Corporate governance
This section reports on aspects of the Federal Circuit Court’s corporate governance arrangements.
The legal framework for the Federal Circuit Court’s corporate governance practices is set out in the Federal Circuit Court of Australia Act 1999, the Public Governance, Performance and Accountability Act 2013 (Cth) and the Public Service Act 1999 (Cth).
Under the Federal Circuit Court of Australia Act 1999, the Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Federal Circuit Court and management of the administrative affairs of the Court. In the latter role, the Chief Judge is assisted by the Chief Executive Officer (CEO) and Principal Registrar.
On 1 July 2016, the Federal Court, Family Court and Federal Circuit Court became a single administrative entity for the purposes of the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999. The budget and staff of the Court sit within that entity, with the CEO and Principal Registrar of the Federal Court the relevant accountable officer under those acts.
Responsibilities for the Court’s budget and staff have been delegated to the CEO and Principal Registrar of the Federal Circuit Court, pursuant to a memorandum of understanding with the Federal Court CEO and Principal Registrar. The Federal Circuit Court retains its distinct statutory identity.
Senior executives
CEO and Principal Registrar
David Pringle
The CEO and Principal Registrar is appointed to assist the Chief Judge to administer the Court. The CEO and Principal Registrar’s powers are broad (section 96 Federal Circuit Court of Australia Act 1999), although the Chief Judge may give direction (section 96(4)). The CEO and Principal Registrar has oversight of the support provided to the judges of the Federal Circuit Court across its jurisdictions and ensures that the business needs of the Court are met. David Pringle was appointed the CEO and Principal Registrar on 17 April 2020.
Deputy Principal Registrar and National Family Law Registrar
Virginia Wilson
The Deputy Principal Registrar plays a key role at a national level in government relations, including liaison with the Office of the Attorney General and Attorney-General’s Department in relation to government inquiries and appearances before committees in Senate Estimates. The Deputy Principal Registrar is also primarily responsible for budget planning, funding submissions to government and the management of contracts and procurement exercises within the Courts. Additionally, the Deputy Principal Registrar plays a key role in advising on legislation and rules related matters, as well as Freedom of Information, Privacy and Public Interest Disclosure requests which come to the Courts.
Executive Director, Child Dispute Services
Janet Carmichael
The Executive Director, Child Dispute Services has national responsibility for the professional requirements of Child Dispute Services in the Family Court and the Federal Circuit Court. The Executive Director provides strategic advice to the Chief Judge, and CEO and Principal Registrar in relation to the effective and efficient operation of Child Dispute Services, with particular attention to the achievement of best practice standards in policy, practices and service delivery. The Executive Director works closely with external child and family dispute resolution bodies, as well as relevant tertiary institutions, which are important to the development and ongoing maintenance of high-quality child dispute services, quality assurance and accreditation processes.
Senior Registrar and Executive Director Dispute Resolution
Anne-Marie Rice
The Executive Director, Dispute Resolution is responsible for managing the Court’s family dispute resolution initiatives, including dispute resolution development, implementation, training and education across all parts of the Court. The Executive Director of Dispute Resolution is also responsible for overseeing dispute resolution initiatives within the Court’s various pilot programs, and providing training for registrars and family consultants in Family Dispute Resolution.
Senior Registrar and Executive Director National Registrar Operations
Andrea Evans
The Executive Director, National Registrar Operations undertakes the national management of registrars, including building a consistent practice, oversight of the nature of their casework and workload and leadership in respect of professional development; liaises with internal and external stakeholders in areas of registrar practice; and engages with judges to identify critical work to be undertaken by registrars in support of judges for the effective case management and disposition of proceedings.
Senior Registrar and National Operations Registrar - Judicial Case Management
Anna Parker
The National Operations Registrar – Judicial Case Management, provides strategic advice and analysis regarding judicial support and workload management to the Chief Justice, Case Management Judge and CEO. The National Operations Registrar – Judicial Case Management, is also responsible for managing the implementation of the Federal Circuit and Family Court of Australia from a national operations perspective, and provides strategic advice and coordination in other projects such as the Lighthouse Project and various callover initiatives.
