I thank all judges and court staff for cooperatively facing<br />

a year of signifi cant change which will see us well placed for the year ahead.<br />

Judges and<br />

court staff<br />

cooperatively<br />

faced a year<br />

of significant<br />

change<br />

Chief Executive Offi cer<br />

Michael Rozenes, Chief Judge<br />

*Clearance ratios are expressed in pp.<br />

www.countycourt.vic.gov.au 3


CEO’s Message<br />

The past year of dynamic change in the <strong>County</strong> <strong>Court</strong> positions us<br />

well for the future. Our relationships with the facility owner, The Liberty<br />

Group (TLG) and with government continued to strengthen. Careful<br />

budget management allowed us to gain maximum benefit from our<br />

resources.<br />

A year of<br />

dynamic change<br />

positions us well<br />

for the future<br />

Our major achievements this year have been in the areas of<br />

technological change and improvement of processes.<br />

Technology<br />

The <strong>Court</strong> played a signifi cant role in major across-courts development of the Integrated Case Management<br />

System (ICMS) (refer to page 17 for more information).<br />

We rolled out the criminal orders module of the <strong>Court</strong>’s Case and List Management System (CLMS) to all<br />

Judges and Associates. This was a major initiative with minimum disruption to the smooth running of the<br />

<strong>Court</strong> (refer to pages 13 and 17 for more information).<br />

Processes<br />

We conducted a major review of <strong>Court</strong> processes and commenced changes which will signifi cantly impact<br />

on the way we do business in future. Boston Consulting Group (BCG) conducted a review of our criminal<br />

and civil processes to identify causes of delay particularly in the criminal jurisdiction.<br />

Supported by BCG’s recommendations, a successful budget submission resulted in funding for two<br />

additional Judges to address delays in crime. We modernised listing processes in our Registry using<br />

electronic recording to achieve greater transparency, allowing us to more closely monitor our progress.<br />

In the civil jurisdiction we prepared for unlimited civil jurisdiction effective from 1 January 2007 by<br />

establishing the Commercial List pilot in July 2006. The fi rst signifi cant review of civil case management<br />

since implementation of the civil justice initiative in 1996, resulted in effective major changes to civil<br />

processes early in 2007. Judge Anderson and Judge Davis led these changes, supported by registry and<br />

directions court staff.<br />

Employee Attitude Survey<br />

In the 2007 Employee Attitude Survey, we maintained and built on the strengths of the 2006 survey<br />

results. We noted a high rate of engagement of staff; strong motivation; pride in working at the <strong>Court</strong> and<br />

commendation of the <strong>Court</strong> as a good place to work. The ongoing commitment of staff is a key to our<br />

success.<br />

Congratulations and thanks to all staff for their hard work during the year.<br />

Neil Twist, Chief Executive Offi cer<br />

4<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Working with the Community<br />

It is not possible to document all<br />

community engagement to which<br />

Judges and court staff committed<br />

themselves in the reporting year.<br />

However the diversity of the ‘hidden’ contributions<br />

the <strong>Court</strong> makes in the community is evident in<br />

these examples:<br />

• launching publications and presiding at<br />

launches such as the Monash University<br />

Law Students’ Society Careers Guide, the<br />

Specialist Sex Offences Unit, the Child<br />

Witness Service<br />

• contributing as board members of charitable<br />

institutions such as the Guide Dogs Victoria<br />

and Catholic Homes for the Elderly<br />

• serving as trustees on the Royal Melbourne<br />

Hospital Neuroscience Foundation and a<br />

testamentary trust providing scholarships to<br />

tertiary students<br />

• leading committees, for example as<br />

Chairman of Lawdons, a group of lawyers at<br />

Essendon Football Club which raises funds for<br />

disadvantaged persons<br />

The <strong>County</strong> <strong>Court</strong> facility was an ideal backdrop<br />

for the exhibition of court drawings by court artist<br />

Glenda Brigham in Waldron Hall. Glenda gave talks<br />

about her work during the exhibition in Law Week<br />

(see photograph below). We are grateful to TLG for<br />

their support of such events.<br />

The <strong>Court</strong> supported secondary and tertiary<br />

educational programs through tours and<br />

observation of court rooms in action. On occasion,<br />

Judges address school groups from the bench,<br />

providing them with fi rst hand information about<br />

the work of the court. Students of legal studies<br />

regularly visited throughout the year and social<br />

work students from Latrobe University completed<br />

assignments following their visits. The Chief Judge<br />

welcomed new Bar Readers in September 2006<br />

and April 2007 and Judges Wodak, Anderson,<br />

Lewitan, Gaynor, Morrish, Chettle, Parsons and<br />

Howard presided over the Bar Readers Moots in<br />

November 2006 and April 2007.<br />

Judges of the <strong>Court</strong> spoke at schools, participated<br />

in the Law Institute’s ‘Life in the Law’ program and<br />

addressed meetings of the legal profession both in<br />

Melbourne and regional Victoria, inspiring groups<br />

about careers in the law.<br />

Judiciary and<br />

court staff<br />

engaged<br />

in diverse<br />

community<br />

activities within<br />

and beyond<br />

the court<br />

Above right: Glenda Brigham, court artist, discusses her work with Her Honour Judge Hampel at an exhibition in<br />

Waldron Hall, <strong>County</strong> <strong>Court</strong> during Law Week, May 2007.<br />

www.countycourt.vic.gov.au 5


Criminal Jurisdiction<br />

The <strong>Court</strong><br />

responded<br />

to the review<br />

of listing<br />

processes with<br />

closer judicial<br />

management<br />

As the largest trial court in the state, the <strong>County</strong><br />

<strong>Court</strong> hears criminal cases involving all indictable<br />

offences other than murder, treason and other<br />

murder related offences.<br />

Allocation of Judges<br />

In 2006-07, for the <strong>County</strong> <strong>Court</strong> state-wide,<br />

23 Judges were allocated to the criminal list.<br />

This included seven Judges allocated to hear pleas,<br />

three Judges to hear appeals and three Judges<br />

conducted pre-trial hearings.<br />

Overall Performance<br />

Cases initiated fell by 2%, totally 5171 (5275 in<br />

2005-06), comprised:<br />

• 2730 Trials and Pleas (2609 in 2005-06)<br />

• 2441 Appeals (2666 in 2005-06).<br />

Cases fi nalised rose by 2.5%, totally 4603 (4492<br />

in 2005-06), comprised:<br />

• 2268 Trials and Pleas (2294 in 2005-06)<br />

• 2335 Appeals (2198 in 2005-06).<br />

Cases pending rose by 13.6%, totally 3749 (3300<br />

in 2005-06), comprised:<br />

• 2460 Trials and Pleas (2038 in 2005-06)<br />

• 1289 Appeals (1262 in 2005-06).<br />

The overall criminal clearance ratio was 89.0%<br />

compared with 85.2% in 2005-06.<br />

In 2005-06 the clearance ratio for trials and pleas<br />

was 87.9%. This fi gure fell to 83.1% in 2006-07,<br />

while at the same time the number of trials and<br />

pleas initiated rose 4.6%.<br />

In 2005-06 the clearance ratio for appeals was<br />

82.4% rising to 95.7% in 2006-07. This was a<br />

pleasing result for the court given that a rise in the<br />

number of appeals taking more than one day to<br />

complete was noted during this year.<br />

Addressing Delay<br />

In September 2006 the Boston Consulting Group<br />

(BCG) embarked on a review of the effi ciency<br />

of the <strong>County</strong> <strong>Court</strong>’s criminal processes with<br />

