High Court Rules (Amendment) (Cth)

JUDICIARY.

 

HIGH COURT RULES.

Statutory Rules 1954, No. 102.(a)

 

(As of Wednesday the twenty-second day of September, 1954.)

PURSUANT to the Judiciary Act 1903-1950 and to all other powers thereunto enabling, it is ordered as follows:—

That the High Court Rules, being Statutory Rules 1952, No. 23, made as of Saturday the twelfth day of April, 1952, as amended by Statutory Rules 1953, No. 1, made as of Tuesday the sixteenth day of December, 1952, and by Statutory Rules 1953, No. 48, made as of Thursday the thirtieth day of April, 1953, be further amended in the manner hereinafter appearing, that is to say:—

Office Seal.

1. Rule 3 of Order 58 is amended by omitting from sub-rule (1.) the words after the words “Principal Registry,” and inserting in their stead the words “and in the case of any other Registry the name of the place where it is situated.”.

Taking of proceedings is vacation.

2. Rule 4 of Order 60 is amended by omitting paragraphs (l), (m) and (n) of sub-rule (3.) and inserting in their stead the following paragraphs:—

“(l) issuing and effecting execution;

(m) the filing and serving of a notice of appeal under Order 65 or Order 70, or of a notice of application for leave or special leave to appeal under Order 70; and

(n) the giving of security under rules 9 and 10 of Order 70.”.

3. Order 70 is amended—

(a) by repealing rule 2 and inserting in its stead the following rule:—

How applications for leave to appeal to be made.

“2.—(1.) Subject to the provisions of this rule an application for leave or special leave to appeal may be made ex parte, but if the applicant in any case thinks fit it may be made upon notice.

(2.) (a) If leave or special leave to appeal from a judgment other than a judgment of a court of a Territory is sought ex parte, then subject to Order 60 rule 6 the application shall be made not later than the first sitting day of the Court for which motions are in the paper occurring after twenty-one days from the date when the judgment was pronounced from which it is sought to appeal.

 

(a) Made under the Judiciary Act 1903-1950 on 22nd September, 1954; notified in the Gazette on 7th October, 1954.

 

(b) If leave or special leave to appeal from a judgment of a court of a Territory is sought ex parte, then subject to Order 60 rule 6 the application shall be made not later than the first sitting day of the Court for which motions are in the paper occurring after two months from the date when the judgment was pronounced from which it is sought to appeal.

(3.) The application shall be made upon notice—

(a) if the Court so directs; or

(b) if a party interested in maintaining the judgment from which it is sought to appeal gives notice in writing to the applicant that he desires to be heard in opposition to, or upon a question arising out of, an application for leave or special leave to appeal; or

(c) if the application is by a prisoner or accused person or by the Crown for leave or special leave to appeal from a judgment, order or sentence pronounced or made by the court of a State in the exercise of a jurisdiction by way of criminal appeal in respect of indictable offences or by the court of a Territory in the exercise of its jurisdiction over indictable offences.

(4.) (a) Notice of an application for leave or special leave to appeal may be for any day on which the Court ordinarily places motions in the paper at any place where a sitting is appointed to be held at that time, but the Court or a Justice may expedite the hearing of the application or fix any other time or place.

(b) Notice of an application for leave or special leave to appeal shall be filed in the Registry prescribed by rule 5 (1.) of this Order for the filing of a notice of appeal from the judgment in respect of which leave or special leave to appeal is sought and shall be served upon every party affected by the relief sought in the proposed appeal or interested in maintaining so much of the judgment as it is sought to appeal from In the case of an application pursuant to sub-rule (3.) (c), the notice shall be served upon the prisoner or accused person or the Crown as the case may be.

(c) Subject to Order 60, rules 4 and 6, notice of an application for leave or special leave to appeal shall be filed and served within twenty-one days after the date when the judgment was pronounced from which it is sought to appeal or, if the application is made pursuant to the direction of the Court under sub-rule (3.) (a) or pursuant to notice given by a party under sub-rule (3.) (b), within twenty-one days after the date when the direction or the notice was given.

 

(5.) An application for leave or special leave to appeal shall be made on affidavit stating the nature of the case, the questions involved and the reasons why the leave should be given.

(6.) An application for leave or special leave to appeal shall be made to a Full Court by counsel.

(7.) The provisions of Order 16 with respect to proceedings by poor persons apply, mutatis mutandis, to applications for leave or special leave to appeal, and to appeals.”; and

(b) by adding at the and thereof the following rule:—

Appeals in criminal cases from the Courts of Territories.

“33.—(1.) The Judge of a “court of a Territory before whom a person is convicted may in the case of an appeal against the conviction or sentence or in the case of an application for leave to appeal to this Court forward to the Registrar for the information of the Justices hearing the appeal or application a report (in triplicate) giving his opinion upon the case or upon any point arising in the case.

(2.) The Judge’s report shall not be available to the inspection of the parties or others except upon the direction of the Court or a Justice.”.