Judicial committees
The Court’s corporate governance framework includes a range of committees and cross-entity mechanisms to support the effective management of the Court. This is in accordance with s 93 of the Federal Circuit Court of Australia Act 1999 which provides for the Court to form advisory committees on the following aspects of the Court’s business:
- the exercise of powers under the Federal Circuit Court of Australia Act 1999
- the making of the Rules of Court, and
- management of the administrative affairs of the Court.
Overarching committees
National Practice Area Committee
The National Practice Area Committee provides advice to the Chief Judge in relation to the current and proposed case management structures, judicial conduct and judicial education, and the interaction between the Federal Circuit Court and other courts. Each area of the Court is represented according to a national practice area.
The committee comprised:
- Chief Judge Alstergren (Chair)
- Judge Driver
- Judge Riethmuller
- Judge Spelleken
- Judge Dunkley
- Judge Cole OAM
- Judge Willis AM
- Judge Harland
- Judge McNab
- Judge Kendall
- David Pringle (CEO and Principal Registrar)
- Virginia Wilson (Deputy Principal Registrar)
- Jordan Di Carlo, and
- Catherine Bull (Secretariat).
Former Judges of the Federal Circuit Court, Justice Altobelli and Justice McGuire, were also members of the committee prior to their elevation to the Family Court of Australia in the 2020–21 financial year.
Case Management Judges Committee
The Federal Circuit Court has a structure consisting of a National Coordinator of Case Management and Case Management Judges who represent discrete geographical areas/locations. Through this structure, the Court actively monitors its case management across the nation and considers opportunities for improvement.
The role of Case Management Judges also aids the communication throughout the Court on all aspects of workload, timeliness and court practice. Case Management Judges are also local points of contact for regional stakeholders. The committee meets quarterly with the Chief Judge and the National Coordinator of Case Management to share information about workload trends and issues in their regions and to enhance the adoption of consistent case management practices at registry, regional and national levels.
Membership of the committee as at 30 June 2021 comprised:
- Judge Dunkley (National Case
Management Judge) - Judge Brown
- Judge Hughes
- Judge Terry
- Judge Street
- Judge Middleton
- Judge Boyle
- Judge McNab
- Judge Kendall, and
- Amanda Morris.
Legal Committee
The Legal Committee considers possible rule amendments and wider legal issues about the jurisdiction of the Court. The committee refers its recommendations to the Chief Judge for the consideration of the Court as a whole. Legislation requires that the Rules of Court be approved by all or a majority of judges. Meeting monthly, the committee considers:
- legislative developments to consider any workload or jurisprudential impacts
- recommended rules, practice notices and approved forms, and
- legal issues impacting on the jurisdiction of the Court.
The committee also liaises with the Family Court and the Federal Court in relation to rules, forms and fees, where appropriate, and with other committees as required to achieve their respective objectives and provide coordinated advice to the Chief Judge and the CEO and Principal Registrar.
Membership in 2020–21 comprised:
- Judge Driver (Chair)
- Judge Jarrett
- Judge Hughes
- Judge Riley
- Judge Harland
- Judge Kendall
- Judge Baird
- Virginia Wilson, and
- Amanda Morris.
Working groups and committees
Finance Committee
The role of the Finance Committee is to consider the Court’s budget position and financial affairs generally, and to make recommendations to the Chief Judge where appropriate on policies and procedures in light of expenditure. The committee also assists the CEO and Principal Registrar in the discharge of his or her obligations arising from the delegation of responsibility for the Federal Circuit Court budget, as part of the broader entity.
The committee meets at least four times in each financial year and comprised:
- Judge Driver (Chair)
- Judge Cole OAM
- Judge A Kelly
- Judge Costigan
- Judge Boymal
- Catherine Sullivan
- Kathryn Hunter, and
- David Pringle.
The committee acknowledges the assistance provided by Catherine Sullivan, Executive Director, Corporate Services, and Kathryn Hunter, Chief Financial Officer.
