High Court of Australia Rules of Court (Cth)

STATUTORY RULES.

1933. No. 23.

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HIGH COURT OF AUSTRALIA.

Rules of Court.

As of Wednesday the first day of March, 1933.

PURSUANT to the Judiciary Act 1903-1932, the High Court Procedure Act 1903-1925, and the Matrimonial Causes Ordinance 1932 of the Territory for the Seat of Government and to all other powers thereunto enabling IT IS ORDERED that the Rules of Court hereinafter set out shall apply to all proceedings in the High Court in the Matrimonial Causes jurisdiction in respect of such Territory.

(L.S.)	FRANK GAVAN DUFFY. C.J.
	G. E. RICH. J.
	H. E. STARKE, J.
	OWEN DIXON, J.
	H. V. EVATT, J.
	EDWARD, A. McTIERNAN, J.

Seaforth Mackenzie, Principal Registrar.

Interpretation.

1. In these Rules, unless the contrary intention appears—

the expression “Deputy Marshal” means the Deputy Marshal of the High Court in the Territory;

the expression “District Registrar” means District Registrar of the High Court in the Territory;

the expression “the Territory” means the Territory for the Seat of Government.

Application of Rules of Supreme Court of New South Wales.

2. So far as they are applicable the Rules and Regulations made and issued by the Supreme Court of New South Wales before the date of the making of these Rules and in force on that date concerning the practice and procedure of, and fixing and regulating the fees payable upon, all proceedings in the Matrimonial Causes Jurisdiction of that Court shall, subject to these Rules, govern all proceedings in the High Court in pursuance of the Matrimonial Causes Ordinance 1932.

Construction of Rules and Regulations.

3. In applying such Rules and Regulations in pursuance of the last preceding rule, except where otherwise expressly provided—

(a.) any reference to the Supreme Court to the Matrimonial Causes Court or to the Court shall be read as a reference to the High Court, and any reference to the Judge or the Judge of the Supreme Court as a reference to a Justice of the High Court;

610.—Price 3d.

 

(b) any reference to the Registrar shall be read as a reference to the District Registrar;

(c) any reference to the General Post Office or to the Post Office Sydney shall be read as a reference to the office of the District Registrar;

(d) any reference to the Master in Lunacy shall be read as a reference to the District Registrar or such other officer as the High Court may appoint in that behalf;

(e) any reference to trial on Circuit shall be deemed inapplicable;

(f) any reference to trial in a District Court shall be deemed in applicable;

(g) any reference to appeals, applications for new trials and for rehearings shall be deemed inapplicable and the practice and procedure of the High Court in its ordinary jurisdiction shall apply;

(h) any reference to the Crown Solicitor shall be read as a reference to the Commonwealth Crown Solicitor;

(i) any reference to the Sheriff shall be read as a reference to the Sheriff of the Territory; and

(j) any reference to Sydney shall be read as a reference to Canberra and any reference to New South Wales as a reference to the Territory.

Modification and adaptation of Rules and Regulations.

4. The Rules and Regulations applied in pursuance of rule 2 of these Rules shall be modified and adapted as follows:—

(a) In rule 11—

(i) the words “the Territory” shall be read for the words ‘‘New South Wales”; and

(ii) the word “other” shall be deemed to be omitted,

(b) In rule 13, the word “other” shall be deemed to be omitted;

(c) In rule 21, the words ‘law of the Territory” shall be read for the word “Act”;

(d) In rule 25, the words “if he does not appeal against the same” shall be deemed to be substituted for the words “he may appeal against the same, as provided by section 82 of the Act, or”;

(e) In rule 60, the words “or where any of such parties desires the issues to be tried on circuit” shall be deemed to be omitted;

(f) Rules 62, 66. and 67 shall be deemed to be omitted;

(g) In rule 68, the words “, and in Circuit cases tried by a Judge the findings of such Judge,” shall be deemed to be omitted;

(h) Rules 69, 69a, 69b and 69c shall be deemed to be omitted;

(i) In rule 73, the words “High Court” shall be read for the words “Supreme Court in proceedings at Common Law”;

(j)In rules 153, 158 and 159 the words “of the State of New South Wales” shall be read after the words “Supreme Court”;

(k) Rule 154 shall be deemed to be omitted and the following rule inserted in its stead:—

“154. If any party directed by an order or decree to pay money (whether money only, or costs only, or money with costs), shall after due service neglect to pay the same as thereby directed, the party who has obtained such order or decree shall, at the expiration of the time limited for the performance thereof, be entitled to have execution thereon as on a judgment of the High Court of Australia.

(l) In rule 170, the words “in the Supreme Court of New South Wales” shall be read before the words “at Common Law”;

(m) In rule 197, the words “in the Supreme Court of New South Wales” shall be read before the words “at Common Law”;

(n) In the Schedule of Fees—

(i) in item 7, the words “High Court” shall be deemed to be substituted for the words “Full Court”;

(ii) in item 15, the words “Chief Clerk or other” shall be deemed to be omitted; and

(iii) in item 34, the words “in the High Court in its exercise of the judicial power of the Commonwealth” shall be deemed to be substituted for the words “at Common Law”; and

(o) In the Schedule of Costs—

(i) the words “other than the Sydney Agent” shall be deemed to be omitted;

(ii) the words “in Sydney or” shall be deemed to be omitted; and

(iii) the words “in Sydney nor” shall be deemed to be omitted.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra