Federal Court of Australia

Federal Court of Australia

Section 1: Agency overview and resources

1.1 Strategic direction statement

The Federal Court of Australia is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time.

The Federal Court has jurisdiction to hear and determine any civil matter and some summary and indictable criminal matters arising under laws made by the Federal Parliament, as well as any matter arising under the Constitution or involving its interpretation. The court also has original jurisdiction in respect of specific subject matter conferred by over 150 statutes of the Federal Parliament.

The Federal Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the court, decisions of the Federal Circuit Court of Australia in non-family matters, decisions of the Supreme Court of Norfolk Island and certain decisions of state and territory supreme courts exercising federal jurisdiction.

The objectives of the Federal Court are to:

•  decide disputes according to law—as quickly, inexpensively and efficiently as possible and, in so doing, to interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution

•  provide an effective registry service for the community, and

•  manage the resources allotted by Parliament efficiently.

The Federal Court will continue to develop and implement a range of e-services initiatives, in particular the Electronic Court File. The court’s e-services are designed to deliver quicker, less expensive access to justice for court users. Where practicable, the development of these initiatives will be in conjunction with other courts.

In 2013–14, funding has been provided to the Federal Court to support the appointment of three additional judges. These appointments are intended to assist the court to resolve its increasing workload.

1.2 Agency resource statement

Table 1.1 shows the total resources from all sources.

Table 1.1: Agency resource statement—Budget estimates for 2013–14 as at Budget May 2013

Estimate of
prior year / Actual
amounts / + / Proposed / = / Total / available
available in / at Budget / estimate / appropriation
2013–14 / 2013–14 / 2013–14 / 2012–13
$’000 / $’000 / $’000 / $’000
ORDINARY ANNUAL SERVICES1
Departmental appropriation
Prior year departmental
appropriation2 / 43,451 / – / 43,451 / 43,297
Departmental appropriation3 / – / 96,012 / 96,012 / 92,704
s 31 relevant agency receipts4 / – / 3,033 / 3,033 / 2,724
Total ordinary annual services / 43,451 / 99,045 / 142,496 / 138,725
OTHER SERVICES
Departmental non-operating
Equity injections / – / – / – / 19
Total other services / – / – / – / 19
Total available annual
appropriations / 43,451 / 99,045 / 142,496 / 138,744
Total appropriations excluding
special accounts / 43,451 / 99,045 / 142,496 / 138,744
SPECIAL ACCOUNTS5
Opening balance / – / – / – / –
Receipts / – / – / – / –
Total special accounts / – / – / – / –
Total net resourcing for agency / 43,451 / 99,045 / 142,496 / 138,744

All figures are GST exclusive.

1. Appropriation Bill (No. 1) 2013–14.

2. Estimated adjusted balance carried forward from previous year. The Federal Court has received $13.599m, under a section 32 determination, which is unspent prior year appropriation transferred to the court from the National Native Title Tribunal.

3. Includes an amount of $3.166m in 2013–14 for the departmental capital budget (see Table3.2.5 for further details). For accounting purposes this amount has been designated as ‘contributions by owners’.

4. Section 31 relevant agency receipts—estimate.

5. The estimated opening balance and budgeted receipts for special accounts exclude money held in trust for litigants and ‘special public money’ held in the Services for Other Entities and Trust Moneys Special Account. For further details on special accounts, see Table 3.1.2.

1.3 Budget measures

Budget measures announced since the 2012–13 Mid-Year Economic and Fiscal Outlook (MYEFO) relating to the Federal Court are detailed in Budget Paper No.2 and are summarised in Part1 of Table1.2. MYEFO measures not previously reported in a portfolio statement are summarised in Part2.

The Federal Court will receive $10.841m in additional appropriation for the appointment of three additional judges.

Table 1.2: Agency 2013–14 Budget measures

Part 1: Measures announced since the 2012–13 MYEFO

2012–13 / 2013–14 / 2014–15 / 2015–16 / 2016–17
Program / $’000 / $’000 / $’000 / $’000 / $’000
Expense measures
Attorney-General’s Portfolio savings—redirection / 1.1
Departmental expenses / – / (145) / (149) / (150) / (149)
Federal Court of Australia—additional judicial resources
Departmental expenses / 1.1 / – / 2,711 / 2,679 / 2,676 / 2,675
Total expense measures / – / 2,566 / 2,530 / 2,526 / 2,526
Capital measures
Federal Court of Australia—additional judicial resources / 1.1
Departmental capital / – / 100 / – / – / –
Total capital measures / – / 100 / – / – / –

Part 2: MYEFO measures not previously reported in a portfolio statement

2012–13 / 2013–14 / 2014–15 / 2015–16 / 2016–17
Program / $’000 / $’000 / $’000 / $’000 / $’000
Expense measures
Targeted savings—public service efficiencies1 / 1.1
Departmental expenses / – / (180) / (101) / (58) / (25)
Total expense measures / – / (180) / (101) / (58) / (25)

Prepared on a Government Finance Statistics (fiscal) basis.

