Annual Review 2002 - Executive and Related Services
Executive and Related Services
Administrative and clerical support to the Court is provided by its Executive Office and Registry, managed by the Court’s Chief Executive Officer and Principal Registrar, Mrs Nerida Johnston. This includes general registry support, provision of staff for judicial officers, assistance to the Rule Committee, administration of the costs assessment and pro bono schemes and, with the assistance of the NSW Attorney General’s Department, support in relation to accommodation, finance and information technology management.
In consultation with the Chief Justice and the other judicial officers, the Chief Executive Officer is responsible for securing and managing the resources provided to the Court by the NSW Attorney General’s Department. The Chief Executive Officer also provides executive support to the Judges and Masters and develops policies and strategies for improving delivery of services to the Court and its users. In that capacity the Chief Executive Officer represents the Court on a range of committees and is a director of Law Courts Limited, the company that manages the Law Courts Building.
During 2002 the Policy and Research Officer, Ms Jeannie Highet, prepared reports for the Common Law Conference to assist development of case management strategies and civil case time standards, analysed and reported the results of the Registry’s 2001 biennial client survey, managed and reported the results of the Court’s survey of the impact of self-represented litigants, and reported the achievements of the Court’s Acting Judge program. She also provides material and briefings in relation to the operations of the Court for the Attorney General’s Department, co-ordinates the collection of the Court’s data for the Productivity Commission’s annual Report on Government Services, prepares responses to correspondence directed to the Executive Office and provides editorial guidance in the preparation of publications including the Annual Review.
STAFF OF JUDGES AND MASTERS
The staff of each Judge includes an associate and a tipstaff. Each Master has an associate. The Chief Justice has the additional support of a secretariat and a research officer and the Public Information Officer. The President of the Court of Appeal also has a research assistant. Additional research assistants, four in all, are available to the Court of Appeal, each of the Common Law and Equity Divisions and to the Judges of the Equity Division handling commercial cases.
The Judicial Support Co-ordinator, Ms Bettina Papazoglou, oversees the staffing of judicial officers and provision of support services. This included arranging chambers, staff and working tools to be provided for each of the acting judicial officers.
Ms Papazoglou, with the assistance of Mr John Grant, also co-ordinates in-court support to judicial officers and juries by court officers. This includes arranging video links and in-court document management for the technology courtrooms.
Prior to Ms Papazoglou’s appointment as Judicial Support Co-ordinator, Ms Julie Weske held the position. The valued support Ms Weske provided to judicial officers is gratefully acknowledged.
The Public Information Officer is a member of the Chief Justice’s personal staff and is responsible for increasing public awareness of the operations of courts by providing specialist media advisory expertise to the NSW judiciary and courts, as well as community liaison assistance. In this position Ms Kimberley Ashbee is the principal media contact and spokesperson for the Court. She is also the principal media contact for the District Court and concerning Local Court matters. Ms Ashbee assists the media with access to court files, information about particular issues that arise and a range of enquiries covering all other NSW courts. Ms Ashbee co-ordinates the drafting and publication of the Court’s Annual Review. She also organises education activities so that members of the public, including groups of school children and especially secondary and tertiary legal studies students, can visit the Court and develop a better understanding of the Court’s role in society and the work of the judiciary.
The Public Information Officer continues to handle approximately 15 to 20 media enquiries per day and most are dealt with at the time they are made. The distribution of media advisories to journalists covering particular trials and media lawyers concerning non-publication and suppression orders continues to be a valuable service provided by the Public Information Officer.
Where the Chief Justice has approved requests for filming or photography within the Court’s Queens Square or Darlinghurst complexes, the Public Information Officer arranges access and, if necessary, attends. During the year she also assisted in preparing material on the role of the judiciary, and arranged interviews with the Chief Justice and the Chief Judge of the Land and Environment Court, for inclusion in a Department of Education website about the NSW Consititution.
Approximately 50 school, university and community group tours were conducted during the school year by Ms Ashbee or Registry staff. The assistance given by court officers in guiding many groups visiting the Darlinghurst courts is appreciated.
REGISTRY
The Registry provides administrative and clerical support to enable the Court to manage its work. Registry staff check and accept documents filed at the Court, list matters for hearing, issue court process, attend to the information needs of the Court’s users by providing information and guidance in relation to procedures, maintain the Court’s files and computer records and ensure that all necessary facilities are provided for hearings.
Registry staff have maintained a high level of commitment to their responsibilities, guided and supported by the managers and supervisors of the various work areas. The Registry’s Business Plan 2001-2003 outlines key operational priorities and outcomes to meet the challenges and outcomes set out in the NSW Attorney General’s Department’s document Our Commitment to the Community. The priorities and outcomes identified in the Business Plan are underpinned by a number of strategies. Each strategy has an action plan. Work plans developed in each of the operational sections ensure that the progress of identified initiatives
is monitored and that emerging require-ments are identified and addressed.
In 2002 the Plan’s achievements included:
• progressive review and documentation of the Registry’s operational procedures to guide staff training and ensure consistency in the way matters are handled – the process will also provide background to inform the development of a new computer system for the courts (CourtLink)
• extension of Registry opening hours on 1 July 2002 from 4pm to 5pm daily, arising from comments in the biennial registry user survey
• completion of a survey about self-represented litigants – further work in this area will take place in 2003
• production of a number of brochures and information sheets to assist court users
• commencement of work on a large archiving project for old probate files.