Aboriginal and Torres Strait Islander Access to Justice Committee
The Aboriginal and Torres Strait Islander Access to Justice Committee continues to coordinate the implementation of the Court’s Reconciliation Action Plan and the Court’s engagement with Aboriginal and Torres Strait Islander communities around Australia. This work has been undertaken with the help of Indigenous community members working with judges and staff.
Membership for 2020–21 comprised:
- Judge Willis AM (Chair)
- Judge Coates
- Judge C Kelly
- Judge Terry
- Judge Kemp
- Judge Myers AM
- Judge Stewart
- Judge Young
- Judge Boyle
- Dennis Remedio
- Rick Welsh, and
- David Pringle.
A number of events and activities occurred throughout the year to promote the Court’s Reconciliation Action Plan aspirations. See page 68 for more information.
Family Violence Committee
The Family Violence Committee is a joint committee of the Family Court and the Federal Circuit Court. The committee’s principal responsibility is to provide advice to the Chief Justice, the Chief Judge and the CEO and Principal Registrar of both courts on the issue of family violence.
In discharging this responsibility, the committee reviews and updates the Courts’ Family Violence Plan and Family Violence Best Practice Principles, as well as undertaking discrete projects.
Membership of the committee at 30 June 2021 comprised:
- Judge Hughes (Chair)
- Justice Gill
- Justice Baumann AM
- Judge Spelleken
- Judge Terry
- Judge Bender
- Janet Carmichael
- Virginia Wilson
- Steve Fewster
- Lisa O’Neill
- Di Lojszczyk, and
- Rachael Cowdell (Secretariat).
The committee’s focus during the year was on a number of initiatives including implementing safety at court policies and establishing the co-location of state and territory child welfare officials in the Courts’ family law registries.
In early 2020, state and territory child welfare officials and police were co-located in the busiest family law registries of the Family Court and Federal Circuit Court as part of a co-location initiative announced by the Federal Government. The co-location initiative is intended to improve the sharing of information between the state and territory police and child welfare authorities and the family courts, and ensure that this information is available to judges and registrars at the earliest opportunity. Child welfare officials are co-located in most registries save for the Northern Territory. Police officials are co-located in most registries save for the Northern Territory and Victoria.
The Honourable Justice Benjamin AM was a member of the committee but retired during the 2020–21 financial year.
Judicial Wellbeing Committee
The Judicial Wellbeing Committee was established to promote and protect the health and wellbeing of judges.
Membership of the committee comprised:
- Chief Judge Alstergren (ex officio)
- Judge Driver
- Judge Willis AM
- Judge Stewart
- Judge Vasta (Chair), and
- Jordan Di Carlo.
Regional wellbeing coordinators
- Judge Burchardt (Dandenong and Melbourne) (with Judge Stewart)
- Judge Obradovic (Parramatta)
- Judge Monahan (Lionel Bowen Building Sydney)
- Judge Costigan (Newcastle)
- Judge Kendall (Perth)
- Judge Hughes (Canberra)
- Judge Purdon-Sully (Brisbane)
- Judge Stewart (Melbourne) (with Judge Burchardt)
- Judge Driver (William Street Sydney)
- Judge Willis AM (all single judge registries), and
- Judge Vasta (overall coordinator).
Judicial Education Committee
The Judicial Education Committee provides advice and recommendations to the Chief Judge on judicial education and professional development, and on coordinating and promoting professional development activities.
Membership as at 30 June 2021 comprised:
- Judge Cole OAM
- Judge Vasta
- Judge Stewart
- Judge Street
- Judge Mercuri
- Judge Kendall (Chair)
- Judge Kari, and
- Judge Taglieri.
Cultural and Linguistic Diversity Committee
The Cultural and Linguistic Diversity Committee is tasked with identifying barriers to access to justice in the Federal Circuit Court for people from non-English speaking backgrounds, identifying the relevant issues and developing and implementing strategies to overcome such barriers.
The focus of the committee during the financial year was to identify issues that could be the subject of action in the short and medium term.
