Circuit Facts and FiguresIn keeping with our responsibility toadminister justice for all <strong>Victoria</strong>ns,the <strong>Court</strong>’s Judges sit at 13 regionalcentres across the State.Judges conduct circuits throughoutthe year, allowing litigants, witnessesand accused persons to appear attheir local court rather than travellingto Melbourne.The information below summarisesfacts and figures regarding the work<strong>of</strong> the <strong>Court</strong>’s Judges on circuit.• During 2004–05, Judges held115 circuit sittings (111 in2003–04).• Each Judge presides over two(sometimes three) circuits peryear.• In general, circuits extend overa period <strong>of</strong> one month’s duration,although some circuitswill be scheduled to accommodatefewer cases and thereforelast for a shorter period (e.g.one to two weeks).• Circuit locations have a specificcourtroom set aside for use bythe <strong>County</strong> <strong>Court</strong>.• An associate and tipstaffaccompany the Judge on his orher circuit.• The larger circuit courts (suchas Ballarat, Bendigo andGeelong) can accommodatemore than one Judge sitting atthe same time.• As many as 10 to 12 Judgesmay be on circuit at any onetime, representing 18–20% <strong>of</strong>Judges.• Circuit sittings provide avaluable service to <strong>Victoria</strong>nslocated in regional areas.• Circuits may be allocated forhearing either criminal or civilcases, or be general in nature,hearing cases in both jurisdictions.• Criminal matters heard oncircuit include trials, pleas andappeals.• Three Judges regularly visitregional locations to conductcriminal pre-trial hearings.• Civil matters heard on circuitinclude matters from theBusiness List and Damages Listand may include serious injuryapplications.• Some circuits are specificallyorganised for WorkCovercases.• Judges conduct Civil pre-trialhearings by video link withcircuit court locations.• A Judge may deal with adoptionmatters on circuit.His Honour Chief Judge Rozenesspeaks at the <strong>of</strong>ficial opening <strong>of</strong> theMildura Law <strong>Court</strong>s on 23 November2004. His Honour Judge Pilgrim conductedthe first <strong>County</strong> <strong>Court</strong> hearingat the new premises.Civil Case Activity by Location—2003–04 to 2004–05Initiated Finalised PendingLocation 04–05 03–04 04–05 03–04 04–05 03–04Bairnsdale 2 9 1 2 n/a 14Ballarat 87 162 153 156 72 202Bendigo 86 142 110 96 55 192Geelong 145 243 169 193 60 288Hamilton 23 45 56 40 22 87Horsham 8 4 3 10 0 5Mildura 54 42 48 45 35 45Morwell 68 167 133 122 69 199Sale 8 9 1 5 n/a 19Shepparton 23 76 23 65 13 108Wangaratta 76 77 59 207 39 104Warrnambool 125 164 146 89 143 240Wodonga 39 90 57 42 54 139Total 744 1,230 959 1,072 562 1,642Criminal Case Activity by Location—2003–04 to 2004–05Initiated Finalised PendingLocation 04–05 03–04 04–05 03–04 04–05 03–04Bairnsdale 22 8 15 7 19 7Ballarat 68 84 62 74 50 61Bendigo 70 87 80 77 59 78Geelong 70 94 96 107 55 77Hamilton 8 2 3 5 7 2Horsham 10 23 16 17 7 14Mildura 32 32 32 29 26 28Morwell 68 81 74 81 52 72Sale 4 4 5 4 1 2Shepparton 53 53 36 33 50 41Wangaratta 27 15 14 28 23 14Warrnambool 14 10 12 18 9 5Wodonga 16 8 12 15 12 8Total 462 525 457 524 370 423n/a: Bairnsdale, Sale, and Morwell work collaboratively to deal with managing the lists.The decrease in pending cases can be attributed to disposing <strong>of</strong> numerous tort law reform cases referred to on page 20.<strong>Court</strong> Performance 33
