High Court Rules (Amendment) (Cth)

Statutory Rules 1985 No. 3871

High Court of Australia

High Court Rules2 (Amendment)

PURSUANT to the Judiciary Act 1903 as amended and to all other powers thereunto enabling, it is ordered that the High Court Rules, being Statutory Rules 1952, No. 23, as amended, be further amended as shown hereunder.

Dated this 5th day of December 1985.

H. T. GIBBS C.J.

A. F. MASON

R. D. WILSON

(L.S.) F. G. BRENNAN

WILLIAM DEANE

DARYL DAWSON

Justices

FRANK JONES

Registrar

 

AMENDMENT OF THE RULES

The High Court Rules are amended as follows:

1. Rule 10 (2) of Order 45 and Rule 6 (1) of Order 63 are amended by deleting the words “the Crown Solicitor of the Commonwealth” where mentioned in each of the rules and substituting therefor the words “the Australian Government Solicitor”.

2. Sub-rule 1 of rule 8 of Order 55 is repealed and the following sub-rule is substituted:

“8. (1) (a) An application for an order to show cause and all subsequent proceedings filed in the Registry shall be entitled

“Application for (description of writ or order sought, e.g. a writ of prohibition) against (name of every person

 

(S.R. 389/85) Cat. No.  11/13.12.1985

 

and authority to whom the writ or order is proposed to be directed or against whom the information is proposed to be exhibited). Ex parte (name of the prosecutor, relator or applicant).”

except in the case of an order for the production of a person as a witness or proceedings pending in the Court, in which case it shall be entitled in the proceedings.

(b) For all other purposes, the proceedings may be described in the following manner:

“Re (name of the party who is effectively the respondent); Ex parte (name of prosecutor, relator or applicant).”

3. Order 70 is amended as follows:

(1) rule 9 is repealed

(2) rule 10 is repealed and the following rule is substituted:

“10. (1) The Court or a Justice may at any time on the application of any respondent to an appeal order that the appellant give security, within a time to be limited by the order and in such amount as the Court or a Justice may fix, for the prosecution of the appeal without delay and for the payment of such costs as may be awarded by the Court to the respondent.

(2) Security may be given by payment into Court or in such manner as the Registrar may approve.

(3) The appellant shall, upon giving any security, forthwith serve upon the respondent written notice of the time when, and manner in which, the security was given.

(4) If security is not given in accordance with the order, the Court or a Justice may on the application of any respondent direct that the appeal be dismissed.

(5) in any case, the Court or a Justice may reduce or increase the amount of security or otherwise vary or rescind an order already made relating to security.”

(3) Sub-rules (1), (2) and (3) of rule 12 are repealed and the following sub-rules are substituted:

“(1) Unless the Court or a Justice otherwise orders, neither an application for special leave to appeal nor an appeal shall operate as a stay of proceedings.

(2) In any case where a stay of proceedings has been ordered, the Court or a Justice may make an order removing the stay, wholly or in part, and upon such terms and conditions as the Court or a Justice thinks fit.”

 

4. Order 71 rule 19 is amended by the addition of the following sub-rule:

“(3) A taxing officer may, of his own motion, refer any question arising in a taxation to a Justice for a direction.”

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 10 January 1986.

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.

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