Message from the Chief Justice of the Federal Court of Australia, the Hon Chief Justice Mortimer
Trans-Tasman Bar Conference 2024: The Timeless Value of Insight & Wisdom
Appointment of Members to the Administrative Review Council
Human Rights Law Trans-Tasman Conference
Updates to the High Court Registry Service Charter
Commonwealth Lawyers Association Webinar Program
Australian Academy of Law Annual Essay Prize
The 24th Commonwealth Law Conference 2025
Annual federal courts and tribunals fee increases from 1 July 2024
Colleagues,
I am delighted to have the opportunity to inform you of those matters that the ABA has been actively involved in on behalf of the national Bar since my last President’s Message
Proposed taxation changes to adversely affect the pension entitlements of current, former and future Commonwealth and Territory judicial officers
It has been necessary for me to speak on behalf of the Bar in relation to the proposal to adversely affect the pension entitlements of Commonwealth and Territory judges. I consider this matter of such importance that I have shared my correspondence with the membership – see here; and here.
Unfortunately, the complete lack of consultation or engagement around this topic has left me with no alternative but to approach the matter in this way. This is a large, institutional issue for the rule of law in Australia. Rightly, the Commonwealth and Territory judiciary has not engaged in the public debate, but that emphasises the need for the Bar to take up the argument against what is, in truth, an institutional attack on the independence of the Commonwealth and Territory judiciary.
I will keep you informed of the progress of this matter.
Commonwealth civil and criminal fees
I recently met with Vice-President Michael Izzo SC and Michael Johnson, Assistant Secretary, Office of Legal Services Coordination, and Kathryn Haigh, First Assistant Secretary, Legal Services and Royal Commissions Division, regarding the rates paid by the Commonwealth in civil matters. Michael Izzo and myself emphasised how uncommercial and inappropriate the rates were, both as to total amount and the formulation of charging.
Unsurprisingly, whilst acknowledging the criticism, no commitment was given by the OLSC in relation to altering the rates. However, it has been agreed that a periodic meeting will be held between representatives of the ABA and the OLSC to seek to address the profession’s concerns in this regard. Another meeting has already been organised for the end of January next year.
I also met recently with the newly appointed Commonwealth Director of Public Prosecutions, Raelene Sharp KC. That was a very productive meeting with the Commonwealth Director. The CDPP has been proactive in ensuring the rates paid by the Commonwealth for counsel fees are reviewed, and to endeavour to make them realistic against rates paid outside the CDPP for comparable work.
The CDPP is also taking steps to proactively promote and facilitate members receiving briefs from the CDPP. I would encourage anybody who is interested in this area of practice to take up that opportunity.
I will be meeting with the Commonwealth Director again.
Cybersecurity
I have previously written to you regarding the exposure we have as practitioners in this regard.
A working group of Ben Kremer SC (chair), Andrew Luchich, Michael Seelig, Jennifer Flinn, along with Brendan Read and Tony Vizza of KordaMentha, has been established to address this real area of risk for us as practitioners. I will report back to you in relation to that shortly.
Federal Incorporated Council of Law Reporting
I am pleased to report that steps are well underway to have the Federal Incorporated Council of Law Reporting established with a view to endeavouring to facilitate more appropriate and cost-effective access to law reports.
Best Practice Guidelines
The Best Practice Guidelines continue to be promulgated, and are now being, when finalised, uploaded to the ABA website. I would encourage you to consider the use to which you might be able to make of them in practice.
Joint conference with the New Zealand Bar Association in Queenstown
I am pleased to report that the joint conference with the New Zealand Bar Association in Queenstown in August is now a sell-out. I look forward to meeting members at it. I would particularly like to thank the Chair of Conferences, Sam Hay KC, and the CEO, Professor Greg Tolhurst, for their excellent work in this regard.
This year continues to be productive for the Federal Court. I have now completed registry visits to each of the Federal Court’s registries with the Court’s CEO and Principal Registrar, Sia Lagos, and with members of the Court’s Executive. The discussions with the profession were very valuable and I look forward to continued engagement going forward.
