The Equity Division deals principally with civil cases in which claims are made for remedies other than recovery of debts or damages. Claims for injunctions to prevent wrongful conduct, to have contracts enforced or set aside, to rights of property (including land and intellectual property), and claims relating to the administration of corporations, partnerships, trusts and deceased estates are dealt with by the Division. Applications
under numerous statutes including the Corporations Act 2001 (Commonwealth), Family Provision Act 1982 and Property (Relationships) Act 1984 are also brought in the Division. The workload of the former Admiralty, Commercial, Family Law, Probate and Protective Divisions is dealt with by Equity Judges, as is the Construction List.


ORGANISATION OF BUSINESS
The judicial work of the Division is carried out by 12 Judges, two Masters, two Registrars and a number of Deputy Registrars. Three of the 12 Judges are dedicated to the Construction, Commercial and Admiralty Lists. From time to time, the Division also receives assistance from Acting Judges.
Apart from applications for probate, most summonses and notices of motion are listed before a Registrar who may give directions and may refer the matter to a Judge or Master. The Registrar may refer a matter to the Duty Judge, the Judge dealing with the Corporations List, or a Master, or place it in the general list or the short notice list or, if appropriate, hear the matter personally.
Most applications for the winding up of corporations are dealt with by a Registrar or Deputy Registrar. On Monday to Thursday each week, a Deputy Registrar sits to deal with subpoenas or notices to produce. Contested subpoenas or notices to produce are referred to the Registrar for hearing.

Lists

There are a number of lists dealing with specialist areas of the Division's work. Particular Equity Division Judges are responsible for each of these lists. They are Mr Justice Windeyer (Probate and Protective Lists), Justice John Bryson (Adoptions List), Mr Justice R L Hunter (Commercial, Construction and Admiralty Lists) and Justice Santow (Corporations List).

Admiralty List

The Admiralty List deals with maritime and shipping disputes. It is administered by the same Judges and in the same manner as the Commercial List.

Adoptions List

This List deals with applications for adoption orders and for declarations of the validity of foreign adoptions under the Adoption of Children Act 1965. When all supporting affidavits are filed, most applications are unopposed and are dealt with by Judges in the absence of the public and without the attendance of applicants or their lawyers. Unopposed applications require close attention for compliance with formal requirements but there is little delay. A small number of contentious hearings take place in court in the absence of the public. Most of these relate to dispensing with consent to adoption. Requests for information under the Adoption Information Act 1990 are dealt with by the Registrar in Equity.

Commercial List

The Commercial List is concerned with cases arising out of transactions in trade or commerce. The case management and hearing of matters in this List are usually allocated to Mr Justice R L Hunter, Justice Clifford Einstein or Justice Bergin. The judicial case management regime, which was developed in the former Commercial Division, ensures that, by attention to the true issues at an early stage, timely exchange of witness statements and overseeing the preparation of every case, matters are brought on for hearing quickly. There is also adherence to the allotted hearing dates and the policy has been adopted of continuing hearings, even though time estimates may be exceeded, to conclusion.

Construction List

The Construction List deals with disputes arising out of building or engineering contracts. It is administered by the same Judges and in the same manner as the Commercial List.
From 1 January 2002 the List will be known as the Technology and Construction List in recognition of the increasing number of cases involving complex technological issues. These cases will now join cases involving building or engineering contracts for hearing in the List.

Corporations List

The work of this List is carried out mainly by Justice Santow and Justice Austin. A Judge sits each Monday to hear short applications under the Corporations Act 2001 (Commonwealth) and related legislation. The Judge will also give directions and monitor preparations for hearing in longer matters, as well as in other complex corporate matters. Cases managed in this List are generally given a hearing date when ready. This List is now the busiest in Australia, accounting for approximately half the reported cases in the specialist law reports.

