A highly regarded NSW District Court judge will become the ACT's fifth resident Supreme Court justice, a move expected to further capitalise on the significant reductions already made to notoriously delayed and backlogged lists.
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Attorney-General Simon Corbell will on Monday make an announcement hotly anticipated in the ACT's legal circles – that Michael Elkaim, SC, will join the ACT Supreme Court as an additional full-time judge.
Judge Elkaim beat a competitive field for the position, bringing with him a broad range of experience in criminal, appellate and civil matters.
He has served on the NSW District Court bench since 2008, and has 30-years' experience as a barrister, practising in common, family, criminal and commercial law.
Judge Elkaim was appointed senior counsel in 2002 and has worked as a deputy chairman of the NSW Medical Tribunal.
The appointment will provide much relief to the ACT Supreme Court, helping to ease pressures on the existing four judges and associate justice.
Pressure has been applied on the government to appoint a fifth permanent judge for more than seven years, including by former ACT Supreme Court Chief Justice Terence Higgins, who was warning as early as 2009 that four judges were not enough to meet the court's rising caseload.
It was argued a fifth judge was desperately needed to ensure cases were dealt with quickly, without compromising the quality of decision-making.
A backlog of cases was creating significant delays, frustrating nearly all parties involved in the court process, including victims, offenders, witnesses, lawyers and judges.
The government resisted, arguing delays could be solved through the more efficient operation of the court.
A new chief justice was brought in from the NSW District Court, Chief Justice Helen Murrell, who implemented changes including a new system of intensively listing criminal trials.
Since then, there have been considerable reductions in the backlog. By May last year just 45 cases, or 15 per cent, had stretched out beyond 12 months.
That is a significant reduction on 2011 levels of 169 cases, or 28 per cent, which were outstanding for more than a year.
Mr Corbell said Judge Elkaim's experience in the NSW District Court, which deals with a huge volume of matters as the state's intermediary court, would help him dispatch matters in a timely fashion.
"Clearly, he comes highly recommended from the NSW profession as a whole, he's widely respected for his temperament and manner in court, and for the strength of his judicial reasoning," he said.
"I'm sure his experience in the NSW District Court will stand him in good stead in terms of efficient process and procedure to ensure the timely dispatch of matters."
The fifth judge was recommended by a selection panel of the current chief justice, the Justice and Community Safety director-general, and a retired ACT Supreme Court justice.
The government flagged its intention to fund a fifth judge in the 2015-16 budget, when it set aside $3.1 million over three years.
Judge Elkaim is expected to join the bench on July 4.
"He brings the temperament, the skills, the intellectual capacity that's needed for the important role of the Supreme Court judge," Mr Corbell said.
"I'm confident he will discharge his duties very effectively."