Membership for 2020–21 comprised:
- Judge Harman
- Judge Vasta, and
- Judge Obradovic.
Children’s Committee
The Children’s Committee, a joint initiative between the Federal Circuit Court and the Family Court, meets to explore the work to be undertaken with respect to the involvement of children in parenting proceedings and improving the experiences of children in the family law system.
The committee has established and is building links with the Australian Children’s Contact Services Association.
Membership for 2020–21 comprised:
- Judge Cole OAM (Chair)
- Justice Moncrieff (Family Court of Western Australia)
- Janet Carmichael
- Kylie Beckhouse (Legal Aid NSW)
- Alexandra Wearne (Independent Children’s Lawyer (ICL) NSW)
- Kate Bint (Independent Children’s Lawyer, Qld), and
- Gayathri Paramasivam (Victoria Legal Aid).
The Honourable Justice Forrest was a member of the committee but retired during the 2020–21 financial year.
Research and Ethics Committee
The Research and Ethics Committee is a joint committee established to consider and advise on research proposals that are received by the Courts on their merits and against ethical guidelines.
Membership of the committee as at 30 June 2021 comprised:
- Justice Gill (Chair)
- Judge M. Neville
- Virginia Wilson
- Manuela Galvao, and
- Elizabeth Evans (Secretariat).
The Honourable Justice Stevenson was a member of the committee but retired during the 2020–21 financial year.
Collaborative committees
Joint Rules Harmonisation Working Group
A joint committee of the Family Court and Federal Circuit Court, comprising judges of both courts, responsible for developing a common set of rules, forms and case management in the Courts. The working group was first chaired by the Honourable Dr Chris Jessup QC. Upon Dr Jessup’s resignation, the Honourable Ray Finkelstein AO QC was appointed the Chair. The committee is also assisted by two barristers, Emma Poole and Christopher Lum.
Members of the working group for 2020–21 included:
- The Hon Ray Finkelstein AO QC (Chair)
- Chief Justice Alstergren
- Deputy Chief Justice McClelland (Family Court)
- Justice Ryan (Family Court)
- Justice Watts (Family Court)
- Justice Rees (Family Court)
- Justice Williams (Family Court)
- Justice Hartnett (Family Court)
- Judge Driver (Federal Circuit Court)
- Judge Hughes (Federal Circuit Court)
- Judge Harland (Federal Circuit Court)
- David Pringle
- Virginia Wilson
- Anna Parker
- Ms Emma Poole of Counsel
- Mr Christopher Lum of Counsel, and
- Jordan Di Carlo.
Dr Chris Jessup QC was the former Chair of the committee but resigned during the 2020–21 financial year.
Judicial Conduct Committee
The committee was established by the Chief Justice, the Honourable William Alstergren, as a joint committee of the Family Court and Federal Circuit Court to review the Courts’ protocols for dealing with allegations of judicial misconduct and to make recommendations as warranted.
Members of the committee for 2020–21 included:
- The Hon Jennifer Coate AO
- Justice Jan Stevenson
- Justice Shane Gill
- Justice Michael Baumann AM
- Justice Robert Harper
- Justice Norah Hartnett
- Justice Tom Altobelli
- Judge Sylvia Emmett AM
- Judge Susan Purdon-Sully
- Judge Alister McNab
- Judge Brana Obradovic
- Judge Patrizia Mercuri
- Judge Christopher Kendall (Chair)
- David Pringle, CEO and Principal Registrar
- Virginia Wilson, Deputy Principal Registrar and National Family Law Registrar
- Darrin Moy, Executive Director People, Culture and Communication, and
- Amanda Morris, National Registrar, Judicial and Registrar Case Management.
Joint Costs Advisory Committee
The committee comprises representatives of the four federal courts: the High Court of Australia, the Federal Court, the Family Court and the Federal Circuit Court.
Membership as at 30 June 2021 was:
- Philippa Lynch, CEO and Principal Registrar, High Court of Australia
- Scott Tredwell, Acting Deputy Principal Registrar, Federal Court
- Virginia Wilson, Deputy Principal Registrar, Family Court/ Federal Circuit Court, and
- Amanda Morris, Family Court/ Federal Circuit Court.
