1300 039 390December 17, 2012
Steven Wharton Appointed Judicial Registrar (Funds in Court)
Steven J Wharton, Judicial Registrar and the Hon. Marilyn L Warren AC, Chief Justice
at the swearing in of Mr Wharton as Judicial Registrar (FIC).
On Tuesday, 11 December 2012, the Governor in Council, under section 113F of the Supreme Court Act 1986, appointed Steven John Wharton as a Judicial Registrar of the Supreme Court. Steven in the third Judicial Registrar appointed to the Supreme Court.
Steven was formerly the Office Manager and Special Counsel of Funds in Court and, prior to that, the Solicitor to the Senior Master.
Steven first commenced working with former Senior Master Mahony in December 1986. As such, Steven brings an enormous wealth of knowledge and experience about the Funds in Court to his new role as Judicial Registar. With the retirement of Associate Justice Mahony, Steven’s appointment provides continuity and certainty for beneficiaries regarding applications for use of their funds held in Court.
What is the Role of the Judicial Registrar (Funds in Court)?
Rule 79.12 of the Rules of the Supreme Court provides that the judicial registrar may:
make any order under Rule 79.02(2) other than an order involving a determination that an applicant for payment out of money in court is not a handicapped person
It is envisaged that the Judicial Registrar will:
- Review orders and memoranda prepared by FIC staff and make judicial decisions relating to the administration of funds in Court.
- Where appropriate and as required, act as a mediator in disputed matters.
- In special circumstances, meet with parties making applications for the release of funds in court.
- Undertake other duties and functions as referred by the Senior Master.
The advantages of the appointment of a Judicial Registrar for FIC and beneficiaries are that it:
- Releases the Senior Master from the need to consider day-to-day applications for use of the funds in Court, thus allowing him to devote more attention to his other responsibilities as an Associate Justice.
- Creates an appeal mechanism, pursuant to rule 79.16 of the Supreme Court Rules. As the Senior Master will not be involved in decisions concerning day to day applications for the use of funds, a final decision to reject an application by the Registrar can be referred to the Senior Master as he will not have been involved in the initial decision. This provides an additional level of appeal at no cost to the beneficiaries.
- Maintains one of the strongest protections for the prevention of risk to the beneficiaries’ funds and the Court’s reputation as the Registrar will be a judicial officer of the Court.
General Manager (Funds in Court) Appointed
Following the appointment of Steven Wharton as Judicial Registrar (Funds in Court) the Senior Master, Associate Justice Efthim, announced that Steven’s former position of Office Manager and Special Counsel has been abolished and the new position of General Manager (Funds in Court) has been created.
Michael Karabogias has been appointed as FIC’s first General Manager. Michael was formerly the FIC Corporate Services Manager and, prior to that, the Senior Legal Officer. For much of his time at FIC, Michael has acted as Steven’s deputy, first as Solicitor to the Senior Master and, since 2006, as Office Manager. Michael first commenced working with FIC as a Legal Officer in 1995.
The Hon. Marilyn L Warren AC, Chief Justice, welcoming guests to the swearing in of Steven J Wharton, Judicial Registrar.
Steven Wharton, Judicial Registrar, swearing the oath. Associate Justice Efthim,
former Associate Justice Mahony and His Honour Justice Habersberger attended the ceremony.
Former Senior Master, Kevin J Mahony and Steven Wharton, Judicial Registrar (FIC).