1. The fiscal impact reported for this measure is in addition to the impact previously reported for this measure in the 2012–13 Portfolio Additional Estimates Statements.

Section 2: Outcomes and planned performance

2.1 Outcomes and performance information

Government outcomes are the intended results, impacts or consequences of actions by the government on the Australian community. Commonwealth programs are the primary vehicle by which government agencies achieve the intended results of their outcome statements. Agencies are required to identify the programs that contribute to government outcomes over the budget and forward years.

The Federal Court’s outcome is described below together with its related program, specifying the performance indicators and targets used to assess and monitor the performance of the Federal Court in achieving government outcomes.

Outcome 1: Through its jurisdiction, the Court will apply and uphold the rule of law to deliver remedies and enforce rights and in so doing, contribute to the social and economic development and well-being of all Australians
Outcome 1 strategy

During 2013–14 the Federal Court will continue to focus on enhancing the service it delivers. The Federal Court will continue to develop and implement a range of
e-services initiatives to deliver users quicker, less expensive access to justice. Where practicable, these services will be developed and implemented in conjunction with other courts.

The Federal Court will continue to actively case manage the native title jurisdiction to accelerate the completion of matters. The Federal Court will provide staff and resources to the National Native Title Tribunal to support the Tribunal in the ongoing performance of its functions.

Outcome 1 expense statement

Table 2.1 provides an overview of the total expenses for Outcome 1, by program.


Table 2.1: Budgeted expenses for Outcome 1

Outcome 1: Through its jurisdiction, the Court will apply and uphold the rule of law to deliver remedies and enforce rights and in so doing, contribute to the social and economic development and well-being of all Australians / 2012–13
Estimated / 2013–14
actual / Estimated
expenses / expenses
$’000 / $’000
Program 1.1: Federal Court Business
Departmental expenses
Departmental appropriation1 / 90,817 / 95,879
Expenses not requiring appropriation in the budget year2 / 31,479 / 32,588
Total expenses for Outcome 1 / 122,296 / 128,467
2012–13 / 2013–14
Average staffing level (number) / 419 / 425

Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government priorities change.

1. Departmental appropriation combines ‘Ordinary annual services (Appropriation Bill No. 1)’ and ‘Revenue from independent sources (s31)’.

2. Expenses not requiring appropriation in the budget year are made up of $4.134m for depreciation and amortisation expenses and $28.454m for resources received free of charge and liabilities assumed by other agencies.

Contributions to Outcome 1
Program 1.1: Federal Court Business
Program 1.1 objective
The primary objective of the Federal Court is to decide disputes according to law as quickly, inexpensively and efficiently as possible and, in so doing, interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution.
Program 1.1 expenses
2012–13 / 2014–15 / 2015–16 / 2016–17
Revised / 2013–14 / Forward / Forward / Forward
budget / Budget / year 1 / year 2 / year 3
$’000 / $’000 / $’000 / $’000 / $’000
Annual departmental expenses
Program support / 90,817 / 95,879 / 95,786 / 96,337 / 96,865
Expenses not requiring appropriation in
the budget year1 / 31,479 / 32,588 / 32,894 / 31,930 / 33,912
Total program expenses / 122,296 / 128,467 / 128,680 / 128,267 / 130,777

1. Expenses not requiring appropriation in the budget year are made up of depreciation and amortisation expenses, resources received free of charge and liabilities assumed by other agencies.