Key operational areas of the Registry and their responsibilities are as follows:
Court Services
The Court Services section of the Registry includes the following functional areas:
Listing Services
This area provides general list office services such as management of listing for the Common Law and Equity Divisions, recording outcomes of hearings, organising civil circuits and managing the arbitration program. Listing Services also assists people with adoption applications or applications for access to information about adoptions. Several Registrars, the Assistant Registrar (Common Law), a Senior Deputy Registrar and Deputy Registrars in the Court Services section undertake pre-trial case management, hear certain interlocutory applications and preside over examinations under the Corporations Act 2001 (Commonwealth) and for recovery of criminal assets. Listing Services also provides registry support for processing committals, bail applications, applications under section 474D of the Crimes Act 1900 and Common Law Division criminal summary jurisdiction proceedings.
Court of Appeal Registry
This registry provides specialist registry services to support the Court of Appeal.
Court of Criminal Appeal Registry
This registry provides specialist registry services to support the Court of Criminal Appeal. It also enforces orders of the Court of Criminal Appeal concerning custody of prisoners.
Duty Registrar
Duty Registrars provide information and procedural assistance to court users.
Client Services
This section provides registration services, including the filing of documents and the issue of process for court users. In addition, the section provides information services for users and manages court records and exhibits.
Probate Office
The Probate Office processes applications for granting of representation in deceased estates, attends to the registration and safe custody of wills, safely stores and provides ready access to probate records. It also approves executors’ accounts and estate management.
Information Technology
The Information Technology section of the Registry is responsible for developing, implementing and monitoring information technology strategies for the Court. This section works with the Attorney General’s Department to ensure that cases can make effective use of the Court’s courtroom technology and video conferencing facilities. Support services for the judgment database, Caselaw, are also provided by this section.
Budget and Resources
The Budget and Resources section is responsible for financial management and resourcing the needs of the Court.
Costs Assessment
The Costs Assessment section undertakes the day-to-day administration of the Costs Assessment Scheme.
The Costs Assessment Scheme is the exclusive method of assessment of legal costs for most jurisdictions. A costs assessment application enables an assessor to determine costs disputes between practitioners and clients, between practitioners and practitioners or between parties to legal proceedings. Applications under the Scheme are determined by external assessors who are appointed by the Chief Justice. All assessors are members of the legal profession and educational seminars are arranged for them each year by the Costs Assessors’ Rules Committee. Mr Robert Benjamin, solicitor, chaired the Costs Assessors’ Rules Committee during 2002.
During 2002 there were 2275 applications lodged. Of these, 1832 (81 per cent) related to costs between parties, 163 (7 per cent) were brought by clients against practitioners, and 280 (12 per cent) were brought by practitioners. The review process, which is relatively informal in nature, is carried out by two assessors of appropriate experience and expertise and is conducted along similar lines to that used in the original assessment process. The review panel can vary the original assessment and is required to provide a short statement of its reasons. During 2002 there were 79 applications filed for review of costs assessments. There is still provision to appeal the review panel’s decision to the Court, as of right on questions of law and otherwise by leave. These appeals are heard by Masters in the Common Law Division and form part of its civil caseload. There were 18 such appeals filed in 2002.
Pro bono scheme
The pro bono scheme was established in 2001 with support of both the NSW Bar Association and the Law Society of NSW. During 2002, 11 parties were assisted through the scheme. The scheme enables unrepresented litigants who are considered by the Court to be deserving of assistance to be referred through the Court’s Executive Office to a barrister and/or a solicitor who will assist them. The referrals made during 2002 involved the provision of legal advice and, in some cases, an appearance at a subsequent hearing. The assistance of practitioners who support the scheme is greatly appreciated.
COURT VISITORS
Representatives of the following overseas bodies visited the Court during the year:
The People’s Government of Shanghai Municipality (People’s Republic of China)
World Jurist Association (USA)
Tribunal de Première Instance (New Caledonia)
Hofstra University Law School (USA)
Various superior and appellate courts from the Asia Pacific region – arranged through the International Development Law Institute (Italy)
Post-Release Supervision Board (Hong Kong Special Administrative Region, China)
Shandong Provincial High People’s Court (People’s Republic of China)
Beijing High People’s Court (People’s Republic of China)
Tokyo High Court (Japan).
OTHER SUPPORT SERVICES
The NSW Attorney General’s Department provides the Court with essential support services. The Court thanks the Department’s Director General, Mr Laurie Glanfield AM, for the support both he and his Department have given during the year.
The Court also acknowledges the support provided by Mr Garry Donnelly, the Chief Executive Officer of Law Courts Limited, and his staff in co-ordinating refurbishment works, maintaining the Law Courts Building facilities and providing assistance to court users.
Thanks are also extended to the Judicial Commission of NSW for support provided in training of judicial staff and planning and running the Court’s annual conference and programs for newly appointed Judges. The assistance provided by Mrs Charlotte Denison and Ms Ruth Windeler, in particular, concerning venue arrangements and liaison with guest speakers for the conference, is acknowledged.
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