On 6 May 2024, the Court farewelled Justice Anthony Besanko. Justice Besanko was appointed to the Federal Court on 3 April 2006, after approximately four and a half years of service on the Supreme Court of South Australia. During his service as a Federal Court Judge, Justice Besanko also held additional judicial responsibilities including as a Judge then Chief Justice of the Norfolk Island Supreme Court and other commissions on the ACT Supreme Court. The Federal Court has been fortunate to have a person of his intellectual capacity, wisdom and dedication serve for 18 years on Federal Court of Australia. I sincerely thank Justice Besanko for his service to the Australian community and I wish him the very best in his retirement.
The Federal Court Legislation Amendment Rules 2024 were registered on 4 June 2024 and came into effect on 5 June 2024. An announcement was issued on 4 June 2024 and is available on the Federal Court’s website here. These amendments:
In March 2024, Justice Kyrou and Justice Hespe (President and Deputy President of the AAT) delivered plenary addresses at the Whitlam Institute CPD seminar on “A New System of Federal Administrative Review”. The CPD event was held at the Melbourne Registry in Court 1. A seminar with the Commercial Bar (Intellectual Property & Trade Practices section), in collaboration with the Federal Court, titled “The Bar & Bench: Efficient management of intellectual property disputes” was recently also hosted at the Melbourne Registry. The panel comprised Justice Burley, Justice Rofe and Adrian Ryan SC with insights also offered by Senior National Judicial Registrar Alison Legge.
In my meetings with the profession as part of my visits to each Registry earlier this year, I emphasised that the Court welcomes opportunities to collaborate with the profession including in hosting events and seminars in our courtrooms.
I have recently had the pleasure of delivering the keynote address at the Queensland Law Society Symposium in March 2024 and more recently at the AIATSIS Summit in Melbourne where I chaired a panel discussion on the next 30 years of the native title system. The panel included Kevin Smith, President of that National Native Title Tribunal, Katie Kiss, Aboriginal and Torres Strait Islander Social Justice Commissioner, Tony McAvoy SC, Tricia Stroud, Registrar of Aboriginal and Torres Strait Islander Corporations, Jamie Lowe, CEO of the National Native Title Council, and Joe Morrison, Group CEO of the Indigenous Land and Sea Corporation.
Justice Wigney also recently travelled to Vanuatu to participate in the Advanced Judicial Officers’ Fraud and Corruption Workshop for the Pacific Judicial Integrity Program, funded by the Department of Foreign Affairs and Trade. Justice Wigney coordinated a workshop with Justice Teresa Berrigan of the Papua New Guinea Supreme and National Courts.
On Wednesday 15 May 2024, the Federal Court of Australia and the Supreme Court of the Philippines signed a Memorandum of Understanding (MOU).
The signing of the MOU took place virtually and will promote increased cooperation between the Courts. It was signed by Chief Justice Gesmundo at the Supreme Court of the Philippines and I signed the MOU from the Sydney registry of the Federal Court of Australia. Arising from the MOU, I will set up regular meetings/consultations with Chief Justice Gesmundo and work has already started to set up working groups in collaboration with the Supreme Court of the Philippines in the areas of competition law and class actions law. Justice Halley and Senior National Judicial Registrar & District Registrar Paul Farrell will represent the Federal Court in the competition law working group. Justice Murphy and Senior National Judicial Registrar Alison Legge are the Federal Court’s representatives in the class actions law working group.
In June 2024, members of the Federal Court will be travelling to Indonesia to celebrate 20 years of working with the Supreme Court of Indonesia under Memorandum of Understanding. A new MOU for the next five years will also be signed. The Federal Court looks forward to continuing to strengthen this longstanding relationship with the Supreme Court of Indonesia.