Probate List

The work performed by the Judges and the Probate Registry consists of both contentious and non-contentious business. The majority of non-contentious cases are dealt with by the Registrar and Deputy Registrars. This includes the granting of common form probate where applications are in order and unopposed.
Both the Probate List Judge and the Registrars have procedures whereby some supervision is kept over executors in the filing of accounts and ensuring beneficiaries are paid. This supervision is usually by way of "spot checks" or after receiving a complaint.
The Registrar sits in court twice each week to consider routine applications and applications concerning accounts. Should a routine application require a decision on a matter of principle, the application is referred to the Probate List Judge, usually for hearing the same day.
The Probate List Judge sits once a week to deal with complex applications. If an application can be dealt with quickly it is usually heard immediately. Others are set down for hearing, normally within a month.
Contentious business, particularly disputes as to what was a testator's last valid will, is monitored by either the Registrar or a Judge. When these cases are ready to proceed, they are placed in the call-over list to receive a hearing date before an Equity Judge.
The Probate List Judge meets with the Registrars on a regular basis to discuss the efficient working of the List.

Protective List

The work of this List is to ensure that the affairs of people who are incapable of looking after their property or themselves are properly managed. The List also deals with appeals from the Guardianship Tribunal of NSW. The Protective List Judge also deals in chambers with applications by the Protective Commissioner for advice as to the administration of estates.
Most matters are dealt with pastorally with a minimum of legalism. However, when there is a dispute which cannot be solved in this way, it is decided according to law.
The Deputy Registrar dedicated to the Protective List sits in court one day a week and almost all cases are listed in front of her. The Deputy Registrar may submit a case to be determined by the Judge without further appearance or adjourn a case into the Judge's list. A Judge sits once a week to deal with any referred cases. Most cases are considered on the Judge's usual sitting day as soon as the parties are ready but longer cases are specially fixed, normally within a month.
The Protective List Judge meets with the Deputy Registrar each month to discuss the efficient working of the List.

Other lists

Other lists in the Equity Division that appear in this report are the expedition, short notice, Masters' and general lists.

Expedition list

Each year two Judges of the Division are designated to sit exclusively in the expedition list. In 2001 the expedition list Judges were Mr Justice Windeyer and Justice Austin. They heard all applications for expedited hearings. A matter is expedited when sufficient urgency is shown. When the application is granted, the Judge gives directions and monitors the preparations for hearing. The same Judge hears the matter when it is ready to proceed.

Short notice list

Cases in this list are fixed for hearing before Judges when judicial time becomes available at short notice. A Registrar maintains this list, which includes cases that will be ready for hearing with three days' notice. These are mostly cases of a less complex kind and can usually be disposed of within one day.

Masters' list

The work of the Equity Division Masters includes dealing with contested procedural applications and conducting inquiries directed by Judges. Their independent work includes the hearing of most applications under the Family Provision Act 1982, the Property (Relationships) Act 1984 and certain provisions of the Corporations Act 2001 (Commonwealth). The chapter titled "The Masters" also describes the work of Masters.
Each month cases to be heard by a Master are called over and hearing dates about two months ahead are given. Each morning one of the two Masters takes matters referred by the Registrar and determines such of them as can be dealt with immediately, before proceeding to hear matters previously fixed for hearing.

General list

Other cases are placed in a general list when set down for hearing (if commenced by statement of claim) or when considered ready for hearing (if commenced by summons). Four times a year the Registrar conducts a call-over of these matters. The Registrar gives provisional fixtures for hearing (about three months ahead) and nominates a Judge to hear the matter. A pre-trial directions hearing (about one month ahead) is also appointed before the same Judge. At that pre-trial directions hearing the Judge monitors the preparations for hearing, gives directions and endeavours to ensure that the matter will be ready to be heard on the date fixed.

Duty Judge

At all times there is an Equity Division Judge acting as the Duty Judge. The Duty Judge mainly hears urgent interlocutory applications and uncontested or short matters, sometimes outside normal court hours. Judges of the Division act as Duty Judge on a roster system, for two weeks at a time. Where the Duty Judge considers there would be a substantial saving of the Court's time if a certain case was given an early final hearing, the Duty Judge may (within certain limits) fix an early hearing date and engage in pre-trial management of the case. The work covers an enormous range, including such matters as urgent applications by the Department of Community Services to intervene where a child's welfare is involved, as well as property and commercial disputes.

Registrars

Registrars also deal with procedural applications of various kinds and with applications under the Adoption Information Act 1990. The work of the Equity Division Registrars is referred to throughout this chapter. The chapter titled "The Registrars" also describes the work of Registrars. The Probate List Judge is supported by a Registrar who also manages non-contentious probate proceedings.

