High Court Rules 2004 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Rules may be referred to as the
High Court Rules 2004 .
These Rules prescribe the rules of procedure in proceedings in the High Court of Australia.
1.03.3 These Rules govern all proceedings commenced in the Court on or after the effective date.
1.03.4 In any proceeding that was commenced before the effective date these Rules govern all steps taken on or after that date unless the Court or a Justice orders that the former Rules shall apply, with or without modification, to that step.
If a cause, or part of a cause, is removed into the Court, these Rules govern all steps taken in the Court in that cause after the order for removal is made.
If a proceeding, or part of a proceeding, is remitted by the Court to another court, the Rules of that other court govern all steps taken in that other court after the order for remitter is made.
In these Rules, unless the contrary intention appears:
approved form means a form approved under rule 1.09.2 for the purposes of these Rules.
Fees Regulations means theHigh Court of Australia (Fees) Regulation 2012 .
month means calendar month.
non‑publication order : see section 77RA of theJudiciary Act 1903 .
Practice Direction means a Practice Direction made by the Justices of the Court or a majority of the Justices of the Court.
proceeding includes an application to commence a proceeding.
Registrar means the Chief Executive and Principal Registrar, the Senior Registrar or a Deputy Registrar appointed under theHigh Court of Australia Act 1979 .
suppression order : see section 77RA of theJudiciary Act 1903 .
the Court means the High Court of Australia.
vexatious proceeding : see subsection 77RL(1) of theJudiciary Act 1903 .
vexatious proceedings order : see subsection 77RL(1) of theJudiciary Act 1903 .
1.07.1 Unless the Registrar otherwise directs, a document to be filed in the Court must be lodged with the Court by being sent electronically using the Court’s Digital Lodgment System Portal.
Note: For when a document is filed, see rule 1.10.
1.07.2 The following information must also be provided with the document using the Court’s Digital Lodgment System Portal:
(a) if a solicitor prepares the document—the name, postal address, telephone number and email address of the firm, and the name of an individual in the firm who can be contacted in respect of the matter;
(b) if the party or person on whose behalf the document is to be filed is not represented by a solicitor—the name, postal address, telephone number and email address of the party or person;
(c) in any case—the capital city of the State or Territory in which the proceedings are to be, or were, commenced.
1.07.3 The person who sends the document must:
(a) keep a paper or electronic copy of the document; and
(b) if directed to do so by the Court, a Justice or the Registrar, produce a hard copy of the document.
1.08.1 Unless these Rules provide otherwise, a document to be filed in the Court must:
(a) be in clear, sharp, legible and permanent type of at least 12 point size; and
(b) be in A4 size; and
(c) have margins of at least 2.5 cm at the top, bottom, left and right sides; and
(d) have each page numbered and every tenth line on each page numbered in the left margin; and
(e) be without erasure or alteration that causes material disfigurement; and
(f) comply with any other requirements relating to formatting specified in a Practice Direction.
1.08.2 Unless these Rules provide otherwise, the first page of a document to be filed in the Court must be indorsed:
(a) first, with the title of the proceeding or proposed proceeding in which it is filed;
(b) next, with a short description of the document including, in the case of an affidavit, the name of the deponent;
(c) at the foot of the page with:
(i) the date of the document;
(ii) the party or other persons on whose behalf it is filed.
1.08.6 If:
(a) a document is to be filed in the Court; and
(b) the document contains information to which a suppression order, a non‑publication order, or any other confidentiality order, made by a court applies;
the document must be accompanied by a copy of the relevant order.
1.09.1 In these Rules, a reference to a form by number is a reference to the form so numbered approved under rule 1.09.2.
1.09.2 The Justices of the Court, or a majority of them, may approve a form for the purposes of these Rules.
Note: Approved forms are published on the Court’s website ( The approved forms may be set out in a Practice Direction.
1.09.3 An approved form may be used with any variations that are necessary or as the Registrar directs.
1.10.1 A document is filed in the Court if:
(a) it has been lodged with the Court in accordance with rule 1.07; and
(b) it is accepted in the Registry.
1.10.2 A Registrar must not accept a document lodged for filing unless any fee payable under the Fees Regulations for filing the document has been paid.
1.10.3 A Registrar must not accept a document lodged for filing if the document is subject to the direction of a Justice under rule 6.07 and the leave referred to in that rule has not been obtained.
1.10.4 A Registrar may refuse to accept a document lodged for filing if it appears to the Registrar that the document:
(a) is not substantially complete; or
(b) does not substantially comply with these Rules; or
(c) is not properly signed or executed.
1.10.5 A document that is accepted in the Registry is taken to have been filed:
(a) if a fee is payable under the Fees Regulations for filing the document:
(i) on the day the fee is received; or
(ii) if the fee is not received during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c)—on the next day the office is open; or
(b) if no fee is payable under the Fees Regulations for filing the document:
(i) on the day the document is received; or
(ii) if the document is not received during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c)—on the next day the office is open.
1.10.6 If a document is filed in the Court, a Registrar must insert as the first page of the document a page that records the date of filing.
1.10.7 If a page has been inserted as the first page of a document in accordance with rule 1.10.6, the page is taken to be part of the document for the purposes of these Rules.
2.01.1 Chapters 1 and 5 of these Rules apply to all proceedings in the Court.
2.01.2 Other Chapters of these Rules apply to the proceedings with which they deal.
The Court or a Justice may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
2.03.1 A failure to comply with these Rules or a direction of the Registrar is an irregularity and does not render a proceeding, or any step taken in a proceeding, or any document, judgment or order in a proceeding a nullity.
2.03.2 Subject to rule 2.03.3, where there has been a failure to comply with these Rules or a direction of the Registrar the Court or a Justice may:
(a) set aside the proceeding or any step taken in the proceeding;
(b) make such other order whether allowing amendment or otherwise as is appropriate.
2.03.3 A proceeding or a step taken in any proceeding shall not be set aside on the application of a party to the proceeding made on the ground of a failure to comply with these Rules or a direction of the Registrar unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.
2.03.4 The Registrar may refer to the Court or a Justice a failure to comply with a direction of the Registrar.
3.01.1 The Court or a Justice may, at any stage of a proceeding, allow a party to amend any document in the proceeding.
3.01.2 The Court or a Justice may, at any time, correct a clerical mistake in a judgment or order, or an error arising in a judgment or order from any accidental slip or omission.
3.01.3 An amendment in a document may be made by filing and serving an amended document.
3.01.4 An amendment shall be made in such a way as distinguishes the amendment from the original matter.
3.01.5 Where a document is amended it shall be marked with the date of the order under which it is amended and the day on which the amendment is made by indorsing it as follows ‘Amended on [date] pursuant to order of ___ made on [date]’.
4.01.1 Any period of time fixed by or under these Rules shall be calculated in accordance with this Part.
4.01.2 Where a time of 1 day or longer is to begin on or to be calculated from a day or event, the day or the day of the event shall be excluded.
4.01.3 Where a time of 1 day or longer is to end on or to be calculated to a day or event the day or the day of the event shall be included.
4.01.4 Where a period of 5 days or less would include a day on which the office of the Registry is not open in the State or Territory where the act is to be done or may be done that day shall be excluded.
4.01.5 Where the last day for doing any act is a day on which the office of the Registry is not open in the State or Territory where the act is to be done or may be done the act may be done on the next day the Registry is open.
4.01.6 In calculating any period of time fixed by or under these Rules an act done after 4.00 pm on a day shall be taken to have been done on the next day on which the Registry in the State or Territory where that act was done is open.
Any period of time fixed by or under these Rules may be enlarged or abridged by order of the Court or a Justice whether made before or after the expiration of the time fixed.
4.03.1 Where a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue shall give every other party not less than 1 month’s notice in writing of the party’s intention to proceed.
4.03.2 Where 3 years or more has elapsed since any party has taken any step in a proceeding, no step shall be taken in the proceeding without the leave of the Court or a Justice.
4.04.1 There shall be a Summer Recess in each year beginning on a day appointed annually by the Justices or a majority of them.
4.04.2 There shall be a Winter Recess in each year beginning on a day appointed annually by the Justices or a majority of them.
4.05.1 The office hours of the Registry are as provided in a Practice Direction.
4.05.2 A Registrar may, and if directed to do so by a Justice shall, open the Registry at any time for urgent business.
4.06.1 The Seal of the Court shall be in the form:
4.06.2 The Seal of the Court shall be affixed to:
(a) Rules of Court made by the Justices;
(b) writs of certiorari, mandamus, prohibition and habeas corpus;
(c) writs of summons and any other writs, and commissions and process;
(d) any document which is not to be served on a party to a proceeding but is for use outside Australia;
(e) any other document to which the Court or a Justice directs it to be affixed.
4.07.1 The Registrar is to have the custody of:
(a) each document issued by or filed in the Court; and
(b) the records of the Court kept in the Registry.
4.07.2 The Registrar must keep proper indexes to the documents issued by or filed in the Court.
4.07.3 The Registrar must keep a record of:
(a) all documents issued by or filed in the Court showing the dates the documents were issued or filed; and
(b) all steps taken in each application and proceeding in the Court showing the dates the steps were taken.
4.07.4 The Registrar may give a person electronic access to a document issued by or filed in the Court except:
(a) affidavits and exhibits to affidavits that have not been received in evidence in Court; or
(b) documents containing information disclosing the identity of a person where disclosure of the identity of that person is prohibited, whether by Act, order of the Court or otherwise; or
(c) documents containing information to which a suppression order, a non‑publication order, or any other confidentiality order, made by a court applies; or
(d) documents containing information in relation to which an application for an order referred to in paragraph (c) has been made but has not yet been determined;
if any fee payable under the Fees Regulations in relation to searching or inspecting the document has been paid.
4.07.5 Records referred to in rules 4.07.1 and 4.07.3, and indexes referred to in rule 4.07.2, may be kept by electronic means.
4.07.6 A subpoena for production of a document in the custody of the Registrar must not be issued.
5.01.1 Where a proceeding pending in the Court involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the
Judiciary Act 1903 , the party, intervener, or applicant for leave to intervene or appear who raises the matter must file a notice of a constitutional matter.5.01.2 Notice of a constitutional matter shall state:
(a) specifically the nature of the matter;
(b) the facts showing that the matter is one to which rule 5.01.1 applies.
5.01.3 The notice of a constitutional matter shall be in Form 1.
5.02.1 If the proceeding is an appeal, or an application for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such other party as the Court or a Justice may direct, must:
(a) file notice of a constitutional matter; and
(b) serve a copy of the notice on every other party and on the Attorneys‑General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory:
(i) if the matter arises in the notice of appeal or in the argument to be advanced in support of the notice of appeal—within 14 days after the grant of leave or special leave to appeal; or
(ii) if the matter arises in the application for leave or special leave to appeal or in the argument to be advanced in support of the application—within 14 days after the application is referred to an enlarged Court; or
(iii) if the matter arises in a notice of cross‑appeal or a notice of contention or in the argument to be advanced in support of the notice—within 7 days after the notice is filed; or
(iv) otherwise—within the time that the Court or a Justice directs.
