Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I table an addendum to the explanatory memorandum relating to the Access to Justice (Civil Litigation Reforms) Amendment Bill 2009. Can I thank all senators who have contributed to this debate and can I also, consistent with some of the contributions, thank the Senate Legal and Constitutional Affairs Legislation Committee, who delivered their report on this bill in September. Their inquiry was conducted in a short time frame and the government is aware that at the same time the committee was considering a number of other bills and conducting major inquiries into access to justice in Australia’s judicial system and the role of judges.

The committee found that there is widespread support for the reforms contained in the bill. There were two specific recommendations made. The first was to clarify the scope and operation of proposed section 37N(1), which requires parties to act consistently with the new overarching purpose. I am advised that the government has clarified this by circulating the addendum to the explanatory memorandum. The second recommendation was to make sure that security for cost orders can still be appealed. The government has responded to this recommendation by moving a government amendment to the bill. In addition to responding to the committee’s recommendations, the government has made a further amendment to encourage judicial transfers. As some senators have recalled, the government expects numerous benefits from Commonwealth participation in a one-way transfer of a Federal Court judge to state supreme courts. These include enhanced knowledge and experience of judicial officers, retention of experienced officers for longer periods and a more consistent body of national decision making in areas of common jurisdiction. This amendment also sends a clear message that the Rudd government intends to be proactive in working with the states to pursue national court excellence. Both Senators Abetz and Brown referred to the issue of the Federal Court registry in Hobart. I can indicate that the government will support the new amendments moved by Senator Brown in the committee stage and I will make some further comments at that point.

These case management provisions are timely. High Court Chief Justice French has observed that in the Federal Court the intensity of judicial case management has been increasing, and the High Court’s recent decision on case management in the AON case will reinforce the case management reforms being introduced by this bill to effect a cultural change in the way litigation is conducted in the Federal Court, a change that leads to improved access to justice. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.