High Court Amendment (Vexatious Proceedings and Other Matters) Rules 2013 (Cth)
High Court Amendment (Vexatious Proceedings and Other Matters) Rules 2013
Select Legislative Instrument No. 107, 2013
We, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903, the Commonwealth Electoral Act 1918, the Nauru (High Court Appeals) Act 1976 and the High Court of Australia Act 1979.
Dated 4 June 2013
R. S. French
K. M. Hayne
S. M. Crennan
S. M. Kiefel
V. M. Bell
S. J. Gageler
P. A. Keane
Justices of the High Court of Australia
A. M. Phelan
Chief Executive and
Principal Registrar
Contents
1............ Name of Rules.................................................................................... 1
2............ Commencement.................................................................................. 1
3............ Authority............................................................................................ 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 2
High Court Rules 2004 2
1Name of Rules
These Rules are the High Court Amendment (Vexatious Proceedings and Other Matters) Rules 2013.
2Commencement
These Rules commence on the commencement of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012.
3Authority
These Rules are made under the Judiciary Act 1903, the Commonwealth Electoral Act 1918, the Nauru (High Court Appeals) Act 1976 and the High Court of Australia Act 1979.
4Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
High Court Rules 2004
1 Rule 1.06
Insert:
vexatious proceeding: see subsection 77RL(1) of the Judiciary Act 1903.
vexatious proceedings order: see subsection 77RL(1) of the Judiciary Act 1903.
2 Rule 1.09
Omit “by these Rules”, substitute “in Schedule 1 to these Rules”.
3 Rules 6.06 and 6.07
Repeal the rules, substitute:
6.06 Vexatious proceedings
6.06.1 An application for a vexatious proceedings order must be in Form 21.
Note: For the persons who are eligible to apply for a vexatious proceedings order, see paragraphs 77RN(3)(a) to (d) of the Judiciary Act 1903.
6.06.2 The application must be:
(a) accompanied by an affidavit in support of the application; and
(b) served:
(i) at least 3 days before the day when the application is to be heard; or
(ii) within a shorter period ordered by the Court or a Justice.
6.06.3 An application under subsection 77RQ(2) of the Judiciary Act 1903 for leave to institute a proceeding that is subject to a vexatious proceedings order must be in Form 30.
Note: See subsection 77RQ(4) of the Judiciary Act 1903 in relation to service of the application.
6.07 Refusal to issue or file a document
6.07.1 If a writ, application, summons, affidavit or other document (the document) appears to a Registrar on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court, the Registrar may seek the direction of a Justice.
6.07.2 The Justice may direct the Registrar to issue or file the document, or to refuse to issue or file the document, without the leave of a Justice first had and obtained by the party seeking to issue or file the document.
6.07.3 An application for leave to issue a proceeding that is subject to the direction of a Justice under subrule 6.07.2:
(a) must be in Form 31; and
(b) must not be served on any person, unless the Court or a Justice otherwise orders.
