Present:
Justice Finn
Justice Mansfield
Justice Lander
Justice Besanko
Patricia Christie
Grant Feary
Jan Martin
Michael Durrant
Arlene Macdonald
Tim Mellor
Apologies:
John Wilkinson
Paul Boylan
Neville Rochow
Dami Sheldon
Frank Camatta
1. Welcome
Justice Mansfield welcomed those present.
2. Action items from previous meeting (25 October 2007)
The action items from the previous meeting were noted.
South Australian practitioners did not have any concerns with the way the robing practices protocol which has now been put in place is working.
Grant Feary provided a further update of the progress of the Legal Profession Bill 2007 (SA) and the difficulties which have been encountered in having this legislation passed. He noted that delay in passing the Bill will cause significant issues for practitioners and that the Law Society is working hard in trying to assist the passage of the Bill.
3. Federal Court Issues
3.1 Information Lectures
Justice Mansfield noted that a number of information lectures have recently been held and that these were well attended. He invited feedback from participants in relation to those lectures and asked if they had any other particular topics which they thought should be the subject of future sessions. Practitioners indicated that they will advise the Court if possible topics come to their attention. Patricia Christie noted that the federal procedure presentation could be held annually (the last session being held in October 2007) and that Justice Finn had also indicated that he was happy to hold an annual lecture in relation to federal jurisdiction.
3.2 Updates:
3.2.1 Costs Review
Patricia indicated that the review has progressed only slowly since the last meeting but that a draft possible modernised scale had been forwarded to the taxing officers within the Court for their comments and those comments had been provided and were currently being collated. She noted that any change to the scale would need to be approved by a judges’ committee, probably the National Practice Committee but that there had been some change in committee structure in recent months and that had not yet been confirmed.
3.2.2 Joint Costs Advisory Committee
Patricia indicated that invitations for submissions in relation to the quantum of costs prescribed in current scales of the High Court, Federal Court, Family Court and Federal Magistrates Court had been sent to relevant bodies in March of this year with submissions due by the 6th June 2008. Jan Martin confirmed that the Law Society had received the invitation and that this had been referred to the Law Society’s costs committee.
3.2.3 E-Services
Patricia noted that the portal was now “up and running” and that the website address for that is www.comcourts.gov.au. She advised that there would be increasing functionality in the portal over time and that it was anticipated that there would be engagement with practitioners’ groups in approximately mid June to invite feedback and testing in relation to an upgraded e-lodgment system through the portal. She also advised that Practice Note 17 which dealt with technology issues would shortly be available in draft for feedback. Patricia noted that presentations to interested firms were continuing and again invited any participants who would be interested in a presentation to contact her.
3.3 Notice to practitioners and Litigants (Taxation)
Justice Mansfield noted that a new Notice to Practitioners had recently issued in relation to the case management of taxation matters and that this had been the subject of a national user group forum on 17 April 2008. He indicated that the Notice had been devised in consultation with the Law Council of Australia and that in his view the procedures set out in the Notice were designed primarily to deal with issues which had arisen in the eastern States. Arlene Macdonald confirmed that no issues had arisen in South Australia in relation to dealing with taxation matters but indicated that the Notice did appear to deal appropriately with the issues that had arisen in the eastern States.
4. Law society/participant issues
4.1 Review of Federal Courts
The Law Society noted that an article had appeared in the legal affairs section of The Australian on Friday 25 April 2008 in relation to the Federal Courts review and queried whether or not this would likely cause any impact in the general law area. Justice Mansfield advised that the Court had no better understanding of the likely outcome of this review than the practitioners. It is understood that Mr Des Semple who is conducting the review is due to report by the end of the month. Grant Feary indicated that he would ensure that the Law Society responded in an appropriate fashion.
5. Other business
5.1 Progress of the Legal profession Bill 2007 (SA)
See above (Item 2).
Other items
Case Management Law Council of Australia and Federal Court Workshop
Justice Mansfield advised that the Law Council of Australia/Federal Court Workshop on case management had been conducted in March and appeared to have been well received. He noted that any initiatives which would be forthcoming as a result of that workshop are likely to be introduced earlier rather than later, and as a result, if the Law Society has any views which differ from those of the Law Council in relation to case management issues they should make them known as soon as possible. Grant Feary noted that no feedback had yet been received by the Law Society from the participants in relation to the workshop but it was expected shortly.
Grant Feary noted that there had been consultation in relation to the appointment of judges to the High Court and in relation to interstate Federal Court appointments. He also noted that the ‘QC’ system had now been abolished to be replaced by the appointment of senior counsel by the Chief Justice of the Supreme Court without approval from the Attorney-General.
Next meeting: The next meeting will be held in approximately six months.