Alternative dispute resolution

The Equity Division encourages the settlement of disputes by alternative means, such as mediation. The Supreme Court Rules specifically provide for the referral of proceedings to mediation or neutral evaluation processes with the consent of the parties and referrals for mediation may now also be made without such consent. An information package is available from the Registry in relation to mediation and neutral evaluation and includes a list of mediators and evaluators to whom Supreme Court proceedings may be referred under Part 7B of the Supreme Court Act 1970. The Registrar of the Division, the Probate Registrar and the Senior Deputy Registrars are also qualified mediators.
In the Commercial, Construction and Admiralty Lists orders are frequently made in appropriate cases referring to suitably qualified experts technical questions for inquiry and report. Sometimes the whole matter is referred out. On receipt of the report the Court determines whether and to what extent it should be adopted. This procedure enables the speedier resolution of many technical questions.

OPERATIONAL STATISTICS

New filings

Admiralty List

There were four proceedings commenced, compared with 9 in 2000, 21 in 1999 and 27 in 1998.

Adoptions List

There were 143 applications filed, compared with 150 in 2000, 159 in 1999 and 189 in 1998.

Commercial List

There were 196 proceedings commenced, compared with 174 in 2000, 173 in 1999 and 150 in 1998.

Construction List

There were 56 proceedings commenced, compared with 45 in 2000, 47 in 1999 and 57 in 1998.

Corporations List

There were 3148 proceedings commenced, compared with 2316 in 2000, 2242 in 1999 and 2271 in 1998.

Probate List

During the year 20,825 applications for a grant of probate or other related matters were filed (including 124 contentious matters), compared with 20,672 (including 101 contentious matters) in 2000, 20,086 (including 86 contentious matters) in 1999 and 20,305 (including 126 contentious matters) in 1998.
In 2001, there were 19,856 applications filed by way of summons without a return date, 22 by summons with a return date, 28 by statement of claim and 919 by other methods. Matters were filed at a relatively constant rate throughout the year. Applications for a grant of probate came from the following sources: 17,628 from solicitors (17,697 in 2000), 1328 applications by the Public Trustee (1258 in 2000), 456 personal applications (421 in 2000) and 152 private trustee company applications (183 in 2000). These figures represent 90.1 per cent, 6.8 per cent, 2.3 per cent and 0.8 per cent, respectively, of all applications for grant of probate filed during 2001.
Trustee companies filed 692 elections (815 in 2000) to administer estates of less than $50,000. An election is a statutory power to "elect" to administer an estate and is restricted to trustee companies. In these types of cases it operates as an alternative to applying for a normal grant.

Protective List

There were 91 applications filed, compared with 107 in 2000, 128 in
1999 and 180 in 1998. A further 30 miscellaneous applications stemming from previous matters were heard by the Judge.

Other Equity Division new filings

Property (Relationships) Act matters

There were 45 proceedings commenced, compared with 48 in 2000, 55 in 1999 and 76 in 1998.

Family Provision Act matters

There were 481 proceedings commenced, compared with 440 in 2000, 464 in 1999 and 465 in 1998.

Other matters

There were 1440 other proceedings commenced, compared with 1311 in 2000, 1470 in 1999 and 1278 in 1998.

Disposals

Admiralty List

In 2001, 11 cases were disposed of, compared with 18 in 2000 and 24 in 1999. The statistics for the time taken from commencement to disposal are set out in Table 7.

Adoptions List

In 2001, 129 orders were made, compared with 152 in 2000, 157 in 1999 and 179 in 1998. It is estimated that over 70 per cent of the applications were disposed of within 2.4 months of commencement. The time taken is measured from the date of filing the summons.

Commercial List

In 2001, 173 cases were disposed of, compared with 139 in 2000 and 159 in 1999. The statistics for the time taken from commencement to disposal by final judgment or order, settlement or discontinuance are set out in Table 8.

Construction List

In 2001, 29 cases were disposed of, compared with 38 in 2000 and 67 in 1999. The statistics for the time taken from commencement to disposal are set out in Table 9.

