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Slide 1 Federal Court of Australia National Court Framework (NCF).
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Context & Background One of the most fundamental reforms of the Court since its inception. To position the Court to meet the demand for a truly national and international Court. Fundamental to modernising the operations of the Court, including consistent national practices. Framework for the effective integration of first instance and appeals matters. Addresses needs of litigants who seek highly skilled, expeditious and inexpensive dispute resolution.
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Objectives Whole of the Court’s work organised and managed nationally by reference to the great subject matter areas of the Court’s work. Develop the confidence of the profession and the community, including in areas requiring a degree of specialised skill and knowledge. Broaden the base of judicial knowledge and experience in the Court.
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NCF – Key Features National Practice Areas (NPAs) Court’s work organised and managed nationally by reference to subject matter areas. ‐Administrative and Constitutional Law and Human Rights ‐Admiralty and Maritime ‐Commercial and Corporations ‐Federal Crime and Related Proceedings ‐Employment and Industrial Relations ‐Intellectual Property ‐Native Title ‐Taxation ‐Other Federal Jurisdiction
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NCF – Key Features National Practice Sub Areas Commercial and Corporations Commercial Contracts, Banking, Finance and Insurance Corporations and Corporate Insolvency General and Personal Insolvency Regulator and Consumer Protection Economic Regulator, Competition and Access International Commercial Arbitration Intellectual Property Patents and Associated Statutes Trade Marks Copyright and Industrial Design
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NCF – Key Features NPA Judges Dedicated group of Judges allocated in each NPA. National Co-ordinating Judges. Registry Co-ordinating Judges. National Allocation system Docket system remains. National consistent allocation system replaces inconsistent local allocation system. National Operations Registrar.
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NCF – Key Features Simplified Practice Nationally consistent practice and procedure. Flexible case management to take account of the character of the matter and needs of the parties. Central Practice Note: NCF and Case Management. National Duty arrangements Dedicated Commercial and Corporations and General Duty Judges. Practitioners liaise directly with the Chambers of the relevant Duty Judge. Self Represented Litigants provided with specialist assistance by the local registry NCF Co-ordinator or SRL Co-ordinator.
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NCF Implementation To Date NPA Judges: -National Coordinating Judges / Registry Coordinating Judges identified for each NPA. -Judges in each NPA identified. National Allocation System for all judge-related matters implemented. National Duty arrangements implemented.
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NCF Implementation To Date Court’s practice documents consolidated and refined from 60 practice notes and administrative notices to 25 national practice notes. New national practice notes issued on 25 October 2016. Internal consultation and training. External consultation forums regarding the NCF, practice notes and the operation of NPAs. Court’s website has been updated and enhanced to provide dedicated pages for each NPA. The NPA webpages are a critical resource tool for practitioners and other Court users.
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NCF – Next Steps Further consultation with judges of the Court and the profession across Australia. Development of Appeals practice notes. Establishing Standing Users’ Groups.
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What are the Changes? Court structure National Court approach. Judges working nationally within NPAs with Co-ordinating Judges overseeing the NPAs. Conversion of inconsistent Registry arrangements to consistent national arrangements.
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What are the Changes? Allocation Truly national approach, consistency through centralised allocations. Dedicated groups of Judges receiving matters in their practice area. Character of the matter guiding the allocation.
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What are the Changes? Practice & Procedure Nationally consistent and simplified practice - speedier and less expensive litigation with flexible case management and greater focus on ADR. Consistent Corporations List and Duty systems. Timely & managed judgment delivery process. Truncated costs procedures.
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Further Information Further information on the National Court Framework can be found on the Court’s website – www.fedcourt.gov.auwww.fedcourt.gov.au
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