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Appendix 5: Workload statistics

The statistics in this appendix provide comparative historical information on the work of the Court, including in certain areas of the Court’s jurisdiction.

When considering the statistics it is important to note that matters vary according to the nature and complexity of the issues in dispute.

It should also be noted that the figures reported in this report may differ from figures reported in previous years. The variations have occurred through refinements or enhancements to the Casetrack database which required the checking or verification and possible variation of data previously entered.

Casetrack records matters in the Court classified according to 16 main categories, described as ‘causes of action’ (CoAs). The classification of matters in this way causes an under representation of the workload because it does not include filings of supplementary CoAs (cross appeals and cross claims), interlocutory applications or native title joinder of party applications.

In 2007–08 the Court started to count and report on interlocutory applications (including interim applications and notices of motion) in appellate proceedings in order to provide the most accurate picture possible of the Court’s appellate workload. From 2008–09 the Court has counted all forms of this additional workload in both its original and appellate jurisdictions.

Table A5.4 on page 137 provides a breakdown of these matters. At this stage it is not possible to obtain information about finalisations of interlocutory applications (because they are recorded in the Court’s case management system as a document filed rather than a specific CoA). Because of this, detailed reporting of these matters has been restricted to the information about appeals in Part 3 and Table A5.4.

In 2015, the National Court Framework reforms were introduced. The Court began reporting on matters by National Practice Areas (NPAs) in 2015–16. This information can be found in Figure A5.9 onwards.

Table A5.1: Summary of workload statistics – original and appellate jurisdictions – filings of major CoAs (including appellate and related actions)

CAUSE OF ACTION

2014–15

2015–16

2016–17

2017–18

2018–19

Total CoAs (including appeals and related actions)

Filed

4355

6001

5715

5925

6029

Finalised

3896

5846

5637

5570

5680

Current

2926

3081

3159

3514

3863

Corporations (including appeals and related actions)

Filed

2210

3687

3224

3024

2803

Finalised

1868

3502

3388

2988

2805

Current

888

1073

909

945

943

Bankruptcy (including appeals and related actions)

Filed

260

292

353

332

375

Finalised

255

267

328

317

343

Current

138

163

188

203

235

Native title (including appeals and related actions)

Filed

64

65

71

91

115

Finalised

74

134

95

99

77

Current

402

333

309

301

339

Total CoAs (including appeals and related actions excluding corporations, bankruptcy and native title)

Filed

1821

1957

2067

2478

2736

Finalised

1699

1943

1826

2166

2455

Current

1498

1512

1753

2065

2346

Table A5.2: Summary of workload statistics – excluding appeals and related actions – filings of major CoAs (excluding appeals and related actions)

CAUSE OF ACTION

2014–15

2015–16

2016–17

2017–18

2018–19

Total CoAs (excluding appeals and related actions)

Filed

3445

5008

4669

4662

4617

Finalised

3147

4899

4768

4426

4327

Current

2426

2535

2436

2672

2962

Corporations (excluding appeals and related actions)

Filed

2185

3652

3202

2989

2768

Finalised

1846

3475

3363

2959

2776

Current

869

1046

885

915

907

Bankruptcy (excluding appeals and related actions)

Filed

205

231

289

304

341

Finalised

192

223

274

276

303

Current

114

122

137

165

203

Native title (excluding appeals and related actions)

Filed

55

58

54

78

112

Finalised

67

122

84

81

67

Current

389

325

295

292

337

Total CoAs (excluding appeals and related actions and excluding bankruptcy and native title)

Filed

1000

1067

1124

1291

1396

Finalised

1042

1079

1047

1110

1181

Current

1054

1042

1119

1300

1515

Table A5.3: Summary of workload statistics – appeals and related actions only – filings of appeals and related actions

