Chapter 1
Introduction
Purpose of the Bill
1.1
On 25 June 2009, the Senate referred the Access to Justice (Civil
Litigation Reforms) Amendment Bill 2009 (Bill) to the Senate Legal and
Constitutional Affairs Legislation Committee for inquiry and report by 17 September
2009.
1.2
The Bill amends the Federal Court of Australia Act 1976, the Family
Law Act 1975 and the Federal Magistrates Act 1999, and makes related
amendments to the Administrative Decisions (Judicial Review) Act 1977.
1.3
The purpose of the Bill is threefold: to amend the Federal Court of
Australia Act 1976 to strengthen and clarify the case management powers of
the Federal Court of Australia (Federal Court), ensuring more efficient civil
litigation; to streamline the Federal Court's appeals pathways for civil
proceedings; and to clarify the powers of judicial officers in the Federal Court,
the Family Court of Australia and the Federal Magistrates Court.
1.4
A key objective of the reforms, as stated in the Explanatory Memorandum,
is to effect a cultural change in the conduct of litigation, so that, in
addition to the just resolution of disputes, the following considerations are
prominent:
- focussing the Federal Court, parties and their lawyers' attention
on resolving disputes as quickly and cheaply as possible;
- reducing the costs of litigation;
- allocating resources in proportion to the complexity of the
issues in dispute;
- avoiding unnecessary delays; and
- management of the Federal Court's judicial and administrative
resources as efficiently as possible.[1]
Conduct of the inquiry
1.5
The committee advertised its inquiry in The Australian on 30 June
2009 and 1 July 2009, and details of the inquiry, the Bill and associated
documents were placed on the committee's website from 27 June 2009. The
committee also wrote to 74 organisations and individuals inviting written submissions
by 31 July 2009.
1.6
The committee received 6 submissions, which are listed in Appendix 1 and
available online at https://www.aph.gov.au/senate/committee/legcon_ctte/index.htm.
1.7
The committee held a public hearing in Melbourne on 27 August 2009.
1.8
A list of witnesses who appeared at the hearing is at Appendix 2, and
copies of the Hansard transcript are available through the internet at https://www.aph.gov.au/hansard.
Acknowledgement
1.9
The committee thanks those organisations and individuals who made
submissions and gave evidence at the public hearings.
Scope of the report
1.10
Chapter 2 provides an overview of the Bill. Chapter 3 discusses the key issues
raised in submissions and evidence.
Notes on references
1.11
References in this report are to individual submissions as received by
the committee, not to a bound volume. References to Committee Hansard are to
the proof Hansard: page numbers may vary between the proof and the official
Hansard.
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