After consultation with representatives
of the legal profession nationally and after giving consideration
to developments in case management and listing techniques
in Australia and overseas, the Federal Court of Australia
adopted the individual docket system as the basis of
its listing and case management system throughout Australia.
The general principle underlying the
individual docket system is that each case commenced
in the Court is to be randomly allocated to a judge of
the Court, who is then responsible for managing the case
until final disposition. The individual docket system
aims to encourage the just, orderly and expeditious resolution
of disputes. It also seeks to enhance the transparency
of the processes of the Court.
Key Elements
Cases are randomly allocated to judges.
A case ordinarily stays with the same judge from commencement
until disposition.
Cases in some areas of law requiring
particular expertise (including intellectual property,
taxation and admiralty) are allocated to a judge who
is a member of a specialist panel. Such cases are randomly
allocated to members of the particular panel. This system
replaces the former specialists lists.
The Docket judge makes orders about
the way in which the case should be managed or prepared
for hearing. The Court may direct that special procedures
be used, including case management conferences and referrals
to mediation.
The Docket judge monitors compliance
with directions, deals with interlocutory issues and
ensures that hearing dates are maintained.
Objectives of the Individual
Docket System
Savings in time and cost resulting
from the Docket judge's familiarity with the case. In
particular, the system seeks to eliminate the necessity
to explain the case afresh each time it comes before
a judge.
Consistency of approach throughout
the case's history.
Fewer management events with greater
results. In particular, the system aims at reducing the
number of directions hearings and other events requiring
appearances before the Court.
Discouragement of interlocutory disputes
or, alternatively, swift resolution of those disputes.
Better identification of cases suitable
for assisted dispute resolution (mediation).
Earlier settlement of disputes or,
failing that, a narrowing of the issues and a consequent
saving of Court time.
Early fixing of trial dates and maintenance
of those dates.
Hearing Dates
Judges allocate hearing dates for
matters in their own dockets. If a party has a concern
about a delay in either obtaining a hearing date or in
the proposed date allocated, they should raise the concern
with the docket judge. If the Docket judge is unavailable,
the concern should be raised with the District Registrar.
Appellate Work of the Court
The Full Court sittings of the Federal
Court occur in four set periods each year. This system
of rostering appellate work during set periods allows
judges greater capacity to manage their own dockets outside
the Full Court sittings.
If the circumstances require it, a
Full Court may sit in capital cities to deal with urgent
matters on dates outside the nominated periods.