a focus on reducing delay. Over a period of six<br />

weeks, BCG worked closely with Judges and staff<br />

collating information and making recommendations<br />

designed to address causes of delay.<br />

Acting on Recommendations<br />

from BCG’s Review<br />

Criminal Listing Processes<br />

We modernised our criminal listing processes with<br />

the introduction of electronic diaries to make the<br />

process more transparent and accessible to the<br />

<strong>Court</strong>. We now have greater fl exibility in managing<br />

pleas and trials, and ready access to vacated<br />

trial dates. Weekly listing meetings, presided over<br />

by the Chief Judge, monitor progress and allow for<br />

pro-active decision making in criminal trial listing.<br />

We published next available criminal trial vacancies<br />

on our website to assist parties and the profession<br />

to plan accordingly.<br />

In following BCG’s recommendations we have:<br />

• gradually increased the number of trials listed<br />

for hearing each week<br />

• more closely manage pre-trial hearings<br />

We collaborated with the Offi ce of Public<br />

Prosecutions, the profession, the Juries<br />

Commissioner and others through regular meetings<br />

of the Criminal Users Group.<br />

Managing the General List<br />

The Chief Judge introduced a triage system to<br />

identify early those cases which would benefi t from<br />

judicial case management and allocated them to<br />

a judge at an early stage. It was initially estimated<br />

that up to one third of cases fi xed for trial would<br />

require close judicial management, another third<br />

would require only minimal management and<br />

the remainder would be subject to usual pre-trial<br />

management. In June 2007, the Chief Judge<br />

observed that fewer cases needed closer judicial<br />

management than had been originally expected.<br />

6 <strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Criminal Jurisdiction<br />

Number<br />

6000<br />

5000<br />

4000<br />

3000<br />

2000<br />

0<br />

Criminal Cases Overall – 2002-03 to 2006-07<br />

2002-03<br />

Initiated<br />

Finalised<br />

2003-04 2004-05 2005-06 2006-07<br />

Pending<br />

Managing the Sex Offences List<br />

Judge Sexton continued to manage all sex offences directions<br />

hearings for the state and the allocation of special hearings (prerecording<br />

of evidence). The fi rst special hearing in a regional centre<br />

took place on March 5, 2007 at Mildura. It became apparent that the<br />

legislative requirement that special hearings be carried out within<br />

21 days of committal was proving onerous for the <strong>Court</strong>. At the end<br />

of the reporting year, negotiations had commenced for legislative<br />

change to address this issue.<br />

Other changes during the year<br />

New legislation<br />

In March 2007, Greg Byrne, Director, Criminal Law-Justice Statement<br />

addressed Judges on imminent criminal justice reforms. A broad<br />

range of changes to criminal procedure, investigative powers,<br />

offences and reforms to the Evidence and Bail Acts are currently<br />

contemplated. The <strong>Court</strong> has regularly been invited to make<br />

submissions and comment on the proposed legislative changes.<br />

Child Witness Support Service (CWSS)<br />

Following the launch by the Attorney-General of the Child Witness<br />

Support Service on the 14th September 2006, close links have<br />

been established between the CWSS and the <strong>Court</strong>. Tipstaves play<br />

an important collaborative role during the taking of evidence from<br />

children and young people. In addition, court staff supported the<br />

service in implementing special hearings in regional Victoria.<br />

Looking Ahead<br />

In circuit locations the number of older pending cases remains a<br />

concern to be addressed in the next year using more aggressive<br />

management of pre-trial hearings.<br />

In May 2007, following a successful ERC bid, funding was allocated<br />

for two additional Judges to be appointed after July 1, 2007 to<br />

address delay in the criminal jurisdiction.<br />

Plea Intensive<br />

From October 2 to December 8, 2007 in response to the delays in<br />

the hearing of pleas, the <strong>Court</strong> conducted a ‘plea intensive’. A number<br />

of Judges assigned to general civil work were re-allocated to hear<br />

criminal pleas with priority given to sex offences and cases where<br />

the accused was in custody or a young offender.<br />

Some 139 cases were listed for hearing; 105 proceeded to sentence.<br />

At various times nine Judges contributed to the intensive.<br />

The impact of the intensive is shown in the fi gures for the following<br />

periods:<br />

• October-December 2006, 610 fi nalisations clearance rate 95.5%<br />

• October-December 2005, 455 fi nalisations clearance rate 64.4%<br />

His Honour Chief Judge Rozenes (shown) and Judge Nicholson conduct pre-trial hearings at 9.00am daily in order to<br />

manage the progress of criminal trials coming before the <strong>Court</strong>.<br />

www.countycourt.vic.gov.au 7


Civil Jurisdiction<br />

Service New legislation Delivery<br />

has and effectively Sharing<br />

Our established Facilities<br />

Service unlimited Delivery civil<br />

and jurisdiction Sharing<br />

for Our the Facilities <strong>County</strong><br />

<strong>Court</strong> Service of Delivery Victoria<br />

On 1 January 2007, new legislation established<br />

unlimited jurisdiction in non-personal injury cases,<br />

effectively commencing unlimited monetary civil<br />

jurisdiction for the <strong>County</strong> <strong>Court</strong>.<br />

Allocation of Judges<br />

In 2006-07, for the <strong>County</strong> <strong>Court</strong> state-wide, 16<br />

Judges were allocated to hear matters in the civil<br />

jurisdiction. Six Judges heard civil trials, fi ve Judges<br />

heard WorkCover/Serious Injury (Section 134AB)<br />

applications, two Judges sat in VCAT, one Judge<br />

was allocated to WorkCover matters, one Judge<br />

sat in the Practice <strong>Court</strong> and one Judge heard<br />

Directions Hearings.<br />

Overall Performance<br />

Cases initiated rose by 2.3%, totally 4909 (4800 in<br />

2005-06), comprised:<br />

• 1266 Civil Business List Cases (1159 in<br />

2005-06)<br />

• 2050 Civil Damages List Cases (1831 in<br />

2005-06)<br />

• 1471 Civil WorkCover List Cases (1596 in<br />

2005-06)<br />

• 122 Other Civil Cases (214 in 2005-06)<br />

Cases fi nalised fell by 19.7%, totally 4830 (6016 in<br />

2005-06), comprised:<br />

• 1192 Civil Business List Cases (1647 in<br />

2005-06)<br />

• 2129 Civil Damages List Cases (2962 in<br />

2005-06)<br />

• 1398 Civil WorkCover List Cases (1217 in<br />

2005-06)<br />

• 111 Other Civil Cases (190 in 2005-06)<br />

Cases pending fell by 2.7%, totally 6014 (6180 in<br />

2005-06), comprised:<br />

• 1414 Civil Business List Cases (1357 in<br />

2005-06)<br />

• 2826 Civil Damages List Cases (3021 in<br />

2005-06)<br />

• 1677 Civil WorkCover List Cases (1636 in<br />

2005-06)<br />

• 97 Other Civil Cases (166 in 2005-06)<br />

The overall civil clearance rate was 98.4%<br />

compared with 125.3% in 2005-06.<br />

This year fewer civil cases were resolved using<br />

pre-trial methods such as mediation. As a result,<br />

civil actions brought before the <strong>Court</strong> were more<br />

likely to run to trial.<br />

This year fi nalisations of s. 134AB cases rose<br />

142.9% to 969 (678 in 2005-06) while the number<br />

of initiations fell 2.3% to 1123 (1149 in 2005-06).<br />

For the fi rst time since 2003-04, civil initiations<br />

increased.<br />

The increase in 2006-07 may be an indication that<br />

civil initiations have ‘bottomed out’ following recent<br />

tort law reform.<br />

Adoptions<br />

Thirty-two Judges presided over the 109 adoption<br />

applications (123 in 2005-06) making 106<br />

adoption orders (119 in 2005-06) including 87<br />

orders made in Melbourne (92 in 2005-06) and<br />

19 orders in regional centres (27 in 2005-06).<br />

Case Transfers<br />

The <strong>Court</strong>s (Case Transfer) Act 1991 empowers<br />

courts to transfer cases to a more appropriate<br />

jurisdiction. Judge Davis is the designated judicial<br />

offi cer for case transfers.<br />

During 2006-07, 43 cases were transferred from<br />

this <strong>Court</strong> to the Supreme and Magistrates’ <strong>Court</strong>s,<br />

a decrease of 30.1% compared with 62 cases in<br />

2005-06. The court also received 9 applications<br />

where no order was made (11 in 2005-07).<br />

During 2006-07, 108 cases were transferred to the<br />

<strong>County</strong> <strong>Court</strong> from the Supreme and Magistrates’<br />