5.02.2 If rule 5.02.1 does not apply to the proceeding, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such other party as the Court or a Justice may direct, must:
(a) file notice of a constitutional matter; and
(b) serve a copy of the notice on every other party and on the Attorneys‑General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory:
(i) if the matter arises in a pleading or in the argument to be advanced in support of the pleading—within 7 days after the pleading is delivered; or
(ii) if the matter arises in an originating process or in the argument to be advanced in support of the originating process—within 7 days after the originating process is filed; or
(iii) if neither subparagraph (i) nor (ii) applies, and the matter arises before the day fixed for a hearing of a proceeding—not later than 14 days before that day; or
(iv) if neither subparagraph (i) nor (ii) applies, and the matter arises during the hearing of any proceeding before the Court or a Justice—within such time as the Court or a Justice directs.
5.03.1 The party, intervener, or applicant for leave to intervene or appear who serves the notice of a constitutional matter must file an affidavit of service of the notice, proving compliance with rule 5.02, within 2 days after service and no later than 2 days before the day fixed for the hearing of the proceeding.
5.03.2 Rule 5.03.1 has effect subject to rule 9.04A.3.
5.04.1 If the Attorney‑General of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory intends to intervene in a proceeding before the Court under section 78A of the
Judiciary Act 1903 , the Attorney‑General must, before taking any step in the proceeding:
(a) file a notice of intervention; and
(b) serve a copy of the notice on each party and any other intervener.
5.04.2 The notice of intervention must be in Form 1A.
6.01.1 Where the manner or form of procedure for commencing or taking any step in a proceeding or exercising the jurisdiction of the Court is not prescribed by these Rules or there is any doubt about the manner or form of that procedure the Court, a Justice or the Registrar shall determine what procedure is to be adopted and may give directions.
6.01.2 A step taken in accordance with directions given by the Court, a Justice or the Registrar is regular and sufficient.
6.02.1 Where these Rules permit or require an act to be done by or to a party, if the party sues or appears by a solicitor, the act shall be done by or to the solicitor unless it is expressly provided that it shall be done by or to the party personally.
6.02.2 A solicitor whose name is indorsed on originating process shall, on demand in writing by a defendant, forthwith file and serve on that defendant a statement in writing stating whether that process was issued or filed by or with the solicitor’s authority and on the instructions of the person named as plaintiff or applicant.
6.02.3 If, within 1 month of the making of a demand in writing under rule 6.02.2, the solicitor does not file and serve a statement in writing stating that the originating process was issued or filed by or with the solicitor’s authority and on the instructions of the person named as plaintiff or applicant further proceedings on the process shall not be taken without the leave of the Court or a Justice.
6.02.4 A party suing or defending by a solicitor may change solicitors without order.
6.02.5 A solicitor for a party may cease to be solicitor for that party only:
(a) if a new solicitor for the party files a notice of change of solicitor and serves on every other party a copy of that notice stating a new address for service of the party; or
(b) if the party files a notice that the solicitor has ceased to act for that party and serves on every other party a copy of that notice stating a new address for service; or
(c) if, the solicitor having first given notice in writing to the party of intention to apply for leave to withdraw as solicitor, the Court or a Justice grants the solicitor leave to withdraw and the solicitor serves a copy of that order on every other party.
6.02.6 A party suing or defending in person may at any time appoint a solicitor to act on that party’s behalf.
6.02.7 A solicitor appointed to act for a person previously suing or defending in person shall file and serve on every other party notice of that appointment stating a new address for service of the party.
When a judgment is given in a proceeding, either by a Full Court or a single Justice, and the opinion of a Justice is reduced to writing, it is sufficient to state orally the opinion of the Justice without stating the reasons for the opinion, but, subject to rules 13.04, 25.09.2, 26.07.1A and 41.08.1A, the written opinion must be published by delivering it to the Registrar or associate in open Court.
6.04.1 Sittings of a Full Court shall be held at the places and on the days fixed by rule of Court.
6.04.2 Sittings of a Full Court may also be held at a place and on days appointed by the Chief Justice.
6.04.4 A Justice may sit to hear and determine applications to a single Justice at the places and on the days that the Justice thinks fit.
The Court or a Justice of its own motion or on application may order that an affidavit or other document which is filed and contains scandalous matter is to be removed from the file.
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.
6.07.1 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 for the Registrar to issue, or for leave to file, a document 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.
7.01.1 Where the Marshal is required to serve or execute any document or process issued from the Court the Marshal personally or by a deputy shall serve it and shall make any return of the service or execution that is required by the instrument.
7.01.2 A return of service or execution of a document or process must be made by filing the document or process with a certificate, signed by the Marshal or deputy, stating what was done.
The Principal Registrar shall:
(a) countersign all Rules of Court made by the Justices;
(b) cause copies of Rules of Court certified by the Principal Registrar to be sent to the Attorney‑General’s Department; and
(c) keep the originals of all Rules of Court whether made before or after these Rules in safe custody.
8.01.1 A judgment shall be in Form 2.
8.01.2 An order shall be in Form 3.
Subject to any contrary order of the Court or a Justice a judgment or order, whether of the Full Court or a Justice, shall take effect from and be dated on the day on which it is given or made.
8.03.1 A judgment or order, whether of the Full Court or of a Justice, shall be prepared by or under the direction of a Registrar.
8.03.2 A Registrar may require any party to prepare one or more drafts of any judgment or order and to prepare a final copy of the order for filing and sealing.
8.04.1 The parties to a proceeding, or their solicitors, may file a written consent to the making of an order in a proceeding.
8.04.2 A written consent to the making of an order shall be in Form 4.
8.04.3 Where a written consent under rule 8.04.1 is filed the Registrar shall refer the matter to a Justice who may, without any other application, direct the Registrar to draw up, sign and seal an order in accordance with the terms of the consent.
8.04.4 An order made under rule 8.04.3 shall state that it is made by consent and it shall have the same effect as if made after a hearing by a Justice.
8.04.5 For rule 8.04.1, the written consent need not be signed by:
(a) a party who has not filed an appearance; or
(b) a party who has filed a submitting appearance if the order consented to does not require the party to pay costs.
Where any judgment or order, whether of the Full Court or a Justice, requires a person to do an act:
(a) it shall state the time within which it is to be done; and
(b) the copy served upon the person required to obey it shall be indorsed with the memorandum:
‘If you do not obey this judgment or order by the time limited in it, you may be punished for not obeying it.’.
8.06.1 Every judgment debt under a judgment of the Court shall carry interest from the date the judgment takes effect at the rate of interest applicable to judgments of the Supreme Court of the State or Territory where the office of the Registry in which the judgment is entered is located.
8.06.2 Every award of costs under a judgment or order of the Court shall carry interest from the date of the order or certificate of taxation quantifying those costs at the rate of interest applicable to judgments of the Supreme Court of the State or Territory where the office of the Registry in which the proceeding is pending is located.
8.07.1 The Court or a Justice of its own motion or on application may at any time make such order as is necessary to effectuate the grant of original or appellate jurisdiction in the Court.
8.07.2 Without limiting the generality of rule 8.07.1, where any proceeding is pending in the Court, whether in its original or its appellate jurisdiction, the Court or a Justice on the application of a party may make such orders as are appropriate:
(a) staying proceedings, whether in the Court or elsewhere, in whole or in part;
(b) staying proceedings under any judgment or order, whether of the Court or otherwise;
(c) admitting a person in custody to bail;
(d) for the preservation of the subject matter of the proceeding.
8.07.3 Unless the Court or a Justice otherwise orders, an order admitting a person in custody to bail:
(a) shall state the conditions on which that person is admitted to bail;
(b) may be conditioned upon that person giving security by recognisance, one or more sureties or both by recognisance and one or more sureties; and
(c) shall specify the time and place at which, and the person or court to whom, the person admitted to bail shall surrender.
9.01.1 An application for a constitutional or other writ, or a writ of summons, must be served personally on each defendant unless:
(a) the solicitor for that defendant undertakes in writing to enter an appearance or a submitting appearance; or
(b) the Court or a Justice otherwise orders.
9.01.2 An application for an order of removal shall be served by ordinary service on each party to the cause sought to be removed as if the address for service given by that party in the cause were that party’s address for service in this Court.
9.01.3 An election petition shall be served in accordance with Chapter 3.
9.01.4 An application for special leave to appeal shall be served by ordinary service on each party to the proceeding in which the orders sought to be challenged were made as if the address for service given by that party in that proceeding were that party’s address for service in this Court.
9.01.5 Unless these Rules provide otherwise, any other document may be served by ordinary service.
9.02.1 Personal service of a document is effected by handing to the person a copy of the document to be served or, if the person does not accept the copy, by putting the copy down, in the presence of the person to be served and telling the person the nature of the document.
9.02.3 To effect personal service it is not necessary to show the original document.
9.03.1 Unless otherwise provided by or under an Act of the Parliament, personal service of a document may be effected on a body politic by serving the document on the Government Solicitor for that polity.
9.03.2 Personal service of a document may be effected on a body corporate by serving the document on the Secretary or other proper officer of the body corporate.
9.03.3 Personal service of a document may be effected on a person under disability:
(a) in the case of a minor, by serving the document on a parent or guardian of the minor or, if there is none, on the person with whom the minor resides or who has the care of the minor; or
(b) in the case of a person under some other disability, on the guardian or other person having responsibility for the conduct of the person’s affairs, or if there is none, on the person with whom the person with a disability resides or who has the care of the person with a disability.
When personal service of a document is not required, the document may be served by:
(a) leaving it at the person’s address for service; or
(b) posting it to the person’s address for service; or
(e) sending it by email to the person’s address for service.
9.04A.1 A requirement under these Rules for a document (other than an originating process) to be served on a party is taken to have been met if an email containing a statement to the effect that the document has been filed is sent by the Registry to:
(a) the email address for service of the party to be served; and
(b) the email address for service of the party who would, apart from this rule, be required to serve the document.
9.04A.2 If an email relating to a document is sent to a party in accordance with rule 9.04A.1, the document is taken to be served on the party:
(a) if the email was sent during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c) when the document was filed—on the day the email was sent; or
(b) if the email was sent outside those office hours—on the next business day after the email was sent.
9.04A.3 An affidavit of service is not required in relation to a document that is served on a party in accordance with rule 9.04A.1.
9.05.1 Subject to rule 9.05.3, each of the following is an address for service of a party commencing a proceeding in the Court:
(a) the postal address referred to in rule 1.07.2 provided with the originating process;
(b) the email address referred to in rule 1.07.2 provided with the originating process.
9.05.2 Subject to rule 9.05.3, each of the following is an address for service of a party against whom proceedings have been commenced in the Court:
(a) the postal address referred to in rule 1.07.2 provided with the party’s notice of appearance, submitting appearance or conditional appearance;
(b) the email address referred to in rule 1.07.2 provided with the party’s notice of appearance, submitting appearance or conditional appearance.
9.05.3 If an address for service of a party under rule 9.05.1 or 9.05.2 has been changed under rule 6.02.5, 6.02.7 or 9.06, the address for service of the party is that address as most recently changed.
A party may change an address for service of the party by filing and serving on each other party to the proceeding notice of the new address for service.
9.07.1 Originating process may be served out of Australia without order of the Court in any case where, under the Federal Court Rules, originating process in the Federal Court may be served out of Australia.
9.07.2 Originating process which is served out of Australia need not be served personally as long as it is served in accordance with the law of the place in the country in which service is effected.
9.07.3 If a party served with originating process out of Australia does not file an appearance, and if the Court or a Justice is satisfied:
(a) that the subject matter of the proceeding so far as it concerns that party is within rule 9.07.1; and
(b) that the originating process was duly served on that party;
the Court or a Justice may order that the plaintiff shall be at liberty to proceed.