Finally, and of interest to readers of this publication, the Court is pleased to have launched an oral history podcast entitled “Lives and Times of Judges of the Federal Court of Australia”. Interviews with the Honourable Michael Black AC KC, the Honourable William Gummow AC KC and the Honourable James Allsop AC SC are published on the Federal Court website. The podcasts are the work of noted writer, arts journalist and podcaster, Fiona Gruber. Over the coming months, Ms Gruber will interview the Honourable Robert French AC, and the Honourable Susan Kenny AM KC. Ten podcasts are planned over the next year.
The upcoming Trans-Tasman Bar Conference in August 2024 is now sold out! Details are being finalised, and all information can be found at the conference website here. If you would like to join the waitlist, please submit your details here.
The Australian Government is seeking applications from suitably qualified persons for appointment as members of the Council.
The Administrative Review Council
The Administrative Review Council is an independent statutory authority that was first established under the Administrative Appeals Tribunal Act 1975 as a key element of the administrative review system. The Council, which has not operated since 2015-16, will be re-established under section 246 of the Administrative Review Tribunal Act 2024 (ART Act).
The Council will be an expert body to monitor, advise on and promote the operation and integrity of the Commonwealth administrative review system. The functions of the Council include to:
The Council will strive for excellence in research and analysis ensuring that the Council’s reporting and recommendations promote a system of administrative law and administrative decision making that is as effective as it can be. The Council’s publications will be relied upon to support better decision making across government.
The Council membership will comprise a Chair and up to 10 members appointed by the Governor-General, in addition to ex-officio members. The Chair and member appointments will take effect following commencement of the ART Act. The Council will be supported by a Secretariat within the Attorney-General's Department.
Further information about the Council and about the new system of federal administrative review is available at the Attorney-General's Department website.
Information for applicants
The appointments will be on a part-time basis for a term of up to five years. Remuneration and allowances for the positions are set by the Remuneration Tribunal. Information about the position, including remuneration, eligibility and selection criteria, and details on how to apply for appointment as a member, is available on the Attorney-General’s Department website Careers page – https://www.ag.gov.au/about-us/careers/statutory-appointments.
Applications close at 5:00pm AEDT on 26 July 2024.
Enquiries can be directed to appointments@ag.gov.au.
Congratulations to the members of the profession who received awards in the Order of Australia:
Appointed as an Officer of the Order of Australia (AO)
Appointed as a Member of the Order of Australia (AM)
Appointed as a Member of the Order of Australia in the Military Division
Medal of the Order of Australia in the General Division (OAM)
The first Human Rights Law Trans-Tasman Conference will be held in Queenstown, New Zealand on 12 and 13 August 2024, hosted by NZLS CLE.
This two-day case law conference will explore the synergies and differences in the protection of human rights in New Zealand and Australia. Participants will learn how human rights are protected in law, forge valuable connections and share their knowledge in this increasingly expanding dynamic area of law.
The conference will provide papers from leading judges, practitioners and academics from both sides of the Tasman covering topics such as:
The conference will closely examine the New Zealand Bill of Rights Act 1990 and Human Rights Acts in the ACT, Victoria and Queensland, providing a timely reflection on the case law that has developed under these statutes.
Conference chairs:
Keynote speakers:
Click here for more information and registration.
The High Court Registry publishes a Charter which describes the commitment of staff of the Registry to the persons who use the Registry.
The Registry Service Charter outlines for Registry users the role and functions of the Registry, the standard of service to be expected when interacting with Registry staff, and information about the complaints process and how to provide feedback.
The Service Charter has recently been updated to reflect the current operations of the Registry. It can be accessed via the High Court of Australia website.
To Court or Not? The Case for Arbitration?
Thursday 25 July 2024 – 7pm AEST
Registration is now open for the Young Commonwealth Lawyers Association (YCLA) webinar aimed at a pan profession audience of practitioners, students of law or those wishing to gain insight and understanding of implementing mediation by one of the leading professionals in the field.
The YCLA welcome Gregory Vijayendran SC, the CLA’s Council Member for Singapore and Fellow at the Singapore Institute of Arbitrator to present a 60 minute Webinar on “To Court or Not? The Case for Arbitration” with Maximillian Taylor, the YCLA’s Lawyer in Training, England & Wales representative moderating.