Program 1.1 components
Program 1.1 is made up of two components:
•  Component 1.1.1 is the exercise of the jurisdiction of the Federal Court.
•  Component 1.1.2 is the provision of support to the National Native Title Tribunal.
2012–13 / 2014–15 / 2015–16 / 2016–17
Revised / 2013–14 / Forward / Forward / Forward
budget / Budget / year 1 / year 2 / year 3
$’000 / $’000 / $’000 / $’000 / $’000
Component 1.1.1
Annual departmental expenses
Program support / 79,945 / 84,829 / 84,637 / 85,087 / 85,503
Expenses not requiring appropriation in
the budget year / 31,479 / 32,588 / 32,894 / 31,930 / 33,912
Total component expenses / 111,424 / 117,417 / 117,531 / 117,017 / 119,415
Component 1.1.2
Annual departmental expenses
Program support / 10,872 / 11,050 / 11,149 / 11,250 / 11,362
Total component expenses / 10,872 / 11,050 / 11,149 / 11,250 / 11,362
Program support / 90,817 / 95,879 / 95,786 / 96,337 / 96,865
Expenses not requiring appropriation in
the budget year / 31,479 / 32,588 / 32,894 / 31,930 / 33,912
Total program expenses / 122,296 / 128,467 / 128,680 / 128,267 / 130,777
Program 1.1 deliverables
The Federal Court will decide cases according to law as quickly, inexpensively and efficiently as possible.
The Federal Court will provide staff and resources to the National Native Title Tribunal to enable the Tribunal to carry out its functions.
Program 1.1 key performance indicators
The Federal Court’s key performance indicators are:
•  timely completion of cases: dispose of 85% of cases within 18 months of commencement (excluding native title cases), and
•  reduction in the number of matters over 18 months old.
2012–13 / 2014–15 / 2015–16 / 2016–17
Revised / 2013–14 / Forward / Forward / Forward
Key performance indicators / budget / Budget / year 1 / year 2 / year 3
Timely disposal of cases / 85% / 85% / 85% / 85% / 85%
Reduction in number of matters over
18 months old / 18% / 17.50% / 17% / 16.50% / 16%

Section 3: Explanatory tables and budgeted financial statements

Section 3 presents explanatory tables and budgeted financial statements which provide a comprehensive snapshot of agency finances for the 2013–14 budget year. It explains how budget plans are incorporated into the financial statements and provides further details of the reconciliation between appropriations and program expenses, special accounts and government Indigenous expenditure.

3.1 Explanatory tables

3.1.1 Movement of administered funds between years

The Federal Court has not moved any administered funds between years.

3.1.2 Special accounts

Special accounts provide a means to set aside and record amounts used for specified purposes. Special accounts can be created by a Finance Minister’s Determination under the Financial Management and Accountability Act 1997 or under separate enabling legislation. Table3.1.2 shows the expected additions (receipts) and reductions (payments) for each account used by the Federal Court.

Table 3.1.2: Estimates of special account flows and balances

Opening / Closing
balance / Receipts / Payments / Adjustments / balance
2013–14 / 2013–14 / 2013–14 / 2013–14 / 2013–14
2012–13 / 2012–13 / 2012–13 / 2012–13 / 2012–13
Outcome / $’000 / $’000 / $’000 / $’000 / $’000
Services for Other Entities and Trust Moneys— / 1 / 12 / 250 / 250 / – / 12
FMA Act s 20 (D) / 1 / 12 / 250 / 250 / – / 12
Litigants’ Fund Special / 1 / 8,369 / 5,000 / 5,000 / – / 8,369
Account—FMA Act s 20 (D) / 1 / 8,369 / 5,000 / 5,000 / – / 8,369
Total special accounts 2013–14 Budget estimate / 8,381 / 5,250 / 5,250 / – / 8,381
Total special accounts 2012–13 estimated actual / 8,381 / 5,250 / 5,250 / – / 8,381

(D) = Departmental.

3.1.3 Australian Government Indigenous expenditure

The Federal Court has jurisdiction under the Native Title Act 1993 to hear and determine native title applications, compensation applications, claim registration applications, applications to remove agreements from the Register of Indigenous Land Use Agreements and applications for transfer of records. The court also hears appeals from the National Native Title Tribunal and matters under the Administrative Decisions (Judicial Review) Act 1977 involving native title.

The Federal Court provides staff and resources to the National Native Title Tribunal to support the Tribunal in performing its functions pursuant to the Native Title Act 1993.

Table 3.1.3: Australian Government Indigenous expenditure (AGIE)

Appropriations
Bill / Bill / Special / Total
No. 1 / No. 2 / approp / approp / Other / Total
$’000 / $’000 / $’000 / $’000 / $’000 / $’000 / Program
Outcome 1
Departmental 2013–14 / 26,014 / – / – / 26,014 / – / 26,014 / 1.1
Departmental 2012–13 / 25,749 / – / – / 25,749 / – / 25,749 / 1.1
Total AGIE 2013–14 / 26,014 / – / – / 26,014 / – / 26,014
Total AGIE 2012–13 / 25,749 / – / – / 25,749 / – / 25,749

3.2 Budgeted financial statements

3.2.1 Differences in agency resourcing and financial statements

The most significant difference between the agency resourcing table and the financial statements is that resources received free of charge and liabilities assumed by other agencies are not recognised in Tables 1.1 and 2.1 as revenue. The reader should note this difference when comparing the figures presented in Tables 1.1 and 2.1 to the budgeted financial statements following.