<strong>Court</strong>s, a decrease of 22.5% compared with 139<br />

cases in 2005-06.<br />

Responding to Change in the<br />

Civil Jurisdiction<br />

Addressing Increased Jurisdiction<br />

In anticipation of unlimited monetary civil<br />

jurisdiction, the <strong>Court</strong> established the Commercial<br />

List Pilot in July 2006. Judge Anderson headed<br />

the list and immediately prepared a practice note,<br />

addressed the Commercial Bar Association in<br />

July 2006 and received detailed feedback from<br />

barristers. A Commercial List Pilot page was<br />

established on the <strong>County</strong> <strong>Court</strong> website and<br />

intensive communication between the Judge’s staff<br />

and registry staff commenced. By the end of June<br />

2007, with a new process in place for conducting<br />

the Commercial List Pilot, case numbers had risen<br />

to 130 initiations and 68 fi nalisations.<br />

8<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Civil Jurisdiction<br />

Number<br />

12000<br />

10000<br />

8000<br />

6000<br />

4000<br />

2000<br />

0<br />

Civil Cases Overall – 2002-03 to 2006-07<br />

2002-03<br />

Initiated<br />

Finalised<br />

2003-04 2004-05 2005-06 2006-07<br />

Pending<br />

Acting on the BCG Recommendations<br />

We acted on a number of BCG recommendations: establishing future<br />

direction for case management, forward planning for the practice<br />

court and developing more effi cient listing processes.<br />

Future Direction of Civil Case Management<br />

By December 2006, a structure for future civil case management<br />

incorporating three civil divisions had been established: Commercial<br />

and Business, Compensation, and Damages. From January 2007,<br />

Judges in charge of the lists managed them and allocated cases to<br />

Judges sitting in civil. One Judge was appointed to preside over the<br />

Practice <strong>Court</strong> for 2007.<br />

Early in 2007, a major review commenced of the civil case<br />

management process: the first review since the implementation of the<br />

civil justice initiative in 1996.<br />

With the appointment of long-serving directions court judge, Judge<br />

Harbison as vice-president of VCAT from early 2007, it was imperative<br />

that the <strong>Court</strong> address future civil case management urgently.<br />

Judge Anderson and Judge Davis led a major change process<br />

supported by judicial, civil registry and directions court staff.<br />

Effective improvements were quickly put in place and new practice<br />

notes drafted. Practitioners readily embraced the changes. Staff dealt<br />

with the signifi cant changes heroically.<br />

With the aim of achieving a low cost, expeditious resolution of cases<br />

consistent with the demands of justice, the major change was the<br />

setting up of an Administrative Mention procedure. The number of<br />

appearances required in court was reduced and where agreement<br />

existed between parties, orders were made on the papers. Directions<br />

hearings were scheduled only where there was a matter in dispute<br />

requiring judicial intervention. Circuit court matters were included<br />

in these changes, with positive feedback received from circuit<br />

court staff.<br />

Civil Listing Diaries<br />

Manual and duplicative listing processes were replaced with electronic<br />

diaries, the fi rst being rolled out in mid-July 2006. By June 2007,<br />

16 listing diaries, accessible to Judges, registry and judicial staff<br />

were fully utilized. This resulted in a more streamlined operation,<br />

with lists now more transparent and accessible.<br />

Electronic Recording of Outcomes<br />

A successful pilot for civil interim orders module using the CLMS<br />

system was conducted in the Damages List – Medical Division.<br />

Looking ahead, the aim is to roll out the module to all civil<br />

listings staff.<br />

While the ongoing effects of the change in jurisdiction and the<br />

commencement of a Commercial List Pilot are yet to be observed,<br />

the <strong>Court</strong> has progressed its civil listing and case management<br />

processes in preparation for further developments. Registry staff<br />

will increasingly engage with ICMS as it develops.<br />

Left: Paper fi les are gradually being replaced by documents lodged electronically.<br />

Right: Judge Davis presides over a pre-trial matter brought before the court.<br />

www.countycourt.vic.gov.au<br />

9


<strong>Court</strong> Governance<br />

Service The Executive Delivery<br />

supports and Sharing the<br />

Our Council Facilities of<br />

Service Judges Delivery and the<br />

and Chief Sharing Judge<br />

Our in Facilities judicial<br />

Service administration Delivery<br />

Constitution of the <strong>County</strong> <strong>Court</strong><br />

Under s. 4 <strong>County</strong> <strong>Court</strong> Act, 1958, the <strong>County</strong><br />

<strong>Court</strong> is constituted by the Chief Judge, Judges of<br />

the <strong>County</strong> <strong>Court</strong> and the Registrar of the <strong>Court</strong>.<br />

The administration of the law in the <strong>Court</strong> is the<br />

responsibility of the Council of Judges, which<br />

consists of all Judges of the <strong>Court</strong>, including Acting<br />

Judges appointed after the commencement of s. 7<br />

of the <strong>Court</strong>s Legislation (Judicial Appointments<br />

and Other Amendments) Act 2005.<br />

The Jurisdiction of the <strong>Court</strong><br />

As the major trial court in Victoria, the <strong>Court</strong>’s<br />

jurisdiction is as follows:<br />

Criminal Jurisdiction<br />

The <strong>Court</strong> can hear all indictable offences, except<br />

treason, murder and murder related offences.<br />

The broad range of offences heard includes<br />

serious theft; armed robbery; drug traffi cking and<br />

associated offences; sexual offences; fraud and<br />

dishonesty charges; serious assault and affray;<br />

and income and sales tax offences. Most cases<br />

arise from State legislation, but a proportion of the<br />

cases are based in Commonwealth legislation.<br />

Civil Jurisdiction<br />

On January 1, 2007, legislative changes resulted<br />

in the <strong>County</strong> <strong>Court</strong> having unlimited civil<br />

jurisdiction. Cases heard in this jurisdiction include<br />

commercial matters; building disputes; and<br />

damages arising from a wide range of incidents<br />

including medical negligence, serious injury and<br />

defamation. The <strong>Court</strong> has original jurisdiction in<br />

WorkCover matters.<br />

Criminal Appeals<br />

The <strong>Court</strong> hears appeals from the criminal<br />

jurisdiction of the Magistrates’ <strong>Court</strong> and the<br />

criminal and family divisions of the Children’s<br />

<strong>Court</strong>.<br />

Adoption and Change of Name<br />

The <strong>Court</strong> has jurisdiction to make orders relating<br />

to adoption and change of name.<br />

The contrasting photographs showing the old court room at Bendigo (left) and the new state of the art<br />

courtroom at the Latrobe Valley Complex (right) opened in October 2006.<br />

10<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


<strong>Court</strong> Governance<br />

Council of Judges<br />

Pursuant to s. 87(1) <strong>County</strong> <strong>Court</strong> Act 1958, the Council of Judges<br />

is required to meet at least once per year to consider the Act and<br />

the Rules, the duties of the offi cers of the court, and to consider<br />

the system of procedure and administration of law in the <strong>Court</strong>.<br />

The Council of Judges met on three occasions in 2006-07. Matters<br />

considered by the Council included the recommendations of the<br />

BCG Report; court dress; 2005-06 Annual Report; rule changes<br />

(see below); and the internal governance of the court.<br />

Executive of the Council of Judges<br />

The Executive of the Council of Judges supports the Council of Judges<br />

and the Chief Judge in the judicial administration of the court through<br />

its regular meetings. In 2006-07 the Executive met on 20 occasions.<br />

The Chief Judge provides the meeting with a review of matters dealt<br />

with between meetings including correspondence received and sent,<br />

as well as seeking the committee’s views with respect to matters<br />

such as Juries exiting the building after verdict; civil jurisdiction of the<br />

<strong>County</strong> <strong>Court</strong>; appointment of associates; proposed Judicial Induction<br />

Program; circuit travel allowances; Criminal Jurisdiction 2007; and<br />

requests to undertake research.<br />

<strong>County</strong> <strong>Court</strong> Rules Committee<br />

Members of the Rules Committee met as required to review and draft<br />

revisions to the <strong>County</strong> <strong>Court</strong> Rules. Proposed rule changes were<br />

referred to the Council of Judges on November 23, 2006 for adoption<br />

as follows:<br />

<strong>County</strong> <strong>Court</strong> (Chapter I Amendment No. 19) Rules 2006<br />

These rules provide for freezing and search orders to be harmonised<br />

with like rules in other jurisdictions. The Rules came into effect on<br />

January 1, 2007.<br />

<strong>County</strong> <strong>Court</strong> in Regional Victoria<br />

In 2006-07, the <strong>County</strong> <strong>Court</strong> continued its commitment to the<br />

regional areas of Victoria at fourteen circuit courts located at<br />

Bairnsdale, Ballarat, Bendigo, Geelong, Hamilton, Horsham, Latrobe<br />

Valley, Mildura, Morwell, Sale, Shepparton, Wangaratta, Warrnambool<br />

and Wodonga. In excess of 100 circuit sittings were scheduled with<br />

Judges and staff travelling to the circuit locations to conduct both<br />

criminal and civil matters.<br />

Throughout the year, on average one fi fth of the Judges of the <strong>Court</strong><br />

conducted sittings in regional locations.<br />

During 2006-07 cases heard in circuit locations were as follows:<br />

• 1958 cases initiated (2131 in 2005-06)<br />

• 1868 cases fi nalised (2083 in 2005-06)<br />

• 1752 cases pending (1819 in 2005-06).<br />

Highlights and Events<br />

A highlight of the year was the opening of the new Latrobe Valley<br />

Justice Complex at Morwell on October 20, 2006 (see page 10).<br />

This modern complex replaces the former Morwell <strong>Court</strong> as the<br />

primary circuit court in eastern Victoria.<br />

Staff from Registry and Administration at Melbourne again visited<br />

circuit courts during the year to liaise with staff and to assess<br />

the court environs. As a result, improvements were made in the<br />

information technology area and plans set out for assistance to the<br />

maintenance of the regional court libraries. A very successful senior<br />

registrars’ conference, which afforded the opportunity for Melbourne<br />

and regional staff to discuss matters of mutual interest, was held at<br />

Woodend on November 15-16, 2006.<br />

<strong>County</strong> <strong>Court</strong> (Chapter I Amendment No. 20) Rules 2006<br />

These rules substitute an increased scale of costs to the Rules.<br />

The Rules came into effect on January 1, 2007.<br />

<strong>County</strong> <strong>Court</strong> (Chapter II Amendment No. 2) Rules 2006<br />

These rules make further provision in relation to the confi scation<br />

of property and the proceeds of crime through changes to the<br />

Confi scation Act 1997 and the Proceeds of Crime Act (Cth) 2002.<br />

The Rules came into effect on January 1, 2007.<br />

Members of the Executive of the Council of Judges in discussion (from left) Judge Williams, Judge Cohen,<br />

Chief Judge Rozenes, Judge Punshon, Neil Twist (CEO), Judge Wodak.<br />

www.countycourt.vic.gov.au<br />

11


Supporting the<br />

Judges of the <strong>Court</strong><br />

<strong>Court</strong> staff<br />

fulfil their<br />

responsibilities<br />

to support the<br />

Judges in<br />

their work<br />

In 2006-07, the Judges of the <strong>Court</strong> received<br />

strong support from Associates and Tipstaves in<br />

their day-to-day work. Similar support was provided<br />

by the researchers, library staff, secretaries and<br />

building maintenance staff.<br />

Registry and administration staff contributed<br />

signifi cantly to the support of Judges. As changes<br />

have occured in the ways information is collected,<br />

acted upon and stored, interaction and integration<br />

of the work of various sectors of the <strong>Court</strong> has<br />

become more commonplace.<br />

The information below highlights major staff<br />

contributions to judicial support during 2006-07.<br />

Regular Meetings between<br />

Registry and Judges<br />

Arising from the BCG recommendations, staff<br />

of the criminal listings area conducted weekly<br />

meetings with the Chief Judge to monitor listing<br />

and timely dealing with cases (see also pages 6-7).<br />

In the civil jurisdiction, registry staff have engaged<br />

with the Judges to implement the changes in pretrial<br />

work in civil (see also pages 8-9). With the<br />

establishment of more transparent record keeping,<br />

Judges have access to information to assist in<br />

listing cases and conducting pre-trial hearings.<br />

Certificate IV in Government<br />

(<strong>Court</strong> Services)<br />

Registry staff attended the fi rst graduation<br />

ceremony for the Victoria University, Certifi cate IV in<br />

Government (<strong>Court</strong> Services) qualifi cation on June<br />

8, 2007. This nationally recognised course fi rst<br />

developed in Victoria, is now also available in NSW<br />

and soon to be rolled out in Western Australia.<br />

The <strong>Court</strong> has been involved in the planning and<br />

development of this Certifi cate qualifi cation through<br />

the Board of Studies (Neil Twist) and Curriculum<br />

Planning Group (Ann Matheson, Registrar) and as<br />

students and lecturers.<br />

Registry Customer Survey<br />

Registry conducted its biennial customer service<br />

survey in February 2007. The survey covered<br />

general registry services and subpoenaed<br />

document inspections. The number of responses<br />

increased this year, possibly because the survey<br />

was posted on the website for the fi rst time.<br />

Responses included the following:<br />

• 94% of respondents were satisfi ed with the<br />

counter service they received<br />

• 85% of respondents found the telephone<br />

service was courteous, responsive and reliable<br />

Left: CLMS orders training in the Training Room.<br />

Right: Associates and tipstaves check the court for readiness for the commencement of the day’s hearing.<br />

12 <strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Supporting the Judges of the <strong>Court</strong><br />

• 89% of respondents found correspondence to be timely and clear<br />

• 100% of respondents agreed that the <strong>Court</strong> operating hours<br />

(8.00am to 5.00pm) for subpoena inspection was satisfactory<br />

According to the survey, staff were effi cient, very helpful, friendly, and<br />

resourceful under pressure.<br />

From 2008, the <strong>Court</strong> will conduct the survey on an annual basis.<br />

Details of the survey results are available on the <strong>Court</strong>’s website<br />

at www.countycourt.vic.gov.au.<br />

Staff Learning and Development<br />

A number of initiatives provided opportunities for staff to extend their<br />

skills. The IT Training and Development Offi cer developed new courses<br />

(Excel, PowerPoint and advanced Word) and conducted refresher<br />

courses in several IT skill areas. These well-attended courses gave<br />

staff opportunities to improve their skills through a series of short,<br />

small group sessions.<br />

We worked collaboratively to roll out the criminal orders training to<br />

all Associates.<br />

Prior to commencement of training, each Associate was offered<br />

refresher training on the pre-requisite skills. We conducted 15, threeday<br />

criminal orders training sessions between 3rd July 2006 and June<br />

30, 2007. Over 50 Associates gained competence in computer skills<br />

and creating criminal orders and entering these into the CLMS Orders<br />

Module during the year.<br />

At the inaugural <strong>Court</strong>s Division Justice Awards on March 19,<br />

2007, the team of Hans Wolf, Ross Capuana, Shane Alexander,<br />

Keith Williams, Lynn Germain, Steve Meakes and Adi Sathe was<br />

acknowledged with awards for excellence in the development and<br />

delivery of the <strong>County</strong> <strong>Court</strong> Criminal Orders Module training program.<br />

Various other short training sessions were also conducted, including:<br />

•<br />

•<br />

•<br />

•<br />

Managing potentially violent clients<br />

Dr Karda Cavanagh, a medical practitioner, conducted an<br />

information session on maintaining good health in the workplace<br />

Registry staff completed on-line training on the Victims Charter<br />

Advocacy skills training arranged by Judge Hannan with Professor<br />

Hampel and Judge Hampel<br />

All sectors of the court conducted professional development activities<br />

during the course of the year.<br />

Research Unit Service to Judges<br />

The Research Unit continued to undertake a broad range of research<br />

work for the Judges. In April, staff numbers increased to three,<br />

providing much needed additional assistance to the Judges.<br />

The provision of a monthly research requests summary has<br />

increased awareness of the range and complexity of research<br />

undertaken for the Judges.<br />

Secretarial Support<br />

During the year, Judges’ secretaries monitored the amount of work<br />

and the type of work undertaken by them. There has been an increase<br />

in the number of pieces of work submitted using digital dictation and<br />

a decline in hand written copy, signifying the changing nature of the<br />

secretarial work required in this technological age.<br />

Facility Management<br />

The Facilities Manager and his staff continue their responsive service<br />

with respect to email and messages; relocations within the building;<br />

supervision of minor work space changes to ensure adequate and<br />

comfortable offi ce accommodation; and provision of refreshments for<br />

meetings.<br />

Library and Information Services<br />

Updates to the various legislation and loose leaf services for in-court<br />

and chambers use, and updates to the website and supporting<br />

requests for library assistance were carried out with the usual high<br />

degree of effi ciency. Work continued on the collation of sentences and<br />

judgments with the aim of capturing this information electronically<br />

over time. The librarian’s visits to regional courts highlighted the need<br />

to improve the facilities for Judges on circuit.<br />

Employee Attitude Survey<br />

Our strengths included a high rate of staff engagement; strong<br />

motivation; pride in working at the <strong>Court</strong> and commendation of the<br />

<strong>Court</strong> as a good place to work. We noted some areas in which we<br />

could improve our performance and these will be included in the<br />

focus of next year’s work.<br />

Staff engagement will be crucial to the implementation of the ICMS<br />

system, as we will be working within a broader integrated courts<br />

environment. Committees and user groups are regularly meeting<br />

with the ICMS staff to plan for the changes.<br />

Left: Associates access electronic information at their work station and in <strong>Court</strong>.<br />

Right: Tipstaves have formal functions to perform in <strong>Court</strong> as well as tasks for the Judge in Chambers.<br />

www.countycourt.vic.gov.au<br />

13


Judicial Professional<br />

Development<br />

‘The community<br />

expects nothing<br />

less than a<br />

contemporary,<br />

modern and<br />

well-informed<br />

judiciary.’<br />

Attorney-<br />

General,<br />

May 2007<br />

On May 24, 2007 the Attorney-General<br />

in introducing new legislation regarding<br />

professional development for judicial offi cers<br />

said, ‘the community expects nothing less than a<br />

contemporary, modern and well informed judiciary’.<br />

During the year, Judges attended 290 days of<br />

formal professional development conducted by:<br />

the <strong>Court</strong> at its annual seminar, the Judicial<br />

College of Victoria (JCV) and the National Judicial<br />

Orientation Program.<br />

The Annual Judges’ Seminar<br />

At the <strong>County</strong> <strong>Court</strong> Judges Annual Seminar held<br />

from March 7 to 9, 2007, Malcolm Knox, author<br />

of ‘Secrets of the Jury Room’ gave the audience a<br />

perspective of the experience of a trial through the<br />

eyes of a juror; Professor Tim Lindsey, of the Asia<br />

Law Centre, Melbourne University, addressed the<br />

issue of the relationship between Islam and the<br />

Australian legal system; and Dr Karda Cavanagh<br />

provided a most thought provoking discussion on<br />

the health and well-being of the judiciary.<br />

A number of ‘break-out’ sessions promoted lively<br />

discussion. These sessions included Propensity<br />

Evidence, Chronic Pain in Serious Injury,<br />

Sentencing Guilty Plea and <strong>Court</strong>esy from Judges.<br />

Participation in Judicial College of<br />

Victoria Activities<br />

Judges of the <strong>Court</strong> were again strong supporters<br />

the JCV’s work and its programs:<br />

• JCV Board Chief Judge Rozenes<br />

• JCV Syllabus Advisory Committee Judge<br />

Wodak, Judge Wilmoth<br />

• Skills Development Steering Committees<br />

Topics: <strong>Court</strong> Craft, Judgment Writing,<br />

JOIN Management Group, JOIN Sentencing<br />

Statistics User Group<br />

Judge Lawson, Judge Rizkalla, Judge Wodak,<br />

Chief Judge Rozenes, Judge Strong, Judge<br />

Sexton<br />

• Social Context Steering Committees<br />

Topics: The Lore of Family Violence Training<br />

Packages, Islamic Cultural Awareness<br />

Workshops, Sexual Assault Education<br />

Framework<br />

Judge Hogan, Judge Wilmoth, Judge Sexton<br />

• Substantive Law and Practice Steering<br />

Committees<br />

Workshops: Child Witness Workshop,<br />

Conscientiousness of Guilt Workshop, Charter<br />

of Human Rights and Responsibilities,<br />

Propensity in Sexual Assault Workshop<br />

The new judicial induction program’s fi rst participants were (left to right) Judge Parsons, Judge Pullen,<br />

Judge Howard and Judge Hannan<br />

14<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Judicial Professional Development<br />

Judge Sexton, Judge Coate, Judge Douglas, Judge Gullaci,<br />

Judge Davis, Judge Harbison, Judge Dyett<br />

• Publications’ Editorial Committees<br />

Criminal Charge Book Judge Rizkalla, Judge Douglas,<br />

Judge Pullen, Judge Duggan, Judge Sexton, Judge Punshon<br />

Victorian Sentencing Manual Judge Douglas<br />

Establishment of the<br />

Judicial Induction Program<br />

In August 2006, the Chief Judge introduced a new two-week judicial<br />

induction program, designed to provide newly appointed Judges with<br />

resources and support to ensure a positive introduction to their new<br />

role. The program includes: an information pack of materials; formal<br />

mentoring; time for observation in court; procedural sessions run by<br />

experienced Judges; a formal swearing-in and welcome; and time to<br />

prepare for fi rst sitting in court. The program caters for the needs of<br />

each newly appointed Judge.<br />

During the year, six Judges were inducted using this program.<br />

Feedback has been very positive.<br />

National Judicial Orientation Program<br />

Judge Grant, Judge Parsons, Judge Pullen, Judge Howard, Judge<br />

Hannan and Judge Murphy participated in the National Judicial<br />

Orientation Program held in Sydney in October 2006 and in Melbourne<br />

in May 2007. This national week-long program allows Judges to gain<br />

valuable insight into working as judicial offi cers.<br />

<strong>Court</strong> Craft Program<br />

Following the successful introduction of the <strong>Court</strong> Craft program<br />

in 2005-06, three judicial offi cers participated in the program in<br />

2006-07.<br />

The program has two components: participation in a 360 degree<br />

feedback survey and a communication skills workshop.<br />

The aim is to offer Judges insights into how they are perceived by<br />

their peers, what their strengths and weaknesses might be, and<br />

provides opportunities for self refl ection. Following the survey,<br />

participants attended a one-day communications skills workshop to<br />

learn and practise new techniques to enhance their bench skills.<br />

All participants agreed that 360 degree feedback is worthwhile for<br />

judicial offi cers.<br />

Biennial District and <strong>County</strong> <strong>Court</strong> Judges<br />