<strong>Court</strong> Focus on Serious InjuryIn response to the needs <strong>of</strong> the community and keyuser groups, the <strong>Court</strong> established the WorkCover(Section 134AB) Division.In response to the needs <strong>of</strong> theright to sue. The new sectionwould impact was a matter <strong>of</strong>In April 2004, the <strong>Court</strong> respondedcommunity and key user groups,imposed significant conditions,judgment by the <strong>Court</strong>, aided bywhen the Council <strong>of</strong> Judgesthe <strong>Court</strong> established thewhich must be satisfied by thestatistics.approved the creation <strong>of</strong> the 134ABWorkCover (Section 134AB)plaintiff before a <strong>Court</strong> couldThe warnings became clear bylist and, subsequently, amendmentsDivision as part <strong>of</strong> its Melbournegrant leave to issue proceedingsMarch and April 2004. In Aprilto the Rules. The cooperation <strong>of</strong> theWorkCover List.for damages.2004, the <strong>Court</strong> held meetings withRegistry <strong>of</strong> the <strong>Court</strong> has been signif-BackgroundThe passing <strong>of</strong> the AccidentCompensation (MiscellaneousAmendment) Act 1997 by the thenGovernment, removed the entitlement<strong>of</strong> injured workers to obtaindamages at common law if injuredafter 12 November 1997.The abolition <strong>of</strong> such a rightremained in place until the passing<strong>of</strong> the Accident Compensation(Common Law and Benefits) Act2000. This Act amended theAccident Compensation Act 1985by limiting s.134AA <strong>of</strong> the section to20 October 1999 and by the insertion<strong>of</strong> s.134AB, which restored theImpact on the <strong>Court</strong>As is evident by the graph shownbelow, the impact on the <strong>Court</strong> wasnot immediate. This impact wasexpected by the <strong>Court</strong> because theconditions, which are set out in thelegislation, such as those thatrequire pro<strong>of</strong> <strong>of</strong> a 40% loss <strong>of</strong> earningcapacity, which is permanent,together with such matters as provingthat a person cannot be rehabilitated,are matters that take, in mostcases, a considerable period <strong>of</strong> time,particularly in cases where people,from a strictly medical point <strong>of</strong> view,have been badly injured. However,the ascertainment <strong>of</strong> when the casesthe <strong>Victoria</strong>n WorkCover Authority,representatives <strong>of</strong> the Authorities’panel solicitors, and a group <strong>of</strong>solicitors who would be expected toact for the plaintiffs. Those meetingswere held in a spirit <strong>of</strong> absolutecooperation. Furthermore, they confirmedthat the <strong>Court</strong> should be preparedfor a substantial increase inlodgements. A committee drawnfrom the panel and plaintiffs’ solicitorsdrew up a draft list <strong>of</strong> ordersthat were designed to be as short aspossible but that would allow eachside to properly present their casesbefore the <strong>Court</strong>.icant. A notice <strong>of</strong> a DirectionsHearing is automatically issued tothe parties 90 days from the filing <strong>of</strong>an appearance. The cases are fixedat that hearing.The <strong>Court</strong> will aim to expedite theprogress <strong>of</strong> cases in this new listthrough careful management. Forinformation regarding 2004–05case statistics, refer to page 26.Number <strong>of</strong> Cases Filed under Section 134AB—January 2003 to July 2005No1009080Changes in legislation impactedupon the work <strong>of</strong> the <strong>Court</strong>. In thearea <strong>of</strong> serious injury the impact <strong>of</strong>legislative change was not immediate.However, with careful monitoringthe <strong>Court</strong> became aware <strong>of</strong> thetrends in serious injury applicationsand responded accordingly.70605040302010034Jan Feb Mar03 03 03Apr May03 03Jun03Jul Aug Sep Oct03 03 03 03Nov Dec03 03Jan04Feb Mar04 04Apr May04 04<strong>County</strong> <strong>Court</strong> <strong>of</strong> <strong>Victoria</strong> 2004–05 Annual ReportJun04Jul Aug Sep04 04 04Oct04Nov Dec04 04Jan05Feb Mar05 05Apr May05 05Jun05Jul05