His Honour was appointed as a Justice of the Supreme Court of Victoria in 2008.
Technology, Engineering & Construction List
RedCrest Case Management System
Intellectical Property List
Published over 400 judgments
Creation of the Technology Engineering and Construction List (TEC List), Supreme Court of Victoria
In mid-2008 Justice Vickery conceived of a project called the “TEC Project” to draw together under one management regime the three strands of related disputes in the areas of technology, engineering and construction. The focus of the TEC Project was to produce a state-of-the-art approach to Technical, Engineering and Construction dispute resolution and case management which will achieve both practical and efficient working outcomes within a tolerable budget.
The Project drew upon and adapted some of the most successful and innovative practices applied in other jurisdictions, such as the Technology and Construction Court (TCC) of the High Court of the United Kingdom, where Mr Vickery was fortunate to receive expert guidance from Sir Vivien Ramsay, who was then the Judge-in-Charge of the TCC. Other elements were the product of the Project’s own work in developing procedures which are uniquely suitable to local conditions and available resources.
The TEC List became a reality when, on 26 March 2009, the Council of Judges of the Supreme Court of Victoria approved the new rules. The new List commenced operation on 19 June 2009, with Justice Vickery becoming the first Judge-in-Charge, Technology, Engineering and Construction List, or the TEC List as it has come to be known.
Development of the RedCrest Electronic Case Management System, Supreme Court of Victoria
In December 2010, in recognition of the urgent needs of the Court and the legal profession to manage the ever increasing pressures caused by large volumes of documents in commercial civil litigation, his Honour set about drawing up the specifications for what has now become known as the “RedCrest” electronic case management system.
Under the Judge’s direction, a working prototype was completed by April 2011 and in September 2011 an online pilot was launched for use in the TEC List. The project was expanded for use in the Commercial Court which commenced operation in 2014.
Procedural Reforms, Supreme Court of Victoria
During 2013 Justice Vickery participated in the Attorney-General’s review of discovery in litigation in Victoria, in the course of which his Honour presented a paper on the subject. This resulted in amendments to the Civil Procedure Act 2010 (Vic.) to include new sections ss 55A – 55C dealing with discovery.
During 2016 his Honour introduced procedures for the use of predictive Technology Aided Review (TAR) in large document cases. This is now included in Practice Note SC GEN 5 Guidelines for the Use of Technology; and in the same year his Honour introduced procedures for the use of de-duplication technology which is also now included in Practice Note SC GEN 5 Guidelines for the Use of Technology.
The Supreme Court of Victoria through the work of Justice Vickery became the first court in Australia to order the use of technology-assisted review (TAR) techniques, or predictive coding, to reduce the potentially huge task of discovering documents in civil litigation. The decision in McConnell Dowell v Santam by Justice Vickery reflects an increasing trend by jurisdictions overseas to embrace TAR, as a highly efficient and practical means of simplifying the discovery process, particularly in large document cases.
Intellectual Property List
In 2014 his Honour was appointed Judge-in–Charge of the Intellectual Property List of the Supreme Court of Victoria.
Career in the Court - publishing 400+ judgments
During the time of his career as a Judge, his Honour has published over 400 judgments following trials he has heard in the TEC List and in commercial cases in the Supreme Court of Victoria.