Conference – Perth, June 26-July 1, 2007<br />

35 Judges travelled to attend the conference with judges from all<br />

Australian states and New Zealand.<br />

The keynote address was given by Richard Bourke, barrister, the<br />

Louisiana Capital Assistance Centre, USA on Life, Death and the Law.<br />

The program provided opportunities to challenge current thinking and<br />

consider new ideas about judicial work.<br />

Other Conference Attendances<br />

Among the conferences attended by Judges in the reporting year were:<br />

24th AIJA Annual Conference<br />

Chief Judge Rozenes, Judge Curtain, Judge Wodak and Judge<br />

Anderson attended this conference held in Adelaide from 15 to<br />

17 September 2006. The focus of the conference was ‘Affordable<br />

Justice’. Sessions included measuring <strong>Court</strong> performance from a<br />

quality perspective; causes of delay in the criminal justice system;<br />

alternatives to adversarial hearings and sentence indications; and<br />

funding civil litigation.<br />

Judicial Conference of Australia Colloquium<br />

This annual colloquium was held in Canberra from 6 to 8 October,<br />

2006. Topics considered included Judicial Ethics in the 21st Century;<br />

<strong>Court</strong> Governance and Judicial Independence; Suppression Orders;<br />

and Judicial Appointments. The <strong>Court</strong> was represented by the Chief<br />

Judge and Judge Curtain.<br />

Judges’ Contribution to Professional<br />

Development within the legal profession<br />

The Chief Judge spoke with each new group of Bar Readers during<br />

their professional program to welcome them as barristers who<br />

will shortly be appearing in court and to encourage them in their<br />

professional development. Judges also presided over moots<br />

conducted as part of the Bar Readers course.<br />

Several Judges participate each year in ‘Life in the Law’, a program<br />

sponsored by the Law Institute of Victoria which provides young legal<br />

practitioners the opportunity to engage with senior and successful<br />

members of the profession.<br />

Judicial Offi cers Information Network web site.<br />

www.countycourt.vic.gov.au 15


Service Delivery<br />

and Sharing our Facilities<br />

Service The Delivery modern<br />

facilities and Sharing of the<br />

Our building Facilities lend<br />

Service themselves Delivery to<br />

and sharing Sharing the<br />

resources Our Facilities of the<br />

Service <strong>Court</strong> complex Delivery<br />

The modern facilities of the building lend<br />

themselves to sharing the resources of the <strong>Court</strong><br />

complex. During 2006-07, the <strong>Court</strong> welcomed<br />

many visitors, hosted several functions as well<br />

as conducting the day-to-day <strong>Court</strong> hearings.<br />

Visitors and events at the <strong>Court</strong> included:<br />

• The Honourable Nancy Gertner, United States<br />

District <strong>Court</strong> at Boston<br />

• Royal Government of Bhutan Ministry of Finance<br />

• Judge Sang Ryeol Shin, Supreme <strong>Court</strong> of<br />

Korea<br />

• Justice Sang-Moo Lee, Criminal Law <strong>Court</strong> in<br />

the Pohang Province South Korea<br />

• Her Honour Judge Eriko Kawajiri, Tokyo District<br />

<strong>Court</strong>, Japan<br />

• The Honourable Judge Brook Hedge, Superior<br />

<strong>Court</strong> of the District of Columbia, USA<br />

• Launch of the Offi ce of Public Prosecutions<br />

Specialist Sex Offences Unit by the Attorney-<br />

General on April 26, 2007<br />

• Representatives of the West Australian District<br />

<strong>Court</strong> met with <strong>Court</strong> staff in April, 2007.<br />

The delegation was keen to seek advice about<br />

transition arrangements, following our very<br />

successful transition in 2002, to assist in<br />

planning their move to a new <strong>Court</strong> building<br />

under a Public Private Partnership arrangement<br />

• The <strong>Court</strong> hosted a two-day Koori<br />

<strong>Court</strong> Workshop in September 2006.<br />

Representatives from the <strong>County</strong> <strong>Court</strong>,<br />

the Department of Justice and the Koori<br />

community discussed the current Koori<br />

experience in the <strong>County</strong> <strong>Court</strong>. This workshop<br />

was an historic and very successful fi rst<br />

step towards a collaborative approach to<br />

implementing a specialised jurisdiction and<br />

support function in the <strong>County</strong> <strong>Court</strong><br />

• On Thursday 29 March, 2007, Judges and<br />

staff from Her Majesty’s <strong>Court</strong>s Service United<br />

Kingdom viewed the <strong>Court</strong>’s eFiling product<br />

• Ross Capuana, Application Services Manager,<br />

<strong>Court</strong>s IT Group, hosted the inaugural ‘<strong>Court</strong>s<br />

Case Management Networking Group’ forum<br />

on 23 and 24 November 2006<br />

<strong>Court</strong> Rooms<br />

The <strong>Court</strong> continued to utilize court rooms with<br />

a high degree of concurrence with the annual<br />

reservation statement. In 2006-07, court room<br />

usage exceeded forecast by 64 days. This result<br />

is due to reservations required to account for<br />

court room conversions and the use of the<br />

<strong>County</strong> <strong>Court</strong> facility for Supreme <strong>Court</strong> trials.<br />

See graph page 17.<br />

The <strong>Court</strong> Complex is especially busy as clients and legal practitioners attend early morning pre-trial<br />

hearings followed by criminal and civil cases scheduled in the 46 court rooms each day.<br />

16<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Service Delivery and Sharing our Facilities<br />

No of <strong>Court</strong>room Days<br />

10000<br />

8000<br />

6000<br />

4000<br />

2000<br />

0<br />

Cumulative YTD <strong>Court</strong> Usage 2006-07 Financial Year<br />

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun<br />

Monthly Usage<br />

Monthly Reserved<br />

eFiling<br />

We continued our promotion of eFiling to the profession to extend<br />

electronic accessibility. In March 2007, legal fi rms in Geelong and<br />

Warrnambool were revisited resulting in four fi rms from these cities<br />

signing up with CITEC (the <strong>Court</strong>’s eFiling provider). A highlight this<br />

year has been the increase in diversity of eFiled documents. The<br />

graph below shows the consistent increase in eFiling since 2003-04.<br />

Looking to the future, the eFiling group has written an options<br />

paper which will chart the future direction of eFiling for the <strong>Court</strong> in<br />

conjunction with our commitment to ICMS.<br />

30<br />

eFiling Trends for 2003-07<br />

By early 2007, the ‘smart courts’ upgrades to the technology video<br />

conference infrastructure had been completed in nine Melbourne<br />

<strong>Court</strong> rooms, along with upgrades in regional courts.<br />

These changes, along with the conversion of three civil jury courts for<br />

use as crime courts early in 2007, have provided greater fl exibility in<br />

court usage.<br />

Circuit Libraries<br />

During the year Library and Information Services Manager, Ian<br />

Edwards, reviewed circuit library facilities with a view to assisting<br />

future management of those libraries.<br />

Integrated <strong>Court</strong>s Management System (ICMS)<br />

Our involvement with ICMS continued through the established user<br />

reference groups and presentations. The Honourable Judge Brook<br />

Hedge addressed Judges in April 2007 on the database on which the<br />

ICMS database is modelled at the Superior <strong>Court</strong> of the District of<br />