10.01.1 As between the original parties to a judgment or order execution may issue at any time within 6 years from the date of the judgment or order.
10.01.2 Where rule 10.01.1 does not apply a person claiming to be entitled to issue execution may apply to the Court or a Justice for leave to issue execution.
10.01.3 The Court or a Justice may grant leave to issue execution on such terms as to costs or otherwise as appear just.
10.02.1 An order of the Court or a Justice in a proceeding may be enforced against all persons bound by it in the same way as a judgment to the same effect.
10.02.2 If a mandamus, mandatory order, injunction, or other judgment requiring a person to do an act is not obeyed, the Court or a Justice, whether or not proceedings for contempt have been taken against the disobedient party, may direct that the act be done, so far as practicable and at the expense of the disobedient party, by the party who obtained the order or by some other person.
10.02.3 Where a direction has been made under rule 10.02.2, upon the act being done, the expenses incurred may be ascertained in such manner as the Court or a Justice directs and the amount ascertained and the costs may be recovered from the disobedient party.
10.02.4 A judgment or order for the payment of money into Court or for the performance of any act other than payment of money to another may be enforced by attachment.
10.02.5 A judgment or order requiring a person to abstain from doing an act may be enforced by committal.
11.01.1 When it is alleged, or it appears to the Court, that a person (
the alleged contemnor ) has been guilty of contempt of Court, committed in the face of the Court or in the hearing of the Court, the presiding Justice may, by oral order, direct that the alleged contemnor be arrested and brought before the Court forthwith or may issue a warrant under the Justice’s hand for the arrest of the alleged contemnor.11.01.2 When the alleged contemnor is brought before the Court, the Court shall:
(a) orally inform the alleged contemnor of the contempt charged;
(b) require the alleged contemnor to make his or her defence to that charge;
(c) after hearing the alleged contemnor proceed then or after adjournment to determine the charge; and
(d) make whatever order for the punishment or discharge of the alleged contemnor as is just.
11.01.3 Unless the Court admits the alleged contemnor to bail he or she shall be detained in custody as directed by the Court or a Justice until the charge is heard and determined.
11.02.1 In a case where rule 11.01.1 does not apply application for punishment for contempt of Court shall be made by summons for an order that the alleged contemnor be committed to prison for contempt.
11.02.2 A summons under rule 11.02.1 shall:
(a) specify the contempt alleged against the alleged contemnor;
(b) be served personally on the alleged contemnor; and
(c) be served together with any affidavit upon which the party applying intends to rely.
11.02.3 Where a summons under rule 11.02.1 has been filed and it is made to appear to a Justice that the alleged contemnor is likely to abscond or otherwise withdraw from the jurisdiction of the Court the Justice may by warrant direct that the alleged contemnor be arrested and detained in custody until brought before the Court or a Justice to answer the charge unless, in the meantime, that alleged contemnor gives security in an amount and on terms determined by the Justice for the alleged contemnor’s appearance to answer the charge and to submit to the judgment of the Court.
11.03.1 A warrant for the arrest or the detention or imprisonment of a person under this Part shall be addressed to the Marshal and may be issued under the hand of the Justice or presiding Justice.
11.03.2 An arrest warrant shall be in Form 5.
11.03.3 A committal warrant shall be in Form 6.
11.04.1 Where an alleged contemnor is found guilty of contempt of Court the Court or Justice may order:
(a) where the contemnor is a natural person, that the contemnor pay a fine, be committed to prison, or both pay a fine and be committed to prison; or
(b) where the contemnor is a body corporate, that the contemnor pay a fine, that some or all of the property of the contemnor be sequestrated or that both the contemnor pay a fine and some or all of the property of the contemnor be sequestrated.
11.04.2 Where a contemnor is ordered to pay a fine the Court or Justice may order:
(a) where the contemnor is a natural person, that the contemnor be imprisoned or further imprisoned until the fine is paid; or
(b) where the contemnor is a body corporate, that if the fine is not paid in accordance with the order, some or all of the property of the contemnor be sequestrated.
11.04.3 An order committing a contemnor to prison shall specify the prison to which the contemnor is to be committed.
11.04.4 Where an order has been made that a contemnor be committed to prison, the Court or Justice may order that the contemnor be discharged notwithstanding that the term of imprisonment fixed by the order has not expired.
The costs of an application for committal shall be in the discretion of the Court whether an order for committal is made or not.
For the purposes of this Part, unless the contrary intention appears:
funds means any money, government stock, bonds or securities, or any other securities or investments standing or to be placed to the credit of an account in the books of the Court.
the Bank means the Commonwealth Bank of Australia.
Moneys paid into Court are subject to the order of the Court or a Justice and shall be dealt with pursuant to that order or these Rules and not otherwise, and, in the meantime, shall not be considered as held for, or on account of, or for the use or benefit of any person.
12.03.1 An order which directs funds to be paid into Court shall direct the credit to which the funds are to be placed.
12.03.2 An order which directs funds in Court to be paid, transferred, delivered or carried over to a credit other than that to which they are standing, or to be otherwise dealt with, shall state the particulars of the payment or other operation to be carried out.
12.03.3 Funds paid into Court under an order shall be paid into the Bank to the credit of an account entitled ‘High Court of Australia Suitors’ Fund’.
12.03.4 Funds paid into the Bank pursuant to rule 12.03.3 shall not be withdrawn or paid from the Bank otherwise than in accordance with these Rules or under the authority or order of the Court or a Justice, but the Bank may make a payment under an order signed by a Registrar, and countersigned by the Marshal, without enquiry whether an order has been made.
12.03.5 The Court or a Justice may direct that any funds paid or to be paid into Court under an order shall be deposited at interest in the Bank, or invested at interest in stock or securities of the Commonwealth, in the names of a Registrar and the Marshal.
12.03.6 The Court or a Justice may direct how, and in what manner, in what amounts and to what accounts interest shall be credited.
This Part applies to an interlocutory or other application in a proceeding.
13.02.1 The application must be in Form 21.
13.02.2 The application must:
(a) be accompanied by an affidavit in support of the application; and
(b) be served, together with the affidavit:
(i) within 3 days after the application is filed; or
(ii) within such other period ordered by the Court or a Justice.
13.03.1 The Court or a Justice may direct that the application is to be determined without listing it for hearing.
13.03.2 The Court or a Justice may direct a party to file written submissions before hearing or considering the application.
13.03.3 If:
(a) the application is listed for hearing; and
(b) a person to whom an application is addressed fails to attend; and
(c) the Court or a Justice is satisfied that the application was duly served;
the Court or Justice may hear the application in the absence of the person.
13.03.4 If the application is listed for hearing, and the applicant fails to attend the hearing, the Court or a Justice may dismiss the application or make any other appropriate order.
A Justice may make orders and may publish reasons for a decision other than in open court in relation to an application.
Note: For the power of a Justice sitting in Chambers to exercise the jurisdiction of the Court, see section 16 of the
Judiciary Act 1903. [
End of Chapter 1 .Chapter 2 commences with Part 20 ]
20.01.1 If the relief sought is or includes:
(a) a writ of mandamus or prohibition or certiorari, whether against an officer of the Commonwealth or some other person; or
(b) a writ of habeas corpus or quo warranto;
a proceeding must be commenced in the Court by filing an application for a constitutional or other writ in accordance with Part 25.
20.01.2 If the relief sought is an order removing a cause or part of a cause pursuant to section 40 of the
Judiciary Act 1903 , a proceeding shall be commenced in the Court by filing an application for removal in accordance with Part 26.20.01.3 If a person wishes to dispute the validity of an election or return pursuant to Part XXII of the
Commonwealth Electoral Act 1918 , a proceeding shall be commenced in the Court by filing a petition in accordance with Chapter 3.20.01.4 In any other case a proceeding shall be commenced in the Court by the issue of a Writ of Summons in accordance with Part 27.
Two or more persons may be joined as plaintiffs or as defendants in any proceeding:
(a) where the Court or a Justice, before or after the joinder, gives leave to do so; or
(b) where
(i) if separate proceedings were brought by or against each of them, some common question of law or fact would arise in all of the proceedings; or
(ii) all rights to relief in the proceeding (whether joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.
A plaintiff may join any number of claims against a defendant whether the plaintiff makes the claims in the same or different capacities and whether the claims are made against the defendant in the same or different capacities.
Where the joinder of claims or parties may embarrass or delay the trial of the proceeding or cause prejudice to any party or is otherwise inconvenient the Court or a Justice may at any time order that:
(a) there be separate trials;
(b) any claim be excluded; or
(c) any party cease to be a party, with or without a condition that the party be bound by the determination of the questions in the proceeding.
A proceeding shall not be defeated because of the misjoinder or non‑joinder of any party or person and the Court may determine all questions in the proceeding so far as they affect the rights and interests of the parties.
21.05.1 At any stage of a proceeding the Court or a Justice may order that:
(a) a person who is not then a proper or necessary party cease to be a party;
(b) any person who ought to have been joined as a party or whose presence in the proceedings is necessary to ensure that all questions in the matter are effectually and completely determined be joined as a party; or
(c) any person between whom and any party to the proceeding there may exist a question arising out of or relating to or connected with any claim in the proceeding which it is just and convenient to determine as between that person and the party as well as between the parties to the proceeding be joined as a party.
21.05.2 A person shall not be added as plaintiff without that person’s written consent.
21.06.1 Where the cause of action survives against the estate of a deceased person a proceeding may be commenced against the estate of the deceased.
21.06.2 Until a grant of representation of the estate of a deceased person is made:
(a) a proceeding may be commenced and continued against the estate of the deceased naming the estate as defendant; or
(b) the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding.
21.06.3 Where a grant of representation of the estate of a deceased person has been made, a proceeding may be commenced and continued naming the personal representative of the deceased as defendant.
21.07.1 Where, at any stage of a proceeding, the interest or liability of a party is assigned or transmitted to another person, whether on death, bankruptcy or for some other reason the Court or a Justice may order that the other person be added as a party or made a party in substitution for the original party and that the proceeding be carried on as so constituted.
21.07.2 The person on whose application an order is made under rule 21.07.1 shall serve the order on every party to the proceeding, and on any person who ceases to be a party or becomes a party under the order.
21.07.3 Where a person is added as a defendant by an order made under rule 21.07.1 the originating process shall be served on that person in accordance with Part 22 of these Rules.
21.08.1 A person under disability shall commence or defend a proceeding by litigation guardian.
21.08.2 Anything in a proceeding that is required or permitted by these Rules to be done by a party shall or may, if the party is a person under disability, be done by that person’s litigation guardian.
21.08.3 A litigation guardian of a person under disability shall act by a solicitor.
21.08.4 Where a person is authorised by or under any Act or any law of a State or Territory to act as litigation guardian for a person under disability that person shall be entitled, unless the Court or a Justice otherwise orders, to be litigation guardian for the person under disability.
21.08.5 Where, after a proceeding is commenced, a party becomes a person under a disability, the Court or a Justice may appoint a person to be litigation guardian for the person under a disability.
21.08.6 Where the interests of a person under a disability so require, the Court or a Justice may appoint or remove a litigation guardian or substitute another person as litigation guardian.
21.08.7 An order shall not be made appointing a person as litigation guardian, and the name of a person shall not be used in a proceeding as litigation guardian, of a person under disability unless the litigation guardian has consented in writing to act as litigation guardian and certifies in writing that he or she has no interest in the proceeding adverse to the person with a disability.
21.09.1 Where numerous persons have the same interest in any proceeding the proceeding may be commenced and, unless the Court or a Justice otherwise orders, may be continued by or against any one or more persons having the same interest as representing some or all of them.
21.09.2 A judgment given or order made in a proceeding to which rule 21.09.1 applies shall bind the parties and those whom the parties represent.
21.09.3 A judgment or order shall not be enforced against a person who is not a party except by leave of the Court or a Justice.
21.09.4 An application for leave under rule 21.09.3 must:
(a) be in Form 21; and
(b) be served personally on the person against whom enforcement of the judgment or order is sought.
22.01.1 An application for a constitutional or other writ, or a writ of summons, must be served personally in accordance with Part 9.
22.01.2 An application for an order for removal shall be served by ordinary service in accordance with Part 9.
22.01.3 An election petition shall be served in accordance with Chapter 3.
Within 7 days of the service of an originating document, the plaintiff or applicant must file an affidavit deposing to the time and manner of the service.
23.01.1 Except as provided by rule 23.03, or by leave of the Court or a Justice, a defendant shall not take any step in a proceeding unless that defendant has first filed an appearance.
23.01.2 A defendant may file an appearance by a solicitor or, if the defendant is a natural person, in person.
23.01.3 A notice of appearance must be in Form 7.
A defendant willing to submit to any order that the Court may make, save as to costs, may file a submitting appearance in Form 8.
23.03.1 Where a defendant wishes to object to the jurisdiction, to the originating process, or to the service of the originating process, the defendant may file a conditional appearance.
23.03.2 A notice of conditional appearance shall be in Form 9.
23.03.3 A conditional appearance shall have effect for all purposes as an unconditional appearance, unless on application by the defendant the Court or a Justice otherwise orders.
23.03.4 An application under rule 23.03.3 must:
(a) be in Form 21; and
(b) be filed within 14 days after the day the conditional appearance is filed.
On the day the defendant files a notice of appearance, a submitting appearance, or a conditional appearance, the defendant must serve a copy of the document on the plaintiff.
24.01.1 An affidavit shall be made in the first person.
24.01.2 Where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit shall state the deponent’s place of business, the position the deponent holds and the name of the deponent’s firm or employer, if any.
24.01.3 Where rule 24.01.2 does not apply the affidavit shall state the deponent’s place of residence, the deponent’s occupation or description, and if the deponent is a party to the proceeding or employed by a party the affidavit shall state that fact.
24.01.4 An affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject.
24.01.5 An affidavit shall, except as provided by rule 24.01.6, be confined to such facts as the witness is able to prove of the witness’s own knowledge.
24.01.6 On interlocutory proceedings an affidavit may contain statements of information and belief with the sources and grounds of that information and belief.
24.01.7 An affidavit may be sworn before a Justice, a Registrar, a person having authority to administer an oath and to take and receive affidavits for the purposes of the Federal Court of Australia, or the Supreme Court of a State or Territory, or a Justice of the Peace.
24.01.8 The name and title of the person before whom, and the date when and the place where, the affidavit was sworn shall be stated in the jurat.
24.01.9 Where the seal or signature, as the case may be, of a person authorised under rule 24.01.7 to take an affidavit appears on an affidavit, the Court, the Justices and Registrars and Marshal shall take judicial notice of that seal and signature.
24.01.10 An affidavit sworn before:
(a) a party;
(b) a partner in a firm which is a party; or
(c) an employee of a party other than a body politic;
shall not be used in evidence by or on behalf of the party.
24.01.11 Every affidavit shall be signed on each page by the person before whom the affidavit was sworn and, unless rule 24.01.12 applies, by the deponent.
24.01.12 The person before whom an affidavit is to be sworn may attest the affidavit only if:
(a) for a deponent who is blind or illiterate:
(i) the affidavit was first read to the deponent in the person’s presence and the deponent appeared perfectly to understand it; and
(ii) the deponent made his or her signature or mark in the person’s presence; and
(iii) the person certifies those facts in or below the jurat; or
(b) for a deponent who has had the assistance of an interpreter:
(i) the interpreter has sworn that he or she has interpreted accurately to the deponent the contents of the affidavit and the oath administered to the deponent, and that the deponent appeared to understand perfectly the affidavit and the oath; and
(ii) the person certifies those facts in or below the jurat.
24.01.13 A document referred to in an affidavit shall not be annexed to the affidavit but may be referred to as an exhibit and, if referred to as an exhibit, shall be filed with the affidavit.
24.01.14 An exhibit to an affidavit shall be identified by a separate certificate attached to it bearing the same heading as the affidavit and signed by the person before whom the affidavit is sworn.
24.01.15 The certificate attached to each exhibit to an affidavit shall bear a distinguishing mark for the exhibit and a brief and specific description of the exhibit.
24.02.1 No subpoena shall be issued except upon a note from a Justice.
24.02.2 A subpoena to give evidence shall be in Form 10.
24.02.3 A subpoena to give evidence and produce documents shall be in Form 11.
24.02.4 A subpoena shall be served personally.
24.02.5 A subpoena may not be served more than 12 weeks after its issue.
24.02.6 A person named in the subpoena shall be excused from complying with it unless a reasonable time before the date for compliance a sum sufficient to meet that person’s reasonable expenses of complying with the subpoena by attending on the day and at the place nominated together with any documents to be produced has been paid or tendered to that person.
25.01.1 An application for a constitutional or other writ must:
(a) be in Form 12; and
(b) be accompanied by one or more affidavits in support.
25.01.2 The application must be signed:
(a) by a legal practitioner on behalf of the plaintiff; or
(b) if the plaintiff is unrepresented—by the plaintiff.
25.01.3 The application:
(a) must not exceed 12 pages; and
(b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
25.02.1 An application for a writ of mandamus commanding a person to hear and determine a matter must be filed within 2 months after the day of the refusal to hear.
25.02.2 An application for a writ of certiorari must be filed:
(a) within 6 months after the day the decision sought to be quashed was made; or
(b) if any other law requires the application to be filed within a shorter period—within that shorter period.
An application, together with the affidavits in support, must be served within 7 days from the day the application is filed.
Note: For other rules relating to service, see Part 22.
25.04.1 A party who makes an application is a plaintiff, and each other party is a defendant.
25.04.2 A defendant must be referred to in the title of the proceeding:
(a) if the defendant is an officer of the Commonwealth, and a writ of mandamus or prohibition is sought against the officer—by the name of the office held; or
(b) in any other case—by name, or by the name of the office held by the defendant, or both.
25.05.1 An affidavit filed in support of an application must:
(a) state concisely:
(i) the factual background to the proceeding; and
(ii) the decision or conduct the subject of the application; and
(b) if the application is not filed within an applicable time limit, explain the failure to comply with that time limit.
25.05.2 The affidavit or affidavits in support of an application must exhibit such documents as are necessary for the proper determination of the application.
An appearance by a defendant must be filed within 14 days from service of the application.
Note: For the requirement to file and serve the appearance, see Part 23.
25.07.1 A defendant must file and serve a response within 28 days from service of the application.
25.07.2 The response must be in Form 12A.
25.07.3 The response must be signed:
(a) by a legal practitioner on behalf of the defendant; or
(b) if the defendant is unrepresented—by the defendant.
25.07.4 The response:
(a) must not exceed 10 pages; and
(b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
25.07.5 If the defendant disputes or seeks to supplement any facts set out in the application or any affidavit in support of the application, the defendant must, at the time of filing the response, file and serve an affidavit setting out those facts.
25.08.1 A plaintiff may, within 7 days from service of a response, file and serve a reply.
25.08.2 The reply must be signed:
(a) by a legal practitioner on behalf of the plaintiff; or
(b) if the plaintiff is unrepresented—by the plaintiff.
25.08.3 The reply:
(a) must not exceed 5 pages; and
(b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
25.09.1 The Court or a Justice may make an order determining an application without listing the application for hearing.
25.09.2 A Justice may make an order under rule 25.09.1, and may publish reasons for the decision, other than in open court.
Note: For the power of a Justice sitting in Chambers to exercise the jurisdiction of the Court, see section 16 of the
Judiciary Act 1903 .25.09.3 Without limiting rule 28.01, on hearing an application the Court or a Justice may:
(a) if the plaintiff fails to attend the hearing, dismiss the application on that ground or make any other appropriate order; or
(b) if the application does not disclose an arguable basis for the relief sought or is an abuse of the process of the Court, dismiss the application on that ground; or
(c) finally determine the whole or a part of the application; or
(d) refer the whole or a part of the application for further hearing by a Full Court.
25.10.1 A plaintiff may discontinue an application by filing a notice stating the extent of the discontinuance.
25.10.2 If the discontinuance is with the consent of the other parties, the notice must be indorsed with the consent of each other party.
25.10.3 On the day a notice of discontinuance is filed, the plaintiff must serve a copy of the notice on each other party.
25.10.4 Unless the Court or a Justice otherwise orders, a plaintiff discontinuing an application must pay the costs of each defendant to the time of the discontinuance, and such costs are to be taxed unless agreed.
Without limiting rule 8.07, the Court or a Justice may at any time grant, dissolve or vary a stay of the proceeding to which an application relates.
25.12.1 At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions.
25.12.2 The Registrar may:
(a) give directions under rule 25.12.1 without a hearing; or
(b) at the Registrar’s discretion and at any time, require the parties to an application to attend before the Registrar.
25.13.1 Unless otherwise ordered by the Court or a Justice, a writ of mandamus must command the person to whom it is addressed to do the act in question or show cause why it has not been done.
25.13.2 A writ of mandamus must be in Form 13.
25.13.3 A writ of mandamus must be served on the person to whom it is addressed.
25.13.4 Unless otherwise ordered by the Court or a Justice, a writ of mandamus must be returnable within 14 days from service of the writ.
25.13.5 The person to whom a writ of mandamus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit stating:
(a) that the act commanded by the writ has been done; or
(b) the reason why it has not been done.
25.13.6 If the act commanded by a writ of mandamus has not been done, the Court or a Justice may issue a writ of peremptory mandamus to enforce the command contained in the original writ, or may make any other orders necessary.
25.13.7 If the Court or a Justice directs that the command sought in an application for a writ of mandamus shall be peremptory in the first instance, the command may be expressed in an order of the Court without the issue of a writ and has the same effect as a peremptory writ of mandamus.
A writ of prohibition must be in Form 14.
A writ of certiorari must be in Form 15.
25.16.1 On application for a writ of habeas corpus, the Court or a Justice may order:
(a) the production of a detained person, for the purposes of that person’s examination as a witness; or
(b) the release or other disposition of a person;
without issuing a writ of habeas corpus.
25.16.2 A writ of habeas corpus must be in Form 16.
25.16.3 A writ of habeas corpus or an order made under rule 25.16.1 must be served:
(a) personally; or
(b) by leaving the original with an employee, agent or officer of the person to whom the writ or order is addressed at the place where the person is detained.
25.16.4 The person to whom a writ of habeas corpus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit deposing to the ground or grounds of detention of the person named in the writ.
If a person wrongfully claims to hold an office under the Commonwealth, the Court or a Justice may grant an injunction restraining the person from purporting to act in that office and may, if the case so requires, declare the office to be vacant.
