High Court Rules (Amendment) (Cth)

Statutory Rules 1991 No. 4731

High Court Rules (Amendment)

WE, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903.

Dated Wednesday, the 11th day of December, 1991.

A. F. MASON

F. G. BRENNAN

WILLIAM DEANE

DARYL DAWSON

JOHN TOOHEY

M. GAUDRON

M. H. McHUGH

Justices of the High Court of Australia

FRANK W. D. JONES

Registrar

1. Commencement

1.1 These rules commence on Monday, the 16th day of December, 1991.

 

2. Amendment

2.1 The High Court Rules are amended as set out in these Rules.

3. Rules 1, 2 and 3 of Order 43a are repealed and the following rules are substituted:

“Rule 1 Every judgment debt under a judgment of the High Court of Australia shall carry interest at the prescribed rate of interest applicable to judgments of the Supreme Court of the State or Territory in which judgment is entered, from the date of entry of judgment.

“Rule 2 Every award of costs under a judgment of the High Court of Australia shall carry interest at the prescribed rate of interest applicable to judgments of the Supreme Court of the State or Territory in which the proceeding is pending, from the date of the certificate of taxation quantifying same.”.

4. Rule 4 of Order 60 is repealed and the following rule is substituted:

“Rule 4 Unless the Court or a Justice otherwise directs, the Long Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.”.

5. Rules 1 and 4 of Order 69a are amended by the addition of the words “leave or” before the words “special leave to appeal” wherever appearing in the rules.

6. Order 53 is repealed.

7. Order 65 is repealed.

8. Order 66 is repealed.

9. Order 66a is repealed.

10. Order 66b is repealed.

11. Order 67 is repealed.

12. Order 67a is repealed.

13. The following Order is inserted after Order 72:

ORDER 73

JUDICIARY ACT 1903—SECTlON 78B NOTICE

Rule 1

1 (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 whose case raises the matter shall file a notice of a constitutional matter in the Registry at Canberra.

1 (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 sub-rule (1) applies.

1 (3) The notice of a constitutional matter shall be substantially in the form numbered 69 in the First Schedule.

Rule 2

The party whose case raises the constitutional matter or such other party as the Court may direct shall file notice of a constitutional matter and serve a copy thereof on every other party and on the Attorneys—General of the Commonwealth, the States, the Northern Territory, and the Australian Capital Territory

(a) if the matter arises in any pleading—within 7 days of the delivery of the pleading; or

(b) if the matter arises in any originating process—within 7 days of the filing of the process; or

(c) otherwise if the matter arises before the date fixed for a hearing of a proceeding—not later than 14 days before that date; or

(d) otherwise if 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.

Rule 3

The party whose case raises the constitutional matter shall file an affidavit of service of the notice of a constitutional matter proving compliance with paragraph 2(a), (b), (c) or (d) not later than 2 days before the date appointed for the hearing of a proceeding.

14. The First Schedule is amended by including the form set out in Schedule 1 to this Rule.

SCHEDULE 1

FORM 69 673 r(1)

NOTICE OF A CONSTITUTIONAL MATTER UNDER SECTION 78B OF THE JUDICIARY ACT 1903

IN THE HIGH COURT OF AUSTRALIA  No. of 19

REGISTRY

AB. Applicant/Plaintiff

CD. Respondent/Plaintiff

SCHEDULE 1—continued

NOTICE OF A CONSTITUTIONAL MATTER

1. (The party whose case raises the matter, e.g. applicant, respondent, etc.) gives notice that the above proceedings involves a matter arising under the Constitution or involving its interpretation within the meaning of Section 78b of the Judiciary Act 1903.

2.) Specify the nature of the matter

)

(e.g., the constitutional issue which is said

3.) to arise)

4. Specify the facts showing the matter is one to which Section 78b of the Judiciary Act 1903 applies.

Dated the day of 19 .

…………………………………..

(signed, applicant or his solicitor)

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 December 1991.

2. Statutory Rules 1952 No. 23 as amended by 1953 Nos. 1 and 46; 1954 No. 102; 1955 Nos. 25 and 34; 1959 No. 107; 1960 Nos. 19 and 94; 1961 Nos. 19 and 89; 1968 No. 4; 1970 No. 17; 1973 Nos. 94 and 205; 1976 No. 44; 1977 No. 41; 1978 Nos. 10 and 46; 1980 Nos. 88 and 296; 1981 No. 24; 1982 Nos. 77, 164, 216 and 262; 1983 Nos. 257 and 263; 1984 No. 406; 1985 No. 387; 1986 Nos. 22, 290, 305 and 383; 1987 Nos. 46, 179 and 302; 1988 Nos. 218 and 230; 1989 Nos. 27 and 132; 1990 No. 349; 1991 No. 318.