CAUSE OF ACTION

2014–15

2015–16

2016–17

2017–18

2018–19

Total appeals and related actions

Filed

910

993

1046

1263

1412

Finalised

749

947

869

1144

1353

Current

500

546

723

842

901

Corporations appeals and related actions

Filed

25

35

22

35

35

Finalised

22

27

25

29

29

Current

19

27

24

30

36

Migration appeals and related actions

Filed

648

653

764

1022

1136

Finalised

463

680

583

842

1103

Current

310

283

464

644

677

Native title appeals and related actions

Filed

9

7

17

13

3

Finalised

7

12

11

18

10

Current

13

8

14

9

2

Total appeals and related actions (excluding corporations, migration and native title appeals and related actions)

Filed

228

298

243

193

238

Finalised

257

228

250

255

211

Current

158

228

221

159

186

Table A5.4: Summary of supplementary workload statistics – filings of supplementary causes of action

CAUSE OF ACTION

2014–15

2015–16

2016–17

2017–18

2018–19

Total CoAs (excluding appeals and related actions)

Cross appeals (original jurisdiction)

0

0

0

0

0

Cross claims

134

135

146

116

148

Interlocutory applications

1513

1530

1517

1628

1777

Native title joinder of party applications

628

405

982

781

346

Appeals and related actions

Cross appeals

25

25

19

20

26

Interlocutory applications

0

192

221

162

166

Total actions (including appeals and related actions)

Cross appeals

25

19

20

17

26

Cross claims

134

135

146

116

148

Interlocutory applications

1685

1722

1738

1790

1943

Native title joinder of party applications

628

405

982

781

346

Totals

2472

2281

2886

2704

2463

Figure A5.1: Matters filed over the last five yearsBar graph showing matters filed over the last five years 1412 filings of appeals & related actions and 4617 filings of major CoAs (excluding appeals & related actions)Figure A5.2: Matters filed and finalised over the last five yearsBar graph showing Matters filed and finalised over the last five years with 6029 filed and 5680 finalised for the 2018-19 period

The number finalised refers to those matters finalised in the relevant financial year, regardless of when they were originally filed.

Figure A5.3: Age and number of current matters at 30 June 2019Bar graph showing Age and number of current matters at 30 June 2019 with 173 prior to 2015, 53 from 2014-15, 113 from 2015-16, 219 from 2016-17, 657 from 2017-18 and 2648 for 2018-19

A total of 3863 matters remain current at 30 June 2019. There were 173 applications still current relating to periods before 2014, of which 122 matters are native title matters (7.2 per cent).

Figure A5.4: Time span to complete – matters completed (excluding native title) over the last five yearsBar graph showing Time span to complete – matters completed (excluding native title) over the last five years with 74.6% less than 6 months, 13.6% 6-12 months, 5.3% 12-18 months, 2.4% 18-24 months, 4.2% greater than 24 months

A total of 26,208 matters were completed during the five-year period ending 30 June 2019, excluding native title matters. The time span, from filing to disposition of these matters, is shown in Figure A5.4.

Figure A5.5: Time span to complete against the 85 per cent benchmark (excluding native title) over the last five yearsTime span to complete against the 85 per cent benchmark (excluding native title) over the last five years, with 93.1% for the 2018-19 period and a benchmark of 85%

The Court has a benchmark of 85 per cent of cases (excluding native title) being completed within 18 months of commencement. Figure A5.5 sets out the Court’s performance against this time goal over the last five years. The total number of matters (including appeals but excluding native title) completed for each of the last five years and the time spans for completion are shown in Table A5.5.

Table A5.5: Finalisation of major CoAs in accordance with 85 per cent benchmark (including appeals and related actions and excluding native title matters) over the last five years

PERCENTAGE COMPLETED

2014–15

2015–16

2016–17

2017–18

2018–19

Under 18 months

3554

5388

5220

5095

5226

Percentage of total

92.8%

94.1%

94.0%

92.8%

93.1%

Over 18 months

275

336

333

394

387

Percentage of total

7.2%

5.9%

6.0%

7.2%

6.9%

Total CoAs

3829

5724

5553

5489

5613

Figure A5.6: Bankruptcy Act matters (excluding appeals) filed over the last five yearsBankruptcy Act matters (excluding appeals) filed over the last five years with 341 matters for the 2018-19 period