26.01.1 An application for an order removing a cause or part of a cause under section 40 of the
Judiciary Act 1903 shall:
(a) be in Form 17; and
(b) be accompanied by one or more affidavits in support; and
(c) be served within 7 days after the date on which the application is filed or such further time as the Court or a Justice may, by order, allow.
26.01.2 An application shall be signed:
(a) by a legal practitioner on behalf of the applicant; or
(b) if the applicant is unrepresented—by the applicant.
26.01.3 An application:
(a) must not exceed 12 pages; and
(b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
26.02.1 The affidavit or affidavits filed in support of an application for an order for removal must state concisely:
(a) the court in which the cause is pending and the nature of the cause pending; and
(b) the factual background to the proceedings; and
(c) what findings of fact have been made.
26.02.2 The affidavit or affidavits in support of an application for an order for removal must exhibit such documents as are necessary for the proper determination of the application.
A respondent shall, within 14 days after service of the application, file and serve on the applicant:
(a) a notice of appearance in Form 7; or
(b) a submitting appearance in Form 8.
26.04.1 A respondent shall file and serve a response within 21 days after service of the application.
26.04.2 A response shall be in Form 18.
26.04.3 A response shall be signed:
(a) by a legal practitioner on behalf of the respondent; or
(b) if the respondent is unrepresented—by the respondent.
26.04.4 A response:
(a) must not exceed 10 pages; and
(b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
26.04.5 A respondent who disputes any facts set out in the application must, at the time of filing the response, file and serve an affidavit setting out the facts in dispute.
26.05.1 An applicant may, within 7 days after service of a response, file and serve a reply.
26.05.2 A reply shall be signed:
(a) by a legal practitioner on behalf of the applicant; or
(b) if the applicant is unrepresented—by the applicant.
26.05.3 A reply:
(a) must not exceed 5 pages; and
(b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
26.07.1 The Court or a Justice may make an order determining an application without listing the application for hearing.
26.07.1A The Court or a Justice may make an order under rule 26.07.1, and may publish reasons for the decision, other than in open court.
26.07.2 If an application is listed for hearing, a party who is present at the hearing, or a legal practitioner on behalf of a party, may appear and, subject to rule 26.07.3, may present oral argument.
26.07.3 The time allocated to the parties for oral argument on the hearing of an application shall be as the Court orders or, in default of any order, shall be:
(a) applicant—20 minutes; and
(b) respondent—20 minutes; and
(c) applicant in reply—5 minutes.
26.08.1 An applicant may discontinue an application by filing a notice of discontinuance in Form 25 and serving the notice on the respondent.
26.08.2 Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent’s costs in respect of the application, and such costs shall be taxed, unless agreed.
26.08.3 Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.
26.08.4 Rules 26.08.2 and 26.08.3 apply only to applications for removal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent.
26.09.1 Unless the Court or a Justice or the Registrar otherwise orders or directs, an application is deemed to have been abandoned if the applicant fails to comply with paragraph 26.01.1(c).
26.09.2 On a request by the respondent, the Registrar shall provide a certificate of deemed abandonment and rules 26.08.2, 26.08.3 and 26.08.4, with the necessary adaptations, shall apply.
26.10.1 At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions.
26.10.2 The Registrar may:
(a) give directions under rule 26.10.1 without a hearing; or
(b) at the Registrar’s discretion and at any time, require the parties to an application to attend before the Registrar.
A Writ of Summons shall:
(a) be in Form 20; and
(b) bear the date on which it is issued; and
(c) contain either an indorsement setting out the nature of the claim made and the relief which the plaintiff seeks or a Statement of Claim; and
(d) state that the time limited for the appearance of a defendant, where service is effected within Australia is 14 days from the date of service on the defendant, and in any other case is 42 days from the date of service on the defendant; and
(f) not be served more than 12 months after the date on which it is issued or such further time as the Court or a Justice may, by order, allow.
27.02.1 Every pleading shall be divided into paragraphs numbered consecutively.
27.02.2 So far as practicable every pleading shall set out each allegation in a separate paragraph.
27.02.3 A pleading settled by counsel shall be signed by counsel.
27.02.4 A pleading not settled by counsel shall be signed by the solicitor for the party, or if there is none, by the party.
27.03.1 In every proceeding commenced by Writ of Summons the plaintiff shall file and serve a Statement of Claim.
27.03.2 In any proceeding commenced by an application for a constitutional or other writ, the Court or a Justice may direct the plaintiff to file and serve a Statement of Claim.
27.03.3 In a proceeding commenced by Writ of Summons:
(a) the plaintiff’s Statement of Claim may be filed and served with the writ;
(b) if a Statement of Claim is not filed and served with the writ, the plaintiff shall file and serve its Statement of Claim within 21 days after the filing of a notice of appearance, a submitting appearance, or a conditional appearance.
A Statement of Claim:
(a) shall state the basis on which it is claimed that the matter is within the original jurisdiction of the Court;
(b) shall contain in a summary form a statement of all the material facts on which the plaintiff relies, but not the evidence by which those facts are to be proved;
(c) where any claim arises by or under any Act, shall identify the specific provisions relied on; and
(d) shall contain the necessary particulars of any fact or matter pleaded, including:
(i) all particulars necessary to enable the opposite party to plead or to define the questions for trial or to avoid surprise at trial; and
(ii) particulars of any misrepresentation, fraud, breach of trust, wilful default, or like matter; and
(e) shall state specifically the relief or remedy claimed.
In any pleading after a Statement of Claim a party shall plead specifically any fact or matter which:
(a) it is alleged makes a claim or defence of the opposite party not maintainable;
(b) if not pleaded specifically might take the opposite party by surprise; or
(c) raises matters of fact not arising out of the preceding pleading.
27.06.1 No later than 14 days after the time referred to in paragraph 27.01(d) for a defendant to file a notice of appearance, the plaintiff must file and serve on all other parties (whether or not those parties have appeared) an application for directions.
27.06.2 The application must be in Form 21.
27.06.3 The plaintiff must file and serve with the application an outline of the submissions that the plaintiff wishes to make on the hearing of the application. The outline must:
(a) state why the matter should not be remitted to another court or, if the plaintiff submits that it should be remitted, identify the Court to which it should be remitted; and
(b) state what further steps, if any, should be taken in the Court (whether by way of reference of a question of law to a Full Court or otherwise); and
(c) specify the times by which, and manner in which, further steps in the Court are to be taken; and
(d) set out the precise terms of the orders which the plaintiff submits should be made on the application.
27.06.4 On hearing the application, a Justice may give such directions for the further conduct of the proceeding as appear necessary or desirable for the just and efficient disposition of the matter.
27.07.1 A party may demur to a pleading of the opposite party or to so much of that pleading as sets up a distinct cause of action, a distinct and severable claim for damages, or a distinct ground of defence, set‑off, counterclaim or reply.
27.07.2 A demurrer shall state whether it is to the whole or part of the claim or pleading of the opposite party, and, if to part, it shall identify that part of the claim or pleading.
27.07.3 A demurrer shall state the ground or grounds in law for the demurrer.
27.07.4 A party may plead and demur to the same matter.
27.07.5 If the claim or defence of a party depends, or may depend, upon the construction of a written document referred to in the pleading, the party demurring may, in its demurrer, set out, or sufficiently identify, the part or parts of the document it alleges are material.
27.07.6 A party demurring to the pleading of the opposite party shall:
(a) file and serve its demurrer on all other parties to the proceeding, whether or not those parties have appeared; and
(b) no later than 14 days after the filing of its demurrer, file and serve an application in Form 21 returnable before a Justice seeking directions for the further conduct of the proceeding.
27.08.1 By leave of the Court or a Justice, the parties to a proceeding may agree in stating the questions of law arising in the proceeding in the form of a special case for the opinion of the Full Court.
27.08.2 The special case shall be divided into paragraphs numbered consecutively.
27.08.3 The special case shall state the facts and identify the documents necessary to enable the Court to decide the questions raised.
27.08.4 Upon the argument of the special case the Court and the parties may refer to the content of the documents identified in the special case.
27.08.5 The Court may draw from the facts stated and documents identified in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.
27.08.6 The special case must:
(a) be prepared by the plaintiff; and
(b) be signed by the parties or their counsel or their solicitors; and
(c) be filed and served on each party to the proceeding who has filed an appearance.
27.09.1 If, in a proceeding commenced by Writ of Summons, a defendant does not file an appearance within the time limited the plaintiff may apply to a Justice for judgment against that defendant in accordance with this order.
27.09.2 Upon proof of service of the Writ of Summons on the defendant and proof that the defendant has not filed any appearance the Court or a Justice may, without notice to the defendant, give judgment for the plaintiff against that defendant upon the Statement of Claim.
27.09.3 A plaintiff who obtains judgment against a defendant in accordance with this order may enforce the judgment and continue the proceeding against any other defendant.
27.09.5 Where a pleading:
(a) does not disclose a cause of action or defence;
(b) is scandalous, frivolous or vexatious;
(c) may prejudice, embarrass or delay the fair trial of the proceedings; or
(d) is otherwise an abuse of the process of the Court;
the Court or a Justice may order the whole or part of the pleading be struck out or amended.
27.09.6 On application by a defendant who has filed an appearance the Court or a Justice may at any time give judgment for that defendant against the plaintiff if the defendant has a good defence on the merits.
27.09.7 Where a plaintiff, being required to file a Statement of Claim, fails to do so the Court or a Justice may order that the proceeding is dismissed for want of prosecution.
27.10.1 A party who has filed an appearance in a proceeding may withdraw the appearance at any time with the leave of the Court or a Justice.
27.10.2 A plaintiff may discontinue a proceeding or withdraw any part of it:
(a) before the defendant against whom the proceeding or claim is to be discontinued has filed an appearance; or
(b) at any time by leave of the Court or a Justice or with the consent of all other parties.
27.10.3 A discontinuance or withdrawal shall be made by filing a notice stating the extent of the discontinuance or withdrawal.
27.10.4 When the discontinuance or withdrawal is with the consent of other parties the notice shall be indorsed with the consent of each party who consents.
27.10.5 The plaintiff must serve the notice of discontinuance on each other party on the day it is filed.
27.10.6 Subject to any contrary order of the Court or a Justice a plaintiff discontinuing a proceeding or withdrawing a claim shall pay the costs of each party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.
28.01.1 If a plaintiff or applicant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted a proceeding with due diligence, the Court or a Justice may:
(a) order that the proceeding be dismissed for want of prosecution; or
(b) fix a time for the doing of an act and, at the same time, order that upon non‑compliance the proceeding shall stand dismissed for want of prosecution or, subsequently and in the event of non‑compliance, order that it be so dismissed; or
(c) make any other order as may seem just, including as to the costs of the proceeding.
28.01.2 If a proceeding generally, or any claim in a proceeding:
(a) does not disclose a cause of action; or
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the Court; or
(d) has no reasonable prospect of success;
the Court or a Justice may stay the proceeding or a claim made in the proceeding or may give judgment in the proceeding or in relation to a claim made in the proceeding.
28.01.3 The Court or a Justice may make an order under rule 28.01.1 or 28.01.2:
(a) on application by a defendant or respondent on notice; or
(b) of the Court’s or the Justice’s own motion after notice has been given by the Registrar to each plaintiff or applicant.
[
End of Chapter 2 .Chapter 3 commences with Part 30 .]
A petition disputing the validity of an election or return shall be in Form 22.