- Justice Benjamin AM was Chair of the committee but retired during the 2020-21 financial year.
Scales of costs
The current cost scales for each of the federal courts are provided for in the following legislation:
- High Court Rules 2004 Schedule 2
- Federal Court Rules 2011 Schedule 3
- Family Law Rules 2004 Schedule 3, and
- Federal Circuit Court Rules 2001 Schedule 1.
Audit and Risk Management Committee
The Audit and Risk Management Committee is established in accordance with s 45 of the Public Governance, Performance and Accountability Act 2013. The CEO and Principal Registrar must establish and maintain an Audit Committee, with the functions and responsibilities required by s 17 of the Public Governance, Performance and Accountability Rule 2014.
The functions of the committee are to:
- provide independent assurance of the effectiveness of the entity’s Risk Management Framework
- review compliance with the entity’s Risk Management Policy
- monitor the implementation of the entity’s Risk Management Plan
- review compliance with finance law, including financial and performance reporting
- review risk reports periodically (quarterly and annual reports)
- review the internal control programs and advise whether key controls are appropriate and are operating effectively
- monitor and understand the potential impact of emerging risks on the entity’s ability to achieve its objectives, and
- provide assurance that the entity has well-designed business continuity and disaster recovery arrangements in place and are tested periodically.
Membership of the committee as at 30 June 2021 comprised:
- Mr Ian Govey, External Member (Chair)
- Justice Nicholas, Member (Federal Court)
- Justice Farrell, Member (Federal Court)
- Justice Murphy, Member (Federal Court)
- Justice Harper, Member (Family Court)
- Justice McEvoy, Member (Family Court)
- Judge Driver, Member (Federal Circuit Court)
- Justice Howard, Member (Family Court), and
- Ms Frances Cawthra, External Member (retired December 2020)
- Mr David Donovan, External Member (appointed January 2021).
Justice Benjamin AM was a member of the committee but retired during the 2020–21 financial year.
Federal Court Security Committee
This is a joint courts committee which considers issues of security across the federal courts with cross-jurisdictional representation, supporting the overarching security issues across the entity.
Membership of the committee comprises:
- Justice Logan (Chair)
- Justice Lee
- Justice Perry
- Deputy Chief Justice McClelland
- Judge Vasta
- Catherine Sullivan, and
- Steve Fewster.
Aboriginal and Torres Strait Islander access to justice
L-R: Dennis Remedio, Judge Willis, Magistrate Payne and Magistrate Pearson
Judge Liz Boyle has continued to run the exceptionally busy Indigenous List in Sydney. Her Honour was interviewed by the NSW Law Society Journal about the list as part of their NAIDOC edition. As part of Her Honour’s celebration of National Reconciliation Week, the Sydney registry hosted the Great Book Swap and heard guest speaker, Brad Gambetta, talk about the Indigenous Literacy Foundation project to raise funds for culturally relevant books for children in remote communities. Judge Boyle has continued community engagement with the NSW Children’s Court regarding their proposal to commence an Indigenous List in care proceedings.
In Adelaide, Her Honour Judge Charlotte Kelly hosted a morning tea to celebrate NAIDOC week and raise funds for the Great Book Swap. The guest speaker was Amy Cleland, Program Director for Social Science (Human Services) in the Justice and Society Unit at the University of South Australia. Amy is a descendent of the Larrakia Nation and spoke about her academic work focused on the importance of Aboriginal literature and scholarship and her own work in child protection working with Aboriginal families and children.
In Cairns, Judge Josephine Willis had the opportunity and privilege to be involved in helping Alistair Nicholson AO RFD QC, and the Kupai Omasker working party and elders in drafting the new Queensland Bill in late 2020 relating to formalising cultural adoption. The Bill, which has now passed into legislation, is called Meriba Omasker Kaziew Kazipa (Traditional Child Rearing Practice). It has taken over 30 years of lobbying by Torres Strait Islanders to have this practice enshrined in legislation and it is the first legislation in Queensland to be titled in traditional language. The title means For our Children’s Children. Judge Willis provided submissions on the Bill and appeared at the public hearings conducted by the Queensland Parliament. Torres Strait Islander Elder, Aunty Ivy Trevallian, was recognised for her life’s work, including on this legislation, in the 2021 Queensland Greats Award.