Probate List

A total of 23,140 grants were made in 2001. The most common grant was the grant of probate in common form (20,627). Other categories of grant were: administration (1524), administration with will annexed (716) and reseal (273).
In 2001, 136 contentious matters were completed. The statistics for the time taken from commencement by filing of an application for probate to disposal by final order are set out in Table 10 and indicate that 55 per cent of the contentious matters were completed within 6 months of filing and 70 per cent within 12 months.
Some matters in the Probate List were disposed of using alternative dispute resolution. In 2001, Probate Registrars conducted 70 mediations covering probate and non-probate issues. Approximately 73 per cent of these cases were settled at mediation or subsequent to mediation. Of the mediated matters that involved probate issues only, 80 per cent were settled.

Table 7. Admiralty List disposals

Disposals	2000	2001
within 6 months	6	2
within 12 months	11	3
within 18 months	16	3
Total	18	11

Table 8. Commercial List disposals

Disposals	2000	2001
within 6 months	48	56
within 12 months	83	104
within 18 months	101	141
Total	139	173

Table 9. Construction List disposals

Disposals	2000	2001
within 6 months	4	7
within 12 months	14	18
within 18 months	21	21
Total	38	29

Protective List

All but five applications filed in 2001 were disposed of during the year. These remaining matters were finalised in February 2002. All cases are disposed of within two months of commencement (which is by summons) unless the parties require further time to obtain medical or financial evidence. Some finalised matters later require further consideration by the Court as the health or asset position of the person concerned changes with time. If this occurs, the file is re-opened and not recorded as a new filing.

Other disposals

Other matters, including disposal of cases in the Corporations List, Property (Relationships) Act matters and Family Provision Act matters, were dealt with by the making of final orders. Table 11 shows the number of these matters dealt with by judicial officers and the Registrar.

Alternative dispute resolution

Some cases were disposed of as a result of alternative dispute resolution. In 2001, there were 166 non-probate mediations conducted in the Equity Division. Overall, 78 per cent of mediations settled at mediation or subsequent to mediation.
The majority of mediations involved Family Provision Act matters. Mediations were conducted in the following areas of law: Family Provision Act, partnership, Property (Relationships) Act, declaratory relief, section 66G of the Conveyancing Act, easements, trusts, mortgagor/guarantee, negligence, taxation, costs, debt, leases, nuisance, building disputes, breach of duty, specific performance and probate. In a number of matters the dispute included more than one of the above categories and in some cases the mediation embraced disputes not apparent on the face of the court documents.

Table 10. Probate List disposals

Disposals	2000	2001
within 6 months	44	75
within 12 months	63	95
within 24 months	114	118
Total	129	136

Table 11. Other disposals 1998-2001

	1998	1999	2000	2001
Judge or Master	867	724	444	499
Registrar	2193	2113	2753	4940* * For 2001, the Registrar figure includes disposals pursuant to consent orders, mediations or dismissal under Part 32A of the Rules.

It is expected that the demand for Registrar-conducted mediations in 2002 will not diminish. Statistics show that on average more than two judge-days per matter are saved.

Pending caseload

Admiralty List

There were four cases pending at the end of 2001, compared with 10 in 2000, 19 in 1999 and 22 in 1998.

Adoptions List

There were 41 cases pending at the end of 2001, compared with 54 in 2000, 57 in 1999 and 43 in 1998.

Commercial List

There were 217 cases pending at the end of 2001, compared with 207 in 2000, 174 in 1999 and 160 in 1998.

Construction List

There were 100 cases pending at the end of 2001, compared with 68 in 2000, 56 in 1999 and 70 in 1998.

Probate List

Whilst there were no non-contentious probate applications pending at the end of the year (as in 2000), there was a total of 83 contentious matters pending, compared with 92 in 2000. Of the 83 matters, 57 had been commenced in 2001.

Protective List

There were four applications pending at the end of the year, which was the same figure as for previous years.

Other pending caseload

At present, it is not possible to report separately on pending caseload for the Corporations List, Property (Relationships) Act matters, Family Provision Act matters and other matters.
There were 2989 proceedings of these classes pending at the end of 2001, compared with 3291 in 2000 and 4093 in 1999.