Columbia. Matt Dalton (ICMS staff) presented the new ICMS system<br />

to Associates during the March seminar.<br />

The benefi ts of the system include its integrated approach to a single<br />

case management system for courts with a standard technology<br />

platform and applications, and a range of eServices through a single<br />

access point using high tech courtrooms.<br />

25<br />

20<br />

15<br />

10<br />

5<br />

0<br />

2003-04<br />

Total % eFiled<br />

Melb % eFiled<br />

2004-05<br />

Establishment of the Photocopy Unicard System<br />

A Unicard photocopy system was introduced in September, 2006.<br />

This new service allows customers to purchase a reusable photocopy<br />

‘credit’ card from vending machines located in the Registry area.<br />

This facility serves the many users who attend the <strong>Court</strong> to inspect<br />

subpoena documents under Order 42.10.<br />

Electronic Listing Diaries<br />

Circuit % eFiled<br />

2005-06<br />

2006-07<br />

Following the recommendations arising from the BCG report, the<br />

Registry established electronic trial listing diaries in both civil and<br />

criminal jurisdictions. The benefi ts include transparency of the listing<br />

process, accessibility for entering information into the system and<br />

ready staff access to information. The publication of criminal trial<br />

list vacancies on the website has made the listing process more<br />

accessible to parties in criminal matters.<br />

Left: Community members gather each morning to await possible selection as jurors.<br />

Right: The daily lists are readily accessible to visitors to the court.<br />

www.countycourt.vic.gov.au<br />

17


Judges of the <strong>Court</strong><br />

Judges as at 30 June 2007<br />

Date of Appointment<br />

His Honour Chief Judge Michael Rozenes 25 November 2002<br />

His Honour Judge John King Nixon 3 March 1981<br />

His Honour Judge Leonard (Len) Sergiusz Ostrowski 20 September 1983<br />

His Honour Judge James (Jim) Thomas Duggan 12 December 1984<br />

His Honour Judge Leo Richard Hart 19 March 1985<br />

His Honour Judge Michael Desmond Higgins 3 June 1988<br />

His Honour Judge Michael John Strong 6 September 1988<br />

His Honour Judge John Henry Barnett 30 January 1990<br />

His Honour Judge Roland Gwyllam Williams 10 February 1994<br />

His Honour Judge Frederick George Davey 6 April 1994<br />

His Honour Judge Edward Charles Stuart Campbell 7 June 1994<br />

His Honour Judge David Ernest Morrow, R.F.D. 7 June 1994<br />

His Honour Judge Michael Gerard McInerney 21 June 1994<br />

Her Honour Judge Margaret Ann Rizkalla 11 July 1994<br />

His Honour Judge Thomas Gideon Wodak 16 August 1994<br />

His Honour Judge Francis Julian Shelton 5 September 1994<br />

His Honour Judge William Rex White 28 February 1995<br />

His Honour Judge Anthony Philip Duckett, O.B.E. 22 March 1995<br />

Her Honour Judge Marilyn Blanche Harbison 5 February 1996<br />

His Honour Judge Timothy Mark Holt 7 October 1997<br />

Her Honour Judge Carolyn Dianne Douglas 7 October 1997<br />

His Honour Judge Tim Deneys Wood, R.F.D. 2 December 1997<br />

His Honour Judge Ian Campbell Robertson 19 January 1998<br />

His Honour Judge Graham Richard Anderson 17 March 1998<br />

His Honour Judge Lansell David Pilgrim 7 April 1999<br />

Her Honour Judge Pamela Dawn Jenkins 21 April 1999<br />

Her Honour Judge Jennifer Ann Coate 22 June 2000<br />

His Honour Judge John Richard Bowman 20 February 2001<br />

Her Honour Judge Rachelle Ann Lewitan, A.M. 16 May 2001<br />

Her Honour Judge Julie Ann Nicholson 3 July 2001<br />

His Honour Judge Graeme Geoffrey Hicks 20 August 2001<br />

His Honour Judge John Arthur Smallwood 20 August 2001<br />

Her Honour Judge Susan Michele Cohen 20 August 2001<br />

Her Honour Judge Meryl Elizabeth Sexton 20 August 2001<br />

Her Honour Judge Frances Elizabeth Hogan 2 October 2001<br />

Her Honour Judge Irene Elizabeth Lawson 26 March 2002<br />

His Honour Judge Giuseppe Gullaci 4 June 2002<br />

His Honour Judge Michael Patrick Bourke 10 September 2002<br />

Her Honour Judge Elizabeth Mary Gaynor 10 September 2002<br />

His Honour Judge Phillip James Coish 10 September 2002<br />

His Honour Judge Kenneth Ross Howie 22 October 2002<br />

Her Honour Judge Jane Anne Campton 22 October 2002<br />

His Honour Judge Roy Francis Punshon 8 April 2003<br />

Her Honour Judge Wendy Anne Wilmoth 8 April 2003<br />

His Honour Judge Geoffrey Thomas Chettle 2 December 2003<br />

Judges as at 30 June 2007<br />

Her Honour Judge Frances Millane 2 December 2003<br />

Left: commodi onullan diatum aute esequis digna vel dunt onullan diatum aute esequis digna vel dunt.<br />

Date of Appointment<br />

Her Honour Judge Sandra Sabrina Davis 26 October 2004<br />

Her Honour Judge Felicity Pia Hampel 9 February 2005<br />

Her Honour Judge Jeanette Gita Morrish 9 August 2005<br />

His Honour Judge Julian Peter Leckie 9 August 2005<br />

His Honour Judge Paul Douglas Grant 26 April 2006<br />

His Honour Judge David Anthony Parsons 22 August 2006<br />

Her Honour Judge Susan Elizabeth Pullen 22 August 2006<br />

His Honour Anthony John Howard 3 October 2006<br />

Her Honour Judge Lisa Anne Hannan 3 October 2006<br />

His Honour Judge Michael Damian Murphy 24 October 2006<br />

Her Honour Judge Maree Evelyn Kennedy 1 May 2007<br />

Acting Judges<br />

Date Of Election<br />

His Honour Judge Chester Stewart Keon-Cohen 3 August 2001<br />

His Honour Judge John Anthony Dee 31 August 2001<br />

His Honour Judge Graeme Reuben Glover Crossley 31 July 2003<br />

His Honour Judge William Michael Raymond Kelly 29 November 2005<br />

Acting Judges<br />

Date Of Appointment<br />

His Honour Judge Barry Robert Dove 22 January 2003<br />

His Honour Judge Gordon David Lewis, A.M. 31 May 2004<br />

His Honour Judge Francis Gilbert Dyett 1 May 2005<br />

His Honour Judge Leslie Charles Ross 4 May 2005<br />

Registrar<br />

Date Of Appointment<br />

Ms Ann Matheson 24 May 2004<br />

Appointments, Deaths And Retirements<br />

His Honour Judge S P Gebhardt<br />

22 August 2006<br />

retired as a Judge<br />

His Honour Judge D A Parsons<br />

22 August 2006<br />

appointed as a Judge<br />

Her Honour Judge S E Pullen<br />

22 August 2006<br />

appointed as a Judge<br />

Her Honour Judge E H Curtain<br />

3 October 2006<br />

elevated to the Supreme <strong>Court</strong><br />

His Honour Judge A J Howard<br />

3 October 2006<br />

appointed as a Judge<br />

Her Honour Judge L A Hannan<br />

3 October 2006<br />

appointed as a Judge<br />

Her Honour Judge J M Pannam<br />

7 October 2006<br />

retired as a Judge<br />

His Honour Judge B H Stott<br />

20 October 2006<br />

retired as a Judge<br />

His Honour Judge M D Murphy<br />

24 October 2006<br />

appointed as a Judge<br />

His Honour Judge F B Lewis<br />

28 November 2006<br />

retired as an Acting Judge<br />

His Honour Judge J R Hanlon passed away 26 January 2007<br />

Her Honour Judge M E Kennedy<br />

1 May 2007<br />

appointed as a Judge<br />

Right: commodi onullan diatum aute esequi adiat aute vel commodi onullan diatum aute esequi adiat aute vel.<br />

