Federal Court User Group Liaison
Committee - NSW - Minutes
Monday 24 July 2006, 4.30 pm
Present:
Justice Tamberlin, Federal Court of Australia (Convener)
Justice Emmett, Federal Court of Australia
Justice Stone, Federal Court of Australia
Michael Wall, Federal Court of Australia
Jenny Hedge, Federal Court of Australia
Tony Tesoriero, Federal Court of Australia
Stephanie Kavallaris, Federal Court of Australia
Malcolm Oakes SC, (Representative) NSW Bar Association
Richard Cobden SC, (Representative) NSW Bar Association
Rhonda Henderson, (Representative) NSW Bar Association
Stuart Westgarth, (Representative) Law Society of NSW
Julie Robb, (Representative) Law Society of NSW
1. Minutes of Meeting of 22 September 2004
The minutes, circulated prior
to the meeting were adopted.
2.
The new Practice Note on the Law Society maintaining a list of independent solicitors for Anton Piller Orders.
Stuart Westgarth and Julie Robb reported that the Litigation Committee of the Law Society is asking for names of solicitors with their relevant experience to go on a list and is considering training. It may be some weeks before a list is available to the Court.
3.
Draft Exhibits Procedures /Policy.
Jenny Hedge reported that a national policy is being developed, any comments, suggestions from relevant committees would be appreciated. Presently exhibits and subpoenaed documents are returned after the appeal period. There had been a backlog in NSW but there was a blitz and the Registry is now up to date.
4. Law Council submission on reform / innovations to case management in the FCA- update.
Justice Emmett reported that this submission is presently under consideration. A final paper is to be prepared by the Law Council and will be presented to the Court for consideration.
5. Caseload Update for NSW Registry Michael Wall distributed a reported on NSW statistics and they were discussed.
6. Registry relocation and FCA Refurbishment Project
Michael Wall reported that refurbishment of the building will start early December 2006 or January 2007. The Judges and the Court rooms remain in the building during the refurbishment.
7. Registry Transformation Project.
Michael Wall reported on changes in the Registry and then on eFiling.
Justice Tamberlin discussed the benefits of eCourt and eSearch.
8. Appellate procedure- update.
Tony Tesoriero reported that Justice Branson is now the co coordinator for non migration appeals. It was suggested that her recent paper on Appeals in the Federal Court be circulated.
9. Docket Management and the role of the List Judge and the District Registrar (ie jammed dockets).
This was discussed and noted that if there is a problem it should always be referred to the docket judge. If the docket Judge is unavailable then it is to be referred to the list Judge, Emmett J.
10. Rules Revision Committee- update
Tony Tesoriero reported that the Rules Revision Committee is meeting on 4 August 2006 to consider part of the draft revised rules.
11.
Update of any relevant / topical Policy Planning Committee issues / Judges Meetings issues.
Security in the Court room was discussed and a letter recently sent to the Legal Profession by the Registrar was distributed. Justice Tamberlin asked the District Registrar to confirm that people in detention or custody are searched for weapons when they come to court.
Michael Wall reported that the Sheriffs Office no longer provides security on level 3 of the Law Courts Building because of a funding issue. It will go to tender. \
12.
Any other business
Justice Emmett asked the Law Society to look at a list of solicitors to take referrals pursuant to order 80 of the Federal Court Rules.
13. Next Meeting
It was agreed the next meeting would be held on Monday, 27 November 2006 at 4.30pm.