Figure A5.6.1: Current Bankruptcy Act matters (excluding appeals) by year of filingBar graph showing Current Bankruptcy Act matters (excluding appeals) by year of filing with 145 matters for the 2018-19 period

Figure A5.7: Corporation Act matters (excluding appeals) filed over the last five yearsBar graph Corporation Act matters (excluding appeals) filed over the last five years, with 2768 matters for the 2018-19 period

Figure A5.7.1: Current corporation matters (excluding appeals) by year of filingBar graph showing current corporation matters (excluding appeals) by year of filing, with 665 matters for the 2018-19 period

Figure A5.8: Consumer law matters (excluding competition law and appeals) filed over the last five yearsBar graph showing consumer law matters (excluding competition law and appeals) filed over the last five years, with 129 matters for the 2018-19 period

Figure A5.8.1: Current consumer law matters (excluding competition law and appeals) by year of filingBar graph showing current consumer law matters (excluding competition law and appeals) by year of filing, with 102 for the 2018-19 period

National Court Framework

Figure A5.9: Filings, finalisations and pendingline graph showing filings, finalisations and pending, with 6027 filings, 5680 finalisations and 3853 pending for the 2018-19 period

Figure A5.9.1: All filings, finalisations and pending by Administrative and Constitutional Law and Human Rights National Practice Areas (NPA)Line graph showing All filings, finalisations and pending by Administrative and Constitutional Law and Human Rights National Practice Areas (NPA) with 286 filings, 247 finalisations and 244 pending for the 2018-19 period

Figure A5.9.2: All filings, finalisation and pending by Admiralty and Maritime NPALine graph showing All filings, finalisation and pending by Admiralty and Maritime NPA with 26 filings, 25 finalisations, 31 pending for the 2018 period and 33 filings, 18 finalisations, 46 pending for the 2019 period

Figure A5.9.3: All filings, finalisation and pending by Commercial and Corporations NPALine graph showing All filings, finalisation and pending by Commercial and Corporations NPA, with 3412 filings, 3393 finalisations and 1487 pending for the 2018-19 period

Figure A5.9.4: All filings, finalisation and pending by Employment and Industrial Relations NPALine graph showing All filings, finalisation and pending by Employment and Industrial Relations NPA, with 299 filings, 273 finalisations and 330 pending for the 2018-19 period

Figure A5.9.5: All filings, finalisation and pending by Intellectual Property NPALine graph showing All filings, finalisation and pending by Intellectual Property NPA, with 182 filings, 186 finalisations and 218 pending for the 2018-19 period

Figure A5.9.6: All filings, finalisation and pending by Native Title NPALine graph showing All filings, finalisation and pending by Native Title NPA, with 82 filings, 79 finalisations and 173 pending for the 2018-19 period

Figure A5.9.7: All filings, finalisation and pending by Taxation NPALine chart showing All filings, finalisation and pending by Taxation NPA, with 134 filings, 79 finalisations, and 173 pending for the 2018-19 periodIn 2016–17 the Court introduced two new NPAs: Other Federal Jurisdiction NPA and Federal Crime and Related Proceedings NPA.

Figure A5.9.8: All filings, finalisations and pending, Other Federal Jurisdiction NPALine chart showing All filings, finalisations and pending, Other Federal Jurisdiction NPA, with 103 filings, 55 finalisations and 93 pending for the 2018-19 period

Figure A5.9.9: All filings, finalisations and pending, Federal Crime and Related Proceeding NPALIne chart showing All filings, finalisations and pending, Federal Crime and Related Proceeding NPA, with 16 filings, 13 finalisations and 8 pending for the period 2018-19

Figure A5.9.10: All filings, finalisation and pending, Migration NPALine chart showing All filings, finalisation and pending, Migration NPA, with 1430 filings, 1330 finalisations and 901 pending for the 2018-19 period