In Cairns, a National Reconciliation Week morning tea was held with special guests Magistrate Sandra Pearson who supports the Murray Court in Cairns, and Magistrate Jacquie Payne, Queensland’s first Aboriginal Magistrate. Judge Willis was also part of a panel for a forum held by the Brisbane Aboriginal and Torres Strait Islander Professional Alliance, called More than A Word – Reconciliation Takes Action. The successful forum was organised by Debra Bennet, the Lead Aboriginal and Torres Strait Islander Engagement and Cultural Advisor for Relationships Australia Queensland. Aunty McRose Elu, an elder and tireless advocate for Torres Strait Islander people was another speaker on the panel. Aunty McRose was awarded the 2021 Queensland Senior Australian of the Year.
The Court’s Indigenous Liaison Officer, Dennis Remedio, continues to contribute to the work of the Court in Queensland. The Court is currently attempting to secure the services of other Indigenous Liaison Officers in Sydney, Adelaide and Darwin, followed by other locations.
Internal and external scrutiny
External scrutiny
Commonwealth Ombudsman
The Commonwealth Ombudsman received 16 approaches about the Federal Circuit Court for the period 1 July 2020 to 30 June 2021. Of these approaches, 16 were closed without investigation.
External evaluations
There were no external evaluations.
Internal evaluations
There were no internal evaluations.
Media and stakeholder engagement
The Court’s National Manager, Media and Public Affairs, is responsible for the management of all media requests and inquiries received by the Court. These inquiries may relate to specific cases, judgments for cases, or issues relating to the Court’s family law and broader jurisdiction.
During 2020–21, the Court disseminated 28 media releases, which compares to 14 media releases published in the previous financial year. In addition, the Court provided many statements to individual journalists upon request.
Engaging with the media is an important part of communicating the work of the Court to the Australian public. The Chief Judge is committed to open justice and in line with that commitment, his Honour participated in a number of interviews with journalists during the reporting year and undertook informative discussions with individual journalists.
The increased level of media engagement commenced in response to the COVID-19 pandemic in the first half of 2020, and continued throughout 2020-21. The Court provided guidance for parents and the general community as state and territory governments introduced varying levels of travel and other restrictions which impacted the ability of some separated and divorced parents to adhere to and manage shared-parenting arrangements. Of particular note was ongoing communication to the public that the Court was available to deal with cases through the Court’s COVID-19 Urgent list.
To ensure that the Court continued to be open and accountable notwithstanding the challenges faced as a result of the pandemic, the Court provided access to online hearings to the media during the year and published hundreds of judgments online, via its website and other legal publication sites.
The Chief Judge participated in several webinars and delivered speeches at other events during the year. Of significance was His Honour’s appearance as keynote speaker at the National Stop Domestic Violence Conference held in Queensland in December 2020 during which, he officially launched the Court’s family violence-related pilot, the Lighthouse Project. For more information, see Appendix 7 (Judge Activities).
Social media
With the move to more digital practices, the Court uses social media to communicate in real time with court users and the profession. During the COVID-19 pandemic, Twitter was an effective tool for quickly distributing information to the profession and court users.
Twitter provides followers with timely, relevant and easy access to information about the Court. Followers are predominately legal professionals, law students, journalists and members of the general public.
Tweets include:
- judgments, reports, publications and factsheets
- legislative news – changes to rules, practice directions, forms or fee updates
- Commonwealth Courts Portal news, and
- media releases and statements.
2020–21 Twitter statistics at a glance
2,798 followers net growth of 454
184,563 Impressions:
Top tweets
The Court’s Twitter address is https://twitter.com/FedCctCourtAU
Correction of errors in the 2019–20 annual report
The Court has no matters to report.