30.02.1 Forthwith after filing a petition, the petitioner shall publish a copy of the petition in the Commonwealth Gazette and in the official Gazette of the State or Territory in which the election was held.
30.02.2 In addition to the publication required by rule 30.02.1 the petitioner, forthwith after filing a petition concerning the election of a member of the House of Representatives, shall publish in a newspaper circulating in the Electoral Division for which the election was held a notice stating:
$162.80 per quarter hour or part thereof | ||
(c) by a law clerk, if 5 minutes or less; or | $26.10 | |
(d) by a law clerk, if more than 5 minutes | $81.50 per quarter hour or part thereof | |
7 | Preparing court books, including application books, appeal books, case stated books, special case books and questions reserved books | $162.80 per quarter hour or part thereof |
8 | Preparing: | |
(a) simple correspondence; or | $65.10 per page of text | |
(b) other correspondence | $162.80 per page of text | |
9 | Reading: | |
(a) simple correspondence; or | $13.20 per page of text | |
(b) other correspondence | $162.80 per quarter hour or part thereof | |
10 | Reading documents, other than correspondence: | |
(a) up to 10 pages of text; or | $13.20 per page of text | |
(b) otherwise | $162.80 per quarter hour or part thereof | |
11 | Examining a document to ensure that it is correct or complete (for example, a proof print of a court book): | |
(a) up to 10 pages of text; or | $6.45 per page of text | |
(b) otherwise | $81.50 per quarter hour or part thereof | |
12 | Copying documents: | |
(a) black and white photocopies; or | 66 cents per page | |
(b) colour photocopies | $2.20 per page | |
13 | Attendances, including telephone attendances, research, conferences with clients and conferences with counsel: | |
(a) by a solicitor, if 5 minutes or less; or | $51.95 | |
(b) by a solicitor, if more than 5 minutes; or | $162.80 per quarter hour or part thereof | |
(c) by a law clerk, if 5 minutes or less; or | $26.10 | |
(d) by a law clerk, if more than 5 minutes | $81.50 per quarter hour or part thereof | |
14 | Attendances in Court, including travelling time to and from Court: | |
(a) by a solicitor; or | $162.80 per quarter hour or part thereof | |
(b) by a law clerk | $81.50 per quarter hour or part thereof | |
| ||
15 | Any other attendance not otherwise provided for | $81.50 per quarter hour or part thereof |
16 | In complex or novel matters the Taxing Officer may allow an additional amount for the general care and conduct of the matter, not exceeding 5% of the total of the fees and disbursements otherwise allowed | |
17 | For each witness, including that witness’ travelling time | $325.40 per hour or part thereof |
18 | If a witness is an expert, the Taxing Officer may allow an amount equal to the expert’s actual fees for preparing to give evidence and for attending to give evidence | |
19 | All disbursements reasonably incurred and paid are to be allowed | |
20 | In unusual cases, or in instances that are not otherwise covered by the preceding items, the Taxing Officer may allow such additional charges or disbursements as are reasonable in the circumstances |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
2004 No. 304 | 14 Oct 2004 | 1 Jan 2005 | |
2005 No. 13 | 14 Feb 2005 (F2005L00255) | 1 Mar 2005 | r 1.01.2 |
2006 No. 105 | 22 May 2006 (F2006L01555) | 1 July 2006 | — |
2006 No. 218 | 10 Aug 2006 (F2006L02612) | 1 Sept 2006 | — |
2008 No. 246 | 10 Dec 2008 (F2008L04589) | 1 Jan 2009 | r 1.01.2 |
2009 No. 315 | 10 Nov 2009 (F2009L04135) | 1 Jan 2010 | r 1.01.2 |
2010 No. 240 | 12 Oct 2010 (F2010L02635) | 1 Jan 2011 | — |
2010 No. 274 | 5 Nov 2010 (F2010L02913) | 1 Jan 2011 | r 1.01.2 |
2011 No. 283 | 16 Dec 2011 (F2011L02720) | 1 Jan 2012 | r 1.01.2 |
2012 No. 96 | 5 June 2012 (F2012L01158) | 1 July 2012 | — |
2012 No. 253 | 9 Nov 2012 (F2012L02165) | 1 Jan 2013 | r 1.01.2 |
107, 2013 | 6 June 2013 (F2013L00924) | 11 June 2013 (r 2) | — |
257, 2013 | 5 Dec 2013 (F2013L02048) | 1 Jan 2014 | — |
139, 2014 | 17 Sept 2014 (F2014L01233) | Sch 1 (items 12–19): 1 Jan 2015 (s 2 item 3) Remainder: 18 Sept 2014 (s 2 items 1, 2) | — |
178, 2015 | 6 Nov 2015 (F2015L01762) | 1 Jan 2016 (s 2(1) item 1) | — |
High Court Amendment (2016 Measures No. 1) Rules 2016 | 15 June 2016 (F2016L01029) | 1 July 2016 (s 2(1) item 1) | — |
High Court Amendment (Confidential Documents) Rules 2016 | 29 Aug 2016 (F2016L01351) | 30 Aug 2016 (s 2(1) item 1) | — |
High Court Amendment (Fees) Rules 2016 | 11 Nov 2016 (F2016L01740) | 1 Jan 2017 (s 2(1) item 1) | — |
High Court Amendment (2016 Measures No. 2) Rules 2016 | 8 Dec 2016 (F2016L01890) | 9 Dec 2016 (s 2(1) item 1) | — |
High Court Amendment (Appeals and Other Matters) Rules 2017 | 13 Oct 2017 (F2017L01350) | 1 Jan 2018 (s 2(1) item 1) | — |
High Court Amendment (Fees) Rules 2017 | 10 Nov 2017 (F2017L01459) | 1 Jan 2018 (s 2(1) item 1) | — |
High Court Amendment (Constitutional Writs and Other Matters) Rules 2018 | 17 Oct 2018 (F2018L01443) | 1 Nov 2018 (s 2(1) item 1) | — |
High Court Amendment (Fees) Rules 2018 | 7 Dec 2018 (F2018L01681) | 1 Jan 2019 (s 2(1) item 1) | — |
High Court Amendment (Electronic Filing and Other Matters) Rules 2019 | 20 Dec 2019 (F2019L01677) | 21 Dec 2019 (s 2(1) item 1) | — |
High Court Amendment (Fees and Other Matters) Rules 2022 | 16 Mar 2022 (F2022L00322) | 1 May 2022 (s 2(1) item 1) | — |
High Court Amendment (Forms and Other Matters) Rules 2022 | 21 Nov 2022 (F2022L01483) | 1 Jan 2023 (s 2(1) item 1) | — |
High Court Amendment (Fees) Rules 2023 | 17 Nov 2023 (F2023L01522) | 1 Jan 2024 (s 2(1) item 1) | — |
High Court Amendment (2023 Measures No. 1) Rules 2023 | 20 Nov 2023 (F2023L01525) | 21 Nov 2023 (s 2(1) item 1) | — |
High Court Amendment (Fees and Other Measures) Rules 2025 | 3 Mar 2025 (F2025L00266) | 1 Mar 2025 (s 2(1) item 1) | — |
r 1.03......................................... | 1.03.1 rep LA s 48D |
1.03.2 rep LA s 48C | |
r 1.06......................................... | am No 107, 2013; F2016L01351; F2017L01350; F2019L01677; F2022L01483 |
r 1.07......................................... | am F2016L01890; F2017L01350 |
rs F2019L01677 | |
r 1.08......................................... | am No 218, 2006; No 240, 2010; F2016L01351; F2019L01677 |
r 1.09......................................... | rs No 240, 2010 |
am No 107, 2013 | |
rs F2022L01483 | |
r 1.10......................................... | ad F2019L01677 |
r. 2.03.1..................................... | am. 2010 No. 240 |
r. 2.03.2..................................... | am. 2010 No. 240 |
r. 2.03.3..................................... | am. 2010 No. 240 |
r. 2.03.4..................................... | ad. 2010 No. 240 |
r 3.01......................................... | am F2019L01677 |
r. 4.04.1..................................... | am. 2010 No. 240 |
r. 4.04.2..................................... | am. 2010 No. 240 |
r 4.05.1...................................... | rs F2017L01350 |
r 4.05.3...................................... | rep F2017L01350 |
r 4.06......................................... | am F2016L01890; F2019L01677 |
r 4.07......................................... | am F2016L01351 |
rs F2019L01677 | |
Part 5 heading............................. | rs No 139, 2014 |
r 5.01......................................... | am No 139, 2014; F2019L01677 |
r 5.02......................................... | rs No 139, 2014 |
am F2017L01350; F2019L01677 | |
r 5.03......................................... | am No 240, 2010 |
rs No 139, 2014; F2019L01677 | |
r 5.04......................................... | ad No 139, 2014 |
am No 139, 2014; F2019L01677 | |
r. 6.01.1..................................... | am. 2010 No. 240 |
r. 6.01.2..................................... | am. 2010 No. 240 |
r 6.02......................................... | am F2016L01890; F2019L01677 |
r 6.03......................................... | am F2017L01350; F2019L01677; F2023L01525 |
r 6.04.3...................................... | rep F2016L01890 |
r 6.05......................................... | am F2019L01677 |
r. 6.06........................................ | rs. No. 107, 2013 |
r. 6.06.1..................................... | rs. No. 107, 2013 |
r. 6.06.2..................................... | rs. No. 107, 2013 |
r. 6.06.3..................................... | ad. No. 107, 2013 |
r. 6.07........................................ | am. 2010 No. 240 |
rs. No. 107, 2013 | |
r. 6.07.1..................................... | ad. No. 107, 2013 |
r. 6.07.2..................................... | ad. No. 107, 2013 |
r. 6.07.3..................................... | ad. No. 107, 2013 |
am F2016L01890 | |
r 7.01......................................... | am F2019L01677 |
r 8.04......................................... | am No 240, 2010; F2019L01677 |
r 9.01.1...................................... | am F2018L01443 |
r 9.02.2...................................... | rep F2016L01890 |
r. 9.03.1..................................... | rs. 2006 No. 218 |
r 9.04......................................... | am F2017L01350; F2019L01677 |
r 9.04A...................................... | ad F2019L01677 |
r 9.05......................................... | rs F2019L01677 |
r 9.06......................................... | rs F2019L01677 |
Part 13....................................... | ad. 2010 No. 240 |
r. 13.01...................................... | ad. 2010 No. 240 |
r 13.02....................................... | ad No 240, 2010 |
am No 139, 2014; F2019L01677 | |
r 13.03....................................... | ad No 240, 2010 |
rs No 139, 2014 | |
am F2019L01677 | |
r 13.04....................................... | ad F2016L01890 |
am F2017L01350 | |
r 20.01....................................... | am F2016L01890 |
r 20.01.1..................................... | am F2018L01443 |
r 20.02....................................... | rs F2016L01890 |
am F2018L01443 | |
rep F2019L01677 | |
r 21.09....................................... | am F2019L01677 |
r 22.01....................................... | am F2016L01890 |
r 22.01.1..................................... | am F2018L01443 |
r 22.02....................................... | rs F2016L01890 |
r 23.01....................................... | am F2016L01890; F2019L01677 |
r 23.03....................................... | am F2019L01677 |
r 23.04....................................... | am F2016L01890; F2019L01677 |
r. 24.01.12.................................. | rs. 2010 No. 240 |
Part 25....................................... | rs F2018L01443 |
r 25.01....................................... | am F2016L01890 |
rs F2018L01443 | |
r 25.01.1..................................... | ad F2018L01443 |
r 25.01.2..................................... | ad F2018L01443 |
r 25.01.3..................................... | ad F2018L01443 |
r 25.02....................................... | rs F2018L01443 |
r 25.02.1..................................... | rs F2018L01443 |
r 25.02.2..................................... | rs F2018L01443 |
r 25.02.3..................................... | rep F2018L01443 |
r 25.03....................................... | rs F2018L01443 |
r. 25.03.1.................................... | rs. 2006 No. 218 |
am. 2010 No. 240 | |
rep F2018L01443 | |
r 25.03.2..................................... | rep F2018L01443 |
r 25.03.3..................................... | rep F2018L01443 |
r 25.03.4..................................... | rep F2018L01443 |
r 25.03.5..................................... | rep F2018L01443 |
r. 25.03.6.................................... | ad. 2006 No. 218 |
rep F2018L01443 | |