Time standards

The Court has determined that it will develop time standards for the disposition of its civil trial work. The Court is not able to publish time standards until improvements are made to computer-based case management systems which will enable the Court to monitor and measure the case management process with speed and precision not presently available.

Admiralty List

The case management procedures adopted in this List mean that all cases come before a Judge approximately four weeks after the originating process is filed. This enables the Court to assess the matters in issue and any urgency. Directions hearings are held which state procedures and deadlines to be met by the parties to ready their case for final hearing. Interlocutory applications are heard generally on a Friday. A hearing date is allocated when the application is ready to be heard. Once before the Court, urgent matters can be accommodated within a very short period of time.

Adoptions List

There is no significant waiting time for hearing contentious adoption matters.

Commercial List

The position is similar to the Admiralty List.

Construction List

The position is similar to the Admiralty List.

Corporations List

Most Corporations List matters are heard within a short time after the case is fully prepared.

Probate List

In contentious proceedings, summons matters are listed before a Registrar on a date within three to four weeks of filing. Statement of claim matters are immediately listed before the Registrar once pleadings have closed. Urgent orders which can be made by the Registrar, such as orders for special grants to continue the operation of a business or legal action, are made on the day of filing.
Contested matters, where all evidence has been filed and readiness for hearing has been established, are placed in the general list for the next available call-over. The Registrar then nominates the Judge who is to hear the matter, gives a hearing date (about three months ahead) and a date for a pre-trial directions hearing (about one month ahead).
For non-contentious probate applications the time between the filing of an application and the making of the grant is usually two working days.
The time taken from the date of grant to the date of posting the parchment is normally one working day, compared with approximately three working days during 2000.

Protective List

All short applications were heard when ready. Longer matters, when ready, are given a special fixture within a month.

Other lists

There is no appreciable delay in the expedition list or the work of the Duty Judge.
For short notice list matters there is a waiting time of up to three months between the time of placement in this list and hearing. At the end of 2001, there were 14 matters in the short notice list awaiting hearing, compared with 19 at the end of 2000.
For matters in the Masters' list, approximately three months elapse between the date the matter is placed in the list and the date of hearing.
For contested matters not in any other list, where the parties comply with procedural requirements there is normally a waiting time of approximately six months between the date when the matter is placed in the general list (to be allocated a hearing date) and the date of hearing.
As at the end of 2001, there were 43 matters in the Masters' list, compared with 82 at the end of 2000, and 48 matters in the general list, compared with 12 at the end of 2000.

OTHER ASPECTS

Interlocutory applications in the Commercial, Construction and Admiralty Lists

The procedures for listing interlocutory applications in these Lists on Fridays have minimised inconvenience to the parties. Directions are generally given for written submissions. These are read by the Judge prior to hearing and shorten the actual hearing time and frequently enable extempore judgment to be given. Unless it is anticipated that an interlocutory application will last for more than two hours, the parties proceed on the basis that, once directions for the hearing have been met, the matter will be heard on a Friday.
Practitioners with cases in the directions lists that involve non-contentious directions, provide short minutes of consent orders to the Judge hearing that list prior to the Friday mention. This enables the making of orders in chambers, meaning another court attendance is unnecessary. This procedure saves parties time and inconvenience.

Electronic technology

Judges continue to encourage the utilisation of electronic technology, and steps are proceeding, with the assistance and co-operation of the legal profession, to plan for electronic filing of documents in the Court, electronic capture of documents to be exchanged between parties, electronic bulletin boards for straightforward consent orders and electronic provision of subpoenaed documents. These steps are well understood by the larger firms of solicitors but the Court must keep in mind the necessity to provide available and affordable justice for all litigants. The Court will need to ensure that these reforms do not operate to transfer costs to the Court that are now borne by litigants.

Other Probate List work

During 2001, Probate List work also included the Registrar considering 111 applications for commission by executors and administrators and making 168 declarations of the Court with respect to applications concerning informal wills. The Deputy Registrar (Accounts) vouched accounts in 289 estates and moderated or assessed bills of costs in 237 estates. The Probate Office also prepared 3638 exemplifications (official copies of a grant of probate issued under the Court seal) and 1220 office copies of wills.

Other Corporations List work