Customer Service
Telephone: 1300 352 000 – family law matters
Federal Circuit and Family Court of Australia
1300 720 980 – general federal law matters
GPO Box 9991 in your capital city
Email:
xxxxxxxx.xxxxxxx@xxxxxx.xxx.xx
14 February 2025
Archibald Andrews
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Archibald Andrews
Your request dated 29 January 2025 – Number of judgments delivered by each judge
I refer to your email dated 29 January 2025 addressed to the Federal Circuit Court of Australia
requesting documents under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
I have interpreted your request as a request directed to the Federal Circuit and Family Court of
Australia (Division 2) (the Court) under the FOI Act as the Court is a continuation of the
Federal Circuit Court of Australia following the commencement of the
Federal Circuit and
Family Court of Australia Act 2021 (Cth) (subsection 8(2)).
Authorised Decision Maker
I am authorised under section 23 of the FOI Act to make decisions on behalf of the Court in
relation to your request.
Scope of Request In your correspondence dated 29 January 2025 addressed to the Federal Circuit Court of
Australia, you requested the following:
I request documents setting out the number of final judgments delivered by each judge
of the Court between 1 July 2023 and 1 January 2025.
The information can be provided in an excel spreadsheet if that would make provision
easier.
Decision
Under subsection 5(1) of the FOI Act, it is only open to you to make a request for documents
that relate to matters of an administrative nature. The information you have requested are not
documents that relate to matters of an administrative nature, but rather in relation to the judicial
process and judicial functions of the Court.
As such, I must refuse your FOI request as none of the documents requested are, or relate to,
documents of an administrative nature within the meaning of subsection 5(1) of the FOI Act
and the decision in in
Kline v Official Secretary of the Governor General (2013) 249 CLR 645
(
Kline). Therefore, the documents requested may not be accessed under the FOI Act.
In making my decision I have had regard to:
a. The terms of your request;
b. The relevant provisions of the FOI Act and case law considering those provisions; and
c. The FOI Guidelines issued by the Office of the Australian Information Commissioner
under section 93A of the FOI Act (the FOI Guidelines).
Reasons for decision
Application of the FOI Act
The FOI Act has a restricted application to the Court (paragraphs 2.8 – 2.10 of the FOI
Guidelines). The Court is a ‘prescribed authority’ for the purpose of the FOI Act, but the Act
does not apply to judicial officers (subsection 5(1) of the FOI Act and para 2.8 of the
Guidelines).
Under subsection 5(1) of the FOI Act, the Act only applies to documents of the Court that relate
to matters of an administrative nature. The phrase ‘matters of an administrative nature’ was
clarified by the High Court in
Kline v Official Secretary of the Governor General (2013) 249
CLR 645 (
Kline) at [47]. In the joint judgment given by the then Chief Justice and Justices
Crennan, Kiefel (as she then was) and Bell, the phrase ‘matters of an administrative nature’
was described as documents which concern the management and administration of office
resources, such as financial and human resources and information technology (see paragraph
[41] with examples at paragraph [13]). Information relating to the number of final judgments
delivered by each judge does not constitute information of a kind referred to above, as they
relate to the judicial functions of the Court.
Section 17 of the FOI Act applies in circumstances where data relevant to a request is stored
by an agency in a computer system and permits, in some circumstances, a report to be generated
to provide information in compliance with a FOI request.
I do not consider that the configurable report, to the extent that it lists judges’ names and the
number of judgments delivered, is a document relating to ‘matters of an administrative nature’.
Reports relating to the workload of individual judges and the listing of individual judges’
names is for the primary purpose of the management of judicial workload by the Chief Judge,
and the Court’s case management judges. Pursuant to subsection 144(1) of the
Federal Circuit
and Family Court of Australia Act 2021, the Chief Judge is ‘responsible for ensuring the
effective, orderly and expeditious discharge of the business of the Federal Circuit and Family
Court of Australia (Division 2)’. In doing so, the Chief Judge may make arrangements as to
which judges are to sit on particular matters; assign particular caseloads and functions to
judges, and temporarily restrict a judge to non-sitting duties (subsection 144(2) of the
Federal
Circuit and Family Court of Australia Act 2021).
Accordingly, I consider the information sought relates to the discharge of the business of the
Court by the Chief Judge and not to ‘matters of an administrative nature’. I consider that to the
extent the configurable report details the workload of presiding judicial officers it is used by
the Chief Judge, his judicial delegates and individual judges in their capacity as the holders of
judicial office, and is exempt from the provisions of the Act pursuant to subsection 5(1) of the
Act.
I am not satisfied that it is practicable to redact this exempt material and to provide you with
an edited document, which could be viewed as understandable and meaningful despite the
redactions (section 22 of the FOI Act).
Charges
You have not been charged for the processing of this request.
Your Review Rights
If you are dissatisfied with my decision you may apply for internal review or to the Information
Commissioner for review of the decision. You are encouraged to seek internal review as a first
step.
1. Internal Review
Under section 54 of the FOI Act, you may apply in writing for an internal review of my
decision. The internal review application must be made within 30 days of the date of this letter
where possible. Attach reasons why you consider a review is necessary. Any internal review
will be carried out by another officer within 30 days of receipt of any request for review.
Application for a review of the decision should addressed to:
The FOI Officer
Federal Circuit and Family Court of Australia
GPO Box 9991
CANBERRA ACT 2601
By email:
xxxxxxxx.xxxxxxx@xxxxxx.xxx.xx
2.
Information Commissioner Review
Under section 54L of the FOI Act you may apply to the Australian Information Commissioner
to review the decision. An application under this section must be made in writing within 60
days of the date of this letter in one of the following ways:
• Online:
o
Information Commissioner review application form

o
FOI complaint form.
• Post (Australian Information Commissioner, GPO Box 2999, Canberra ACT 2601)
Other matters
In considering this matter, it was identified that Court’s Annual Reports include information
and data under the heading “Judgment publication”, which might be of interest. The Annual
Reports are publicly available on the Court’s website
: https://www.fcfcoa.gov.au/fcfcoa-
annual-reports. The above link and information is provided administratively, and not under the FOI Act.
Yours sincerely
L. Hawksford
Freedom of Information Officer