The Federal Court Fast Track List

29 May 2009

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The Federal Court has issued a new practice note for the Fast Track List, which became effective nationally on 24 April 2009 (the Fast Track List has operated in the Federal Court’s Victorian registry for some time already). The aim of the Fast Track List is to provide a framework in which cases may be heard and finalised within five to eight months from the date of filing (depending on their complexity).

Key features

According to Chief Justice Michael Black, the key features of the Fast Track List include:

(a) substituting Fast Track statements, responses and cross-claims for pleadings;

(b) introducing scheduled conferences and pre-trial conferences to ensure proceedings are actively case managed;

(c) an express statement from the court that it expects parties and their representatives to cooperate with, and assist it, in ensuring proceedings are conducted in accordance with the new practice note;

(d) limiting the scope of discovery obligations;

(e) requiring parties to meet, confer and attempt to resolve any interlocutory dispute before applying to the court for a determination of the dispute; and

(f) resolving most interlocutory disputes on the papers, rather than at a hearing.

What types of proceedings may be commenced in the Fast Track List?

The Fast Track List is limited in use to certain types of proceedings. Those are proceedings which involve:

(a) commercial transactions;

(b) an issue that has importance in trade or commerce;

(c) the construction of commercial documents;

(d) an issue that has importance in personal insolvency; or

(e) intellectual property rights apart from patents

However, the following types of proceedings do not qualify for entry into the Fast Track List:

(f) proceedings where the trial is likely to exceed 5 days;

(g) proceedings where the court’s Corporations Panel is the appropriate list;

(h) admiralty and maritime proceedings;

(i) Tax List proceedings;

(j) proceedings under the Patents Act 1990 (Cth).

How does a proceeding get into the Fast Track List?

A decision to enter the Fast Track List should be made by the applicant before proceedings are started, as entry is gained by filing a “Fast Track Statement” and an accompanying application instead of a statement of claim.

A respondent may however object to the proceeding being conducted in the Fast Track List in writing within 14 days of being served with the application, together with a brief statement of reasons.

It is also possible for a judge, either on his or her own motion or at the request of one of the parties, to make and order that a proceeding no longer be conducted in the Fast Track List.

What does the Fast Track List mean for you?

The Fast Track List aims to reduce the costs and time of commercial litigation conducted in that list. By limiting discovery, introducing scheduled pre-trial conferences and resolving most interlocutory disputes on the papers, the Federal Court is is attempting to respond to commercial disputes in a more timely and cost effective manner.

The timetables of the Fast Track List can be rigid and are backed up by adverse-costs orders and, in exceptional cases, dismissal of the claim. However, of the 84 matters to go in the Fast Track List so far in the court’s Victorian registry, 64 have been finalised within five to eight months of filing with an average resolution time of 118 days. These results seem to illustrate the effectiveness of the Fast Track List in responding to commerical disputes.

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Information contained in this article is intended as an introduction only and should not be relied on in place of legal advice.