r. 25.03.7.................................... | ad. 2006 No. 218 |
rep F2018L01443 | |
r 25.04....................................... | rs F2018L01443 |
r 25.04.1..................................... | ad F2018L01443 |
r 25.04.2..................................... | ad F2018L01443 |
r 25.05....................................... | rs F2018L01443 |
r 25.05.1..................................... | ad F2018L01443 |
r 25.05.2..................................... | ad F2018L01443 |
r 25.06....................................... | rs F2018L01443 |
r 25.06.1..................................... | rep F2018L01443 |
r 25.06.2..................................... | rep F2018L01443 |
r 25.06.3..................................... | rep F2018L01443 |
r 25.07....................................... | rs F2018L01443 |
r 25.07.1..................................... | rs F2018L01443 |
r 25.07.2..................................... | rs F2018L01443 |
r 25.07.3..................................... | ad F2018L01443 |
r 25.07.4..................................... | ad F2018L01443 |
r 25.07.5..................................... | ad F2018L01443 |
r 25.08....................................... | rs F2018L01443 |
r 25.08.1..................................... | rs F2018L01443 |
r 25.08.2..................................... | rs F2018L01443 |
r 25.08.3..................................... | rs F2018L01443 |
r 25.08.4..................................... | rep F2018L01443 |
r 25.08.5..................................... | rep F2018L01443 |
r 25.08.6..................................... | rep F2018L01443 |
r 25.08.7..................................... | rep F2018L01443 |
r 25.08.8..................................... | rep F2018L01443 |
r 25.08.9..................................... | rep F2018L01443 |
r 25.09....................................... | rs F2018L01443 |
am F2025L00266 | |
r 25.10....................................... | rs F2018L01443 |
r 25.10.1..................................... | rs F2018L01443 |
r 25.10.2..................................... | rs F2018L01443 |
r 25.10.3..................................... | rs F2018L01443 |
r 25.10.4..................................... | ad F2018L01443 |
r 25.11....................................... | rs F2018L01443 |
r 25.11.1..................................... | rep F2018L01443 |
r 25.11.2..................................... | rep F2018L01443 |
r 25.11.3..................................... | rep F2018L01443 |
r 25.11.4..................................... | rep F2018L01443 |
r 25.12....................................... | rs F2018L01443 |
am F2019L01677 | |
r. 25.13...................................... | am. 2012 No. 96 |
rs F2018L01443 | |
r 25.13.1..................................... | ad F2018L01443 |
r 25.13.2..................................... | ad F2018L01443 |
r 25.13.3..................................... | ad F2018L01443 |
r 25.13.4..................................... | ad F2018L01443 |
r 25.13.5..................................... | ad F2018L01443 |
r 25.13.6..................................... | ad F2018L01443 |
r 25.13.7..................................... | ad F2018L01443 |
r 25.14....................................... | rs F2018L01443 |
r 25.14.1..................................... | rep F2018L01443 |
r 25.14.2..................................... | rep F2018L01443 |
r 25.15....................................... | rs F2018L01443 |
r 25.15.1..................................... | rep F2018L01443 |
r 25.15.2..................................... | rep F2018L01443 |
r 25.15.3..................................... | rep F2018L01443 |
r 25.16....................................... | rs F2018L01443 |
r 25.16.1..................................... | rs F2018L01443 |
r 25.16.2..................................... | rs F2018L01443 |
r 25.16.3..................................... | ad F2018L01443 |
r 25.16.4..................................... | ad F2018L01443 |
r 25.17....................................... | rs F2018L01443 |
r 25.18....................................... | rep F2018L01443 |
r 25.18.1..................................... | rep F2018L01443 |
r 25.18.2..................................... | rep F2018L01443 |
r 25.18.3..................................... | rep F2018L01443 |
r 25.19....................................... | rep F2018L01443 |
r 25.20....................................... | rep F2018L01443 |
Part 26....................................... | rs F2016L01029 |
r 26.01....................................... | rs F2016L01029 |
am F2016L01890; F2019L01677 | |
r 26.02....................................... | rs F2016L01029 |
r 26.02.1..................................... | rs F2016L01029 |
r 26.02.2..................................... | rs F2016L01029 |
r 26.03....................................... | rs F2016L01029 |
r 26.03.1..................................... | rep F2016L01029 |
r 26.03.2..................................... | rep F2016L01029 |
r 26.04....................................... | rs F2016L01029 |
am F2019L01677 | |
r 26.05....................................... | rs No 240, 2010; F2016L01029 |
am F2019L01677 | |
r. 26.06...................................... | ad No 240, 2010 |
rs F2016L01029 | |
rep F2023L01525 | |
r 26.07....................................... | ad F2016L01029 |
am F2023L01525; F2025L00266 | |
r 26.08....................................... | ad F2016L01029 |
r 26.08.1..................................... | ad F2016L01029 |
r 26.08.2..................................... | ad F2016L01029 |
r 26.08.3..................................... | ad F2016L01029 |
r 26.08.4..................................... | ad F2016L01029 |
r 26.09....................................... | ad F2016L01029 |
am F2023L01525 | |
r 26.10....................................... | ad F2016L01029 |
am F2019L01677 | |
r 27.01....................................... | am F2019L01677 |
r 27.03.2..................................... | am F2018L01443 |
r 27.06....................................... | rs F2019L01677 |
r 27.07....................................... | am F2019L01677 |
r 27.08....................................... | am F2018L01443; F2019L01677 |
r 27.09.4..................................... | rep F2018L01443 |
r 27.10....................................... | am F2019L01677 |
Part 28....................................... |
rep. 2010 No. 240 | |
ad F2018L01443 | |
r. 28.01...................................... | rep. 2010 No. 240 |
ad F2018L01443 | |
r 28.01.1..................................... | ad F2018L01443 |
r 28.01.2..................................... | ad F2018L01443 |
r 28.01.3..................................... | ad F2018L01443 |
r. 28.02...................................... | rep. 2010 No. 240 |
r. 28.02.1.................................... | rep. 2010 No. 240 |
r. 28.02.2.................................... | rep. 2010 No. 240 |
r. 28.02.3.................................... | ad. 2006 No. 218 |
rep. 2010 No. 240 | |
r. 28.03...................................... | rep. 2010 No. 240 |
r. 28.03.1.................................... | rep. 2010 No. 240 |
r. 28.03.2.................................... | rep. 2010 No. 240 |
r 30.03....................................... | am F2019L01677 |
r 32.01....................................... | rs F2019L01677 |
Part 40 heading........................... | rs F2017L01350 |
r 40.01....................................... | am F2017L01350 |
Part 41....................................... | rs F2016L01029 |
r 41.01....................................... | am No 105, 2006 |
rs F2016L01029 | |
am F2019L01677 | |
r 41.02....................................... | rs F2016L01029 |
am F2019L01677 | |
r 41.03....................................... | rs F2016L01029 |
am F2019L01677 | |
r 41.04....................................... | rs F2016L01029 |
r 41.04.1..................................... | rep F2016L01029 |
r 41.04.2..................................... | rep F2016L01029 |
r 41.04.3..................................... | rep F2016L01029 |
r 41.05....................................... | rs F2016L01029 |
r 41.05.1..................................... | rs F2016L01029 |
r 41.05.2..................................... | rs F2016L01029 |
r 41.05.3..................................... | rs F2016L01029 |
r 41.05.4..................................... | ad F2016L01029 |
r 41.05.5..................................... | ad F2016L01029 |
r 41.06....................................... | rs F2016L01029 |
r 41.06.1..................................... | rs F2016L01029 |
r 41.06.2..................................... | rs F2016L01029 |
r 41.06.3..................................... | ad F2016L01029 |
r 41.07....................................... | am No 240, 2010 |
rs F2016L01029 | |
am F2017L01350; F2019L01677 | |
rs F2023L01525 | |
r 41.08....................................... | am No 240, 2010 |
rs F2016L01029 | |
am F2023L01525 | |
r 41.09....................................... | rs F2016L01029 |
r 41.09.1..................................... | rs F2016L01029 |
r. 41.09.2.................................... | rs. 2006 No. 105; 2006 No. 218; F2016L01029 |
r. 41.09.3.................................... | rs. 2006 No. 105 |
am. 2006 No. 218; 2010 No. 240 | |
rs F2016L01029 | |
r 41.09.4..................................... | rs F2016L01029 |
r 41.09.5..................................... | rep F2016L01029 |
r 41.09.6..................................... | rep F2016L01029 |
r. 41.09.7.................................... | rs. 2006 No. 105 |
am. 2010 No. 240 | |
rep F2016L01029 | |
r. 41.09.8.................................... | rs. 2006 No. 105 |
am. 2010 No. 240 | |
rep F2016L01029 | |
r. 41.09.9.................................... | rs. 2006 No. 105 |
rep F2016L01029 | |
r. 41.09.10.................................. | rs. 2006 No. 105 |
rep F2016L01029 | |
r. 41.09.11.................................. | rep. 2006 No. 105 |
r. 41.09.12.................................. | rep. 2006 No. 105 |
r 41.10....................................... | am No 218, 2006; No 240, 2010 |
rs F2016L01029 | |
am F2023L01525 | |
r 41.11....................................... | rs F2016L01029 |
am F2019L01677 | |
r 41.12....................................... | rep F2016L01029 |
r 41.12.1..................................... | rep F2016L01029 |
r 41.12.2..................................... | rep F2016L01029 |
r 41.12.3..................................... | rep F2016L01029 |
r 41.12.4..................................... | rep F2016L01029 |
r 41.13....................................... | rep F2016L01029 |
r. 41.13.1.................................... | am. 2006 No. 105 |
rep F2016L01029 | |
r 41.13.2..................................... | rep F2016L01029 |
r 41.14....................................... | rep F2016L01029 |
r 41.14.1..................................... | rep F2016L01029 |
r 41.14.2..................................... | rep F2016L01029 |
r 41.15....................................... | rep F2016L01029 |
r 41.15.1..................................... | rep F2016L01029 |
r 41.15.2..................................... | rep F2016L01029 |
r 41.15.3..................................... | rep F2016L01029 |
r 42.02....................................... | am No 240, 2010; F2023L01525 |
r. 42.13.6.................................... | rs. 2006 No. 218 |
r. 42.03...................................... | rs. 2010 No. 240 |
r 42.04....................................... | rep F2019L01677 |
r 42.05....................................... | am No 240, 2010; F2019L01677 |
r. 42.06.1.................................... | am. 2010 No. 240 |