4 Schedule 1 (table)
Repeal the table, substitute:
| Forms | ||||
| Title | Form | Rule | ||
| Notice of a constitutional matter | 1 | 5.01.3 | ||
| 45.01.3 | ||||
| Judgment | 2 | 8.01.1 | ||
| Order | 3 | 8.01.2 | ||
| Consent | 4 | 8.04.2 | ||
| Arrest warrant | 5 | 11.03.2 | ||
| Committal warrant | 6 | 11.03.3 | ||
| Notice of appearance | 7 | 23.01.3 | ||
| 31.01.1 | ||||
| 41.04.2 | ||||
| 42.06.2 | ||||
| Submitting appearance | 8 | 23.02 | ||
| 41.04.3 | ||||
| 42.06.3 | ||||
| Conditional appearance | 9 | 23.03.2 | ||
| Subpoena to give evidence | 10 | 24.02.2 | ||
| Subpoena to give evidence and produce documents | 11 | 24.02.3 | ||
| Application for an order to show cause | 12 | 25.01 | ||
| Writ of certiorari | 13 | 25.06.3 | ||
| Writ of mandamus | 14 | 25.08.2 | ||
| Writ of habeas corpus | 15 | 25.09.3 | ||
| Writ of prohibition | 16 | 25.20 | ||
| Application for removal | 17 | 26.01 | ||
| Applicant’s summary of argument | 18 | 26.03.2 | ||
| 41.05.2 | ||||
| 41.10.3 | ||||
| Respondent’s summary of argument | 19 | 26.04.2 | ||
| 41.06.2 | ||||
| Writ of summons | 20 | 27.01 | ||
| Summons | 21 | 57.05.2 | ||
| Election petition | 22 | 30.01 | ||
| Application for leave or special leave to appeal | 23 | 41.01.1 | ||
| Notice of appeal | 24 | 41.05.3 | ||
| 41.10.2 | ||||
| 42.02.1 | ||||
| Notice of discontinuance | 25 | 41.12.1 | ||
| 42.14.1 | ||||
| Notice of cross‑appeal | 26 | 42.08.2 | ||
| Notice of contention | 27 | 42.08.5 | ||
| Appellant’s submissions | 27A | 44.02.2 | ||
| Appellant’s chronology | 27B | 44.02.3 | ||
| Intervener’s submissions | 27C | 44.04.4 | ||
| Respondent’s submissions | 27D | 44.03.3 | ||
| Appellant’s reply | 27E | 44.05.5 | ||
| Bill of costs | 28 | 54.02.01 | ||
| Certificate of taxation | 29 | 57.04.3 | ||
| Ex parte application for leave to issue a proceeding that is subject to a vexatious proceedings order | 30 | 6.06.3 | ||
| Ex parte application for leave to issue a proceeding that is subject to the direction of a Justice under subrule 6.07.2 | 31 | 6.07.3 | ||
5 Schedule 1 (after Form 29)
Insert:
Form 30 Ex parte application for leave to issue a proceeding
Note: See rule 6.06.3.
IN THE HIGH COURT OF AUSTRALIA No.
of 20—
[ ] REGISTRY
In the Matter of an Application by [full name of the Applicant] for leave to issue a proceeding
EX PARTE APPLICATION FOR LEAVE TO ISSUE A PROCEEDING
1. The Applicant applies for leave to issue the attached proceeding.
2. On [date] [the Court or name of Justice] made a vexatious proceedings order.
Grounds
The grounds of the application appear in the supporting affidavit of
[name of person] [sworn or affirmed] on [date].
Dated:
..................(signed)..................
(Applicant or Applicant’s solicitor)
THE APPLICANT’S SOLICITOR IS:
[name of firm and address for service, DX, telephone and facsimile numbers and name of solicitor].
OR
THE APPLICANT’S ADDRESS FOR SERVICE IS:
[if the applicant is unrepresented—address for service, telephone and facsimile numbers].
Form 31 Ex parte application for leave to issue a proceeding
Note: See rule 6.07.3.
IN THE HIGH COURT OF AUSTRALIA No.
of 20—
[ ] REGISTRY
In the Matter of an Application by [full name of the Applicant] for leave to issue a proceeding
EX PARTE APPLICATION FOR LEAVE TO ISSUE A PROCEEDING
1. The Applicant applies for leave to issue the attached proceeding.
2. On [date] [name of Justice] directed the Registrar to refuse to issue the proceeding without the leave of a Justice first had and obtained by the party seeking to issue it.
Grounds
The grounds of the application appear in the supporting affidavit of
[name of person] [sworn or affirmed] on [date].
Dated:
..................(signed)..................
(Applicant or Applicant’s solicitor)
THE APPLICANT’S SOLICITOR IS:
[name of firm and address for service, DX, telephone and facsimile numbers and name of solicitor].
OR
THE APPLICANT’S ADDRESS FOR SERVICE IS:
[if the applicant is unrepresented—address for service, telephone and facsimile numbers].
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