18<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


<strong>Court</strong> Links with<br />

External Organisations<br />

Judges of the <strong>Court</strong> contribute to external committees, tribunals and<br />

working parties. The short list (at June 2007) below provides some<br />

insight into the diverse involvement of the <strong>Court</strong> in the wider justice<br />

community. Judges also meet internally to respond to requests for<br />

submissions and comment on a wide range of justice matters.<br />

Tribunals and Boards<br />

Judge<br />

<strong>Court</strong>s and Tribunals Committees<br />

Judge<br />

Adult Parole Board<br />

Judge Douglas<br />

<strong>Court</strong>s Consultative Council<br />

Chief Judge Rozenes<br />

Judge Rizkalla<br />

Council of Legal Education<br />

Chief Judge Rozenes<br />

Forensic Leave Panel<br />

Judge Gaynor<br />

Judge Wilmoth<br />

Judicial College of Victoria<br />

Judge Gullaci<br />

Chief Judge Rozenes<br />

Integrated <strong>Court</strong>s Management System (ICMS)<br />

Judicial Committee<br />

Chief Judge Rozenes<br />

Racing Appeals Tribunal<br />

Judge Nixon<br />

Judicial Assistance Committee<br />

Judge Campton<br />

Victorian Civil and Administrative Tribunal<br />

Youth Parole Board<br />

Judge Williams<br />

Judge Nicholson<br />

Judge Hicks<br />

Judge Bowman<br />

Judge Harbison<br />

Judge Barnett<br />

Legal Precinct Masterplan Committee<br />

Sexual Assault Advisory Committee<br />

<strong>Court</strong> User Groups<br />

Technology Committee<br />

Chief Judge Rozenes<br />

Chief Judge Rozenes<br />

Judge Sexton<br />

Judge Jenkins<br />

Judge<br />

Judge Bourke<br />

Building List User Group (Chair)<br />

Judge Shelton<br />

Professional Organisations<br />

Judge<br />

Commercial List User Group (Chair)<br />

Judge Anderson<br />

Australian Institute of Judicial Administration<br />

(AIJA) Council<br />

Australian Institute of Judicial Administration<br />

(AIJA) Education Committee<br />

Chief Judge Rozenes<br />

Judge Wodak<br />

Criminal User Group (Chair)<br />

Litigation Lawyers Group (Chair)<br />

Medical List User Group (Chair)<br />

Chief Judge Rozenes<br />

Judge Davis<br />

Judge Wodak<br />

Judicial Conference of Australia<br />

Judge McInerney<br />

Judicial College of Victoria Syllabus Advisory<br />

Committee<br />

Judge Wodak<br />

Judge Wilmoth<br />

Legal Aid Consultative Committee<br />

Judge Williams<br />

Judge Robertson<br />

National Judicial Orientation Program Steering<br />

Committee<br />

Judge Wodak<br />

Victorian Law Reform Commission<br />

Judge Coate<br />

Judge Hampel<br />

Judge Ross<br />

Forensic Leave Panel<br />

Judge Davis<br />

Judge Gaynor<br />

Judge Pullen<br />

Judge Howard<br />

Victorian Institute of Forensic Medicine<br />

Judge Sexton<br />

www.countycourt.vic.gov.au 19


Operating Statement and<br />

Financial Summary<br />

The <strong>County</strong><br />

<strong>Court</strong> Operating<br />

Statement is<br />

consolidated<br />

into the<br />

Department of<br />

Justice Annual<br />

Report<br />

The Operating Statement and Financial Summary<br />

sets out the revenue (in the form of fi nes and<br />

fees collected) and operational expenditure of the<br />

<strong>Court</strong> for the year ended 30 June 2007, including<br />

comparisons with 2005-06 (see below). Victorian<br />

Government Departments are required to produce<br />

their annual reports in accordance with Standing<br />

Direction 4 Financial Management Reporting of<br />

the Financial Management Act 1994. Information<br />

from the <strong>County</strong> <strong>Court</strong> is consolidated into the<br />

Department of Justice Annual Report.<br />

The following explanatory comments are offered:<br />

Special Appropriations<br />

• The salaries and on costs for Judges were<br />

affected by the appointment of one (1)<br />

additional Judge in August 2006 to support<br />

the Sexual Offences List<br />

• The Judicial Remuneration Tribunal (JRT)<br />

recommendation for a salary increase for<br />

Judges was implemented<br />

Annual Appropriations<br />

• The impact of the Victorian Public Service<br />

Agreement 2004 provided for a general salary<br />

increase<br />

• Effi ciencies in operating expenditure were<br />

offset by salary and associated expenses of<br />

judicial staff supporting sitting Reserve and<br />

Acting Judges<br />

Annual Provisions<br />

Capital Purchases include a cost component for<br />

Finance Lease Repayments, Motor Vehicles. For the<br />

fi nancial year 2006-2007, the cost was $333,095,<br />

compared with $171,376 for the previous fi nancial<br />

year. This increase is due to the <strong>Court</strong>’s fl eet cars<br />

being paid through the VicFleet lease arrangements<br />

which are paid from Annual Provisions.<br />

Operating Statement for the year ended June 30, 2007<br />

2006-07 2005-06<br />

$ $<br />

Collection of Fines and Fees<br />

<strong>Court</strong> Fines 381,389 329,781<br />

<strong>Court</strong> Fees 4,711,962 5,121,625<br />

Total Revenue 5,093,351 5,451,406<br />

Operational Expenditure<br />

Judicial Salaries and On-Costs 17,660,191 17,073,090<br />

Output Expenditure, comprising:<br />

Staff Salaries and On-Costs 10,042,586 9,788,401<br />

Operating Costs 3,192,547 2,988,881<br />

Capital Purchases 405,499 187,434<br />

Total Operational Expenditure 31,300,823 30,037,806<br />

$’000<br />

6000<br />

5000<br />

4000<br />

3000<br />

2000<br />

1000<br />

0<br />

Collection of Fines and Fees (Consolidated Funds)<br />

– 2005-06 to 2006-07<br />

2005-06<br />

<strong>Court</strong> Fines<br />

<strong>Court</strong> Fees<br />

2006-07<br />

$’000<br />

Operating Expenditure – 2005-06 to 2006-07<br />

18000<br />

16000<br />

14000<br />

12000<br />

10000<br />

8000<br />

6000<br />

4000<br />

2000<br />

0<br />

2005-06<br />

Judicial Salaries and On-Costs<br />

Operating Costs<br />

2006-07<br />

Staff Salaries and On-Costs<br />

Capital Puchases<br />

20<br />

<strong>County</strong> <strong>Court</strong> of Victoria 2006/07 Annual Report


Moving Ahead<br />

The <strong>County</strong> <strong>Court</strong> of Victoria: delivering fair and accessible<br />

justice to all Victorians.<br />

Next year will be an exciting and busy year for the <strong>Court</strong> as members of the Judiciary<br />

as well as <strong>Court</strong> staff continue to engage with professional bodies; support community<br />

organisations; and share knowledge and expertise with students in Victoria and overseas.<br />

Our strategic priorities and major initiatives for the coming year include:<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

The development of a new 3-year strategic plan<br />

The engagement of a <strong>County</strong> <strong>Court</strong> Communications Manager<br />

The completion of the work on levels 8 and 9 to provide 8 more courts expected to<br />

conclude in early 2008<br />

Ongoing review of the implementation of the BCG recommendations<br />

Transition of the <strong>County</strong> <strong>Court</strong> website to a new platform<br />

Working towards the establishment of a Koori Division of the <strong>County</strong> <strong>Court</strong><br />

Continued strong communication links with all regional <strong>Court</strong>s<br />

Ongoing support and development opportunities for staff<br />

Increased community use of the <strong>Court</strong> for events, such as the Readers’ Feast Crime<br />

& Justice Festival and an exhibition of artworks during Law Week<br />

Continued focus on streamlining court procedure and reducing delay<br />

•<br />

www.countycourt.vic.gov.au 21


<strong>County</strong> <strong>Court</strong> of Victoria<br />

250 William Street<br />

Melbourne, Victoria 3000<br />

Telephone: 8636 6510<br />

www.countycourt.vic.gov.au<br />

Printed on recycled paper

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