r. 42.08.1.................................... | am. 2010 No. 240 |
r 42.08A..................................... | ad F2017L01350 |
r 42.10....................................... | am No 240, 2010; F2017L01350 |
rs F2019L01677 | |
r 42.11....................................... | rep F2017L01350 |
r. 42.11.2.................................... | rs. 2010 No. 240 |
rep F2017L01350 | |
r 42.12....................................... | rep F2017L01350 |
r. 42.12.3.................................... | am. 2010 No. 240 |
rep F2017L01350 | |
r 42.13....................................... | am No 218, 2006; No 240, 2010; No 96, 2012 |
rs F2017L01350 | |
am F2019L01677 | |
r 42.15....................................... | am F2019L01677 |
Part 43....................................... | rep F2022L00322 |
r 43.01....................................... | rep F2022L00322 |
r 43.02....................................... | rep F2022L00322 |
r 43.03....................................... | rep F2022L00322 |
Part 44....................................... | ad. 2010 No. 240 |
r. 44.01...................................... | ad. 2010 No. 240 |
r. 44.01.1.................................... | ad. 2010 No. 240 |
r. 44.01.2.................................... | ad. 2010 No. 240 |
am F2017L01350 | |
r 44.02....................................... | ad No 240, 2010 |
am No 96, 2012; F2017L01350; F2019L01677 | |
r 44.03....................................... | ad No 240, 2010 |
am F2017L01350; F2019L01677 | |
r 44.04....................................... | ad No 240, 2010 |
am F2017L01350; F2019L01677 | |
r. 44.05...................................... | ad. 2010 No. 240 |
r. 44.05.1.................................... | ad. 2010 No. 240 |
r. 44.05.2.................................... | ad. 2010 No. 240 |
am. 2012 No. 96; F2017L01350 | |
r. 44.05.3.................................... | ad. 2010 No. 240 |
r. 44.05.4.................................... | ad. 2010 No. 240 |
r. 44.05.5.................................... | ad. 2012 No. 96 |
r. 44.06...................................... | ad. 2010 No. 240 |
am 2012 No. 96 | |
rs F2017L01350 | |
r. 44.06.1.................................... | ad. 2010 No. 240 |
am. 2012 No. 96 | |
rep F2017L01350 | |
r. 44.06.2.................................... | ad. 2010 No. 240 |
rep F2017L01350 | |
r. 44.07...................................... | ad. 2010 No. 240 |
r. 44.07.1.................................... | ad. 2010 No. 240 |
am F2017L01350 | |
r. 44.08...................................... | ad. 2010 No. 240 |
r. 44.08.1.................................... | ad. 2010 No. 240 |
r 44.08.2..................................... | ad F2016L01029 |
Part 45....................................... | ad. 2012 No. 96 |
rep No 139, 2014 | |
r 45.01....................................... | ad 2012 No. 96 |
rep No 139, 2014 | |
r 45.01.1..................................... | ad 2012 No. 96 |
rep No 139, 2014 | |
r 45.01.2..................................... | ad 2012 No. 96 |
rep No 139, 2014 | |
r 45.01.3..................................... | ad2012 No. 96 |
rep No 139, 2014 | |
r 45.02....................................... | ad 2012 No. 96 |
rep No 139, 2014 | |
r 45.03....................................... | ad 2012 No. 96 |
rep No 139, 2014 | |
r 53.04...................................... | am F2019L01677 |
r 53.05...................................... | am F2019L01677 |
r 54.01...................................... | rs F2019L01677 |
r 56.01...................................... | am No 139, 2014 |
r 56.02...................................... | rs No 139, 2014 |
am F2019L01677 | |
r 56.04...................................... | am No 139, 2014 |
r 56.06...................................... | rs No 139, 2014 |
r. 56.09...................................... | am. 2010 No. 240; No 139, 2014 |
r 57.01....................................... | rs No 218, 2006 |
am No 240, 2010; F2019L01677 | |
r. 57.02.2.................................... | rs. 2006 No. 218 |
r. 57.02.3.................................... | rs. 2006 No. 218 |
r 57.05....................................... | am No 218, 2006; F2019L01677 |
r. 58.02.1.................................... | rs. 2006 No. 218; 2010 No. 240; No 139, 2014 |
r 58.02.1A.................................. | ad No 139, 2014 |
r. 58.02.2.................................... | am. 2010 No. 240 |
r. 58.03...................................... | rs. 2006 No. 218 |
r. 58.04...................................... | am. 2010 No. 240 |
Chapter 6................................... | ad No 139, 2014 |
ed C29 | |
Part 60....................................... | rep 18 Sept 2016 (r 60.03) |
ad F2016L01890 | |
rep 9 Dec 2017 (r 60.02) | |
ad F2017L01350 | |
rep 1 Jan 2019 (r 60.03) | |
r 60.01....................................... | ad No 139, 2014 |
rep 18 Sept 2016 (r 60.03) | |
ad F2016L01890 | |
rep 9 Dec 2017 (r 60.02) | |
ad F2017L01350 | |
rep 1 Jan 2019 (r 60.03) | |
r 60.02....................................... | ad No 139, 2014 |
rep 18 Sept 2016 (r 60.03) | |
ad F2016L01890 | |
rep 9 Dec 2017 (r 60.02) | |
ad F2017L01350 | |
rep 1 Jan 2019 (r 60.03) | |
r 60.03....................................... | ad No 139, 2014 |
rep 18 Sept 2016 (r 60.03) | |
ad F2017L01350 | |
rep 1 Jan 2019 (r 60.03) | |
Part 61....................................... | ad F2018L01443 |
rep 1 Nov 2019 (r 61.04) | |
ad F2019L01677 | |
rep 1 Jan 2025 (r 61.03) | |
r 61.01....................................... | ad F2018L01443 |
rep 1 Nov 2019 (r 61.04) | |
ad F2019L01677 | |
rep 1 Jan 2025 (r 61.03) | |
r 61.02....................................... | ad F2018L01443 |
rep 1 Nov 2019 (r 61.04) | |
ad F2019L01677 | |
rep 1 Jan 2025 (r 61.03) | |
r 61.03....................................... | ad F2018L01443 |
rep 1 Nov 2019 (r 61.04) | |
ad F2019L01677 | |
rep 1 Jan 2025 (r 61.03) | |
r 61.04....................................... | ad F2018L01443 |
rep 1 Nov 2019 (r 61.04) | |
Part 62....................................... | ad F2023L01525 |
rep 1 Dec 2024 (r 62.04) | |
r 62.01....................................... | ad F2023L01525 |
rep 1 Dec 2024 (r 62.04) | |
r 62.02....................................... | ad F2023L01525 |
rep 1 Dec 2024 (r 62.04) | |
r 62.03....................................... | ad F2023L01525 |
rep 1 Dec 2024 (r 62.04) | |
r 62.04....................................... | ad F2023L01525 |
rep 1 Dec 2024 (r 62.04) | |
Schedule 1................................. | rep F2022L01483 |
Table......................................... | rs No 96, 2012; No 107, 2013 |
am No 139, 2014 | |
rs F2016L01029 | |
am F2016L01890; F2018L01443 | |
rs F2019L01677 | |
rep F2022L01483 | |
Form 1....................................... | am No 240, 2010 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 1A.................................... | ad No 139, 2014 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 2....................................... | am No 240, 2010 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 3....................................... | am No 240, 2010 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 4....................................... | am No 240, 2010 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 5....................................... | rs F2016L01890; F2019L01677 |
rep F2022L01483 | |
Form 6....................................... | rs F2016L01890; F2019L01677 |
rep F2022L01483 | |
Form 7....................................... | am No 240, 2010; F2016L01029 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 8....................................... | am F2016L01029 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 9....................................... | am No 240, 2010 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 10..................................... | rs F2016L01890; F2019L01677 |
rep F2022L01483 | |
Form 11..................................... | rs F2016L01890; F2019L01677 |
rep F2022L01483 | |
Form 12..................................... | am No 96, 2012 |
rs F2018L01443; F2019L01677 | |
rep F2022L01483 | |
Form 12A................................... | ad F2018L01443 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 13..................................... | rs F2016L01890; F2018L01443; F2019L01677 |
rep F2022L01483 | |
Form 14..................................... | rs F2016L01890; F2018L01443; F2019L01677 |
rep F2022L01483 | |
Form 15..................................... | rs F2016L01890; F2018L01443; F2019L01677 |
rep F2022L01483 | |
Form 16..................................... | rs F2016L01890; F2018L01443; F2019L01677 |
rep F2022L01483 | |
Form 17..................................... | rs F2016L01029; F2019L01677 |
rep F2022L01483 | |
Form 18..................................... | am No 240, 2010 |
rs F2016L01029; F2019L01677 | |
rep F2022L01483 | |
Form 19..................................... | rep F2016L01029 |
Form 20..................................... | rs No 218, 2006; F2016L01890; F2019L01677 |
rep F2022L01483 | |
Form 21..................................... | rs No 218, 2006 |
am No 240, 2010; F2016L01890 | |
rs F2019L01677 | |
rep F2022L01483 | |
Form 22..................................... | rs F2019L01677 |
rep F2022L01483 | |
Form 23..................................... | rs F2016L01029; F2017L01350; F2019L01677 |
rep F2022L01483 | |
Form 23A................................... | ad F2016L01029 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 24..................................... | am No 240, 2010; F2016L01029 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 25..................................... | am F2016L01029 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 26..................................... | rs F2019L01677 |
rep F2022L01483 | |
Form 27..................................... | rs F2019L01677 |
rep F2022L01483 | |
Form 27A................................... | ad No 240, 2010 |
am No 96, 2012 | |
rs F2017L01350; F2019L01677 | |
rep F2022L01483 | |
Form 27B................................... | ad No 240, 2010 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 27C................................... | ad No 240, 2010 |
am No 96, 2012 | |
rs F2017L01350; F2019L01677 | |
rep F2022L01483 | |
Form 27D................................... | ad No 240, 2010 |
am No 96, 2012 | |
rs F2017L01350; F2019L01677 | |
rep F2022L01483 | |
Form 27E................................... | ad No 96, 2012 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 27F................................... | ad F2016L01029 |
rs F2019L01677 | |
rep F2022L01483 | |
Form 28..................................... | rs F2019L01677 |
rep F2022L01483 | |
Form 29..................................... | rs No 218, 2006; F2019L01677 |
rep F2022L01483 | |
Form 30..................................... | ad No 107, 2013 |
rs F2016L01890; F2019L01677 | |
rep F2022L01483 | |
Form 31..................................... | ad No 107, 2013 |
rs F2016L01890; F2019L01677 | |
rep F2022L01483 | |
Schedule 2.................................. | rs No 13, 2005; No 246, 2008; No 315, 2009; No 274, 2010; No 283, 2011; No 253, 2012; No 257, 2013; No 139, 2014; No 178, 2015; F2016L01740; F2017L01459; F2018L01681; F2019L01677; F2022L00322; F2022L01483; F2023L01522; F2025L00266 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the
Removal of redundant text
Part 61 of Chapter 6 was self‑repealed by rule 61.03 on 1 January 2025.
Part 62 of Chapter 6 was self‑repealed by rule 62.04 on 1 December 2024.
These actions left a Chapter 6 heading and Chapter 6 does not contain any rules.
The compilation was editorially changed to repeal the Chapter 6 heading.
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