Click here for more information and registration.
Handling Privy Council Appeals
Thursday 25 July 2024 – 11:30pm AEST
The Commonwealth Lawyers Association invites you to join us for a discussion chaired by Lloyd De Vincenzi, and led by Richard Clayton KC, Desiree Artesi and Louise di Mambro OBE with a focus on “Handling Privy Council Appeals”.
Our panellists Desiree Artesi will be exploring ‘constituting an appeal’, particularly focusing on composition of panels, instructing local attorneys vs PC agents and Appeals is of right, with leave of Court of Appeal from local court.
Richard Clayton KC will address ‘the appeal hearing’, specifically drafting statement of facts and issues, précis and chronology, drafting the written case, appeals of law vs appeals of fact and the principle of concurrent findings of fact, conducting the hearing for the Appellant, conducting the hearing for the respondent, reply submissions, dealing with costs after judgment.
Finally, Louise di Mambro OBE will explore the ‘rule changes’. New rules are being prepared for the JCPC and that these include some radical changes, particularly exploring: efiling via a portal for new cases, service postponed, new tighter timetable for cases, case management, publication of parties’ documents on the JCPC website.
Click here for more information and registration.
The Australian Academy of Law invites ABA members to submit an essay for its 2024 Annual Essay Prize.
The Prize is open to anyone, wherever resident, who is studying or has studied legal subjects at a tertiary level, or who is working or has worked in a law-based occupation. There is no limit by reference to the age or seniority or experience of, or position held by, a person who may submit an entry. Accordingly, judicial officers, legal practitioners, legal academics and law students are all eligible to submit an essay.
The amount of the Prize is $10,000.
The essay topic for the Prize in 2024 is as follows:
“Taking into account the decision of the High Court in NZYQ v Ministre for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 and the response by government to it, what is the law of preventative detention in Australia: Commonwealth, State and Territory? Is it fit for purpose? If not, how and by reference to what principles should it be reformed?”
The length of the essay to be submitted is a maximum of 8,000 words (excluding the abstract).
The deadline for submission of an essay is 31 August 2024 and this time limit is strictly observed. Essays should be submitted to the Secretariat at the Australian Academy of Law: aalsecretariat@academyof.aw.org.au.
Click here for more information about submissions and previous winners.
Join the Commonwealth Lawyers Association at the Hilton Hotel and Conference Centre in St Julian's Bay Malta, for this prestigious biennial event in the legal calendar.
Under the over-arching theme of "Commonwealth Lawyers - fit for the future!", the program of 5 daily streams reflects the latest challenges, issues and trends faced by those in the Commonwealth legal fraternity.
Build global and regional professional networks, share best practice and innovations and develop the warm friendships that are at the heart of this congress of practicing lawyers, justice leaders, academics and members of the judiciary.
Click here for more information.
Fees payable in the federal courts and tribunals will increase from 1 July 2024 to reflect changes to the consumer price index over the past financial year. This is an automatic increase provided for by the relevant regulations.
Friday 10 May marked the bicentennial of the Tasmanian Supreme Court, the oldest Supreme Court in Australia. The event was marked with a ceremonial sitting of the Court and the launch of From Convicts to Computers: Two Hundred Years of the Tasmanian Supreme Court by Justice Stephen Estcourt AM.
The NSW Bench and Bar Dinner took place on Friday 10 May in the Grand Ballroom of the Hyatt Sydney. The guest of honour was the Hon. Justice Robert Beech-Jones of the High Court of Australia. Also speaking were Stuart Lawrance SC of Tenth Floor Chambers and Rose Khalilizadeh of Public Defenders Chambers.
The Hon. Justice Robert Beech-Jones – Tom Fewchuck Photography
The Supreme Court of NSW celebrated its own bicentennial on Friday 17 May with a ceremonial sitting, which can be streamed here.
The Victorian Bar Dinner was held at the National Gallery of Victoria just over a week later, on Saturday 18 May. The guest speaker was once again the Hon. Justice Robert Beech-Jones.
