High Court of Australia Rules of Court (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1915. No. 18.

 

HIGH COURT OF AUSTRALIA.

 

WE certify that by reason of urgency the following Rules should come into immediate operation as Provisional Rules.

(l.s.) S. W. GRIFFITH, C.J. EDMUND BARTON, J. ISAAC A. ISAACS, J. FRANK GAVAN DUFFY, J. CHAS. POWERS, J.

 

HIGH COURT OF AUSTRALIA.

 

RULE OF COURT.

 

As of Monday the 22nd day of February A.D. 1915.

It is ordered as follows:—

The following Rules shall stand as Section IVa of the Appeal Rules:—

SECTION IVa.

Appeals from the Inter-State Commission.

Appeal by case stated.

Time for applying for leave.

1. Any party aggrieved by a decision of the Inter-State Commission who desires to appeal therefrom to the High Court on the ground that the decision is erroneous in point of law may, within twenty-one days after the pronouncing of the decision, apply in writing to the Commission to state and sign a case setting forth the facts and the questions of law arising thereon.

Notice to other parties.

2. Notice of such application shall be given within the same period to any other parties to the matter who may be affected by the proposed appeal.

Case to be filed in Principal Registry and notice given.

3. The case when stated and signed shall be sent to the Principal Registrar and filed by him in the Principal Registry.

Notice of such filing shall be given by the Principal Registrar to the proposed appellant and to the other parties to the appeal.

C.2390.

High Court to determine questions of law and make necessary Order.

4. The High Court shall hear and determine the question or questions of law arising upon the case, and may remit the matter to the Commission with the opinion of the High Court thereon, and may make such other order in relation to the matter as may seem just or expedient

Case may be sent back for amendment.

5. The High Court may order a case to be sent back to the Commission for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered by the High Court after it is amended.

(l.s.) S. W. GRIFFITH, C.J. EDMUND BARTON, J. ISAAC A. ISAACS, J. FRANK GAVAN DUFFY, J. CHAS. POWERS, J.

J.W. O’HALLORAN,

Principal Registrar.

 

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