High Court Rules (Amendment) (Cth)

Statutory Rules

1973 No. 94

HIGH COURT OF AUSTRALIA RULE OF COURT* AMENDING THE HIGH COURT RULES 

(As of Thursday the 10th day of May, 1973)

PURSUANT to the Judiciary Act 1903-1969 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 follows:—

1. Order 58 is amended by adding after Rule 5 a new Rule:—

Provisions applicable following change of Principal Seal of High Court.

“5a. (1) Where immediately prior to the giving of a notification by the Governor-General pursuant to Section 10 of the Judiciary Act appointing Sydney as the Principal Seat of the High Court, a matter, cause or proceeding was pending before the High Court in cither the Principal Registry or the New South Wales Registry, as the case may be, the Chief Justice may, without any application by any party, order that any such matter, cause or proceeding pending in the Principal Registry shall thereafter be pending in the Victoria Registry and that any matter pending in the New South Wales Registry shall thereafter be pending in the Principal Registry.

“(2) Such an order covering a number of matters or a class of matter may be made without reference to particular matters, causes or proceedings.

“(3) Upon the making of such an order the Principal Registrar or the Registrar in Victoria, as the case may be, shall cause to be suitably endorsed all files and calendars of documents relating to any matter, cause or proceeding referred to or covered by the order to indicate the name of the Registry in which such matter, cause or proceeding is thereafter pending.

“(4) A copy of any order made pursuant to sub-rule (1) or (2) of this Rule shall be sent by the Principal Registrar by prepaid post to the parties in proceedings embraced in any such order, and a copy shall be displayed in the Principal Registry and in the Victoria Registry.

“(5) Unless otherwise ordered and directed by the Chief Justice the making of an order referred to in sub-rule (1) or (2) shall not affect the place of hearing of any matter, cause or proceeding pending at the date of the order.

“(6) Where further proceedings in relation to any matter, cause or proceeding could, but for the transfer of the Principal Seat of the High Court to Sydney have been taken in relation to any such matter, cause or proceeding in the Principal Registry or the New South Wales Registry, as the case may be, all such further proceedings may, without any order of the Court or a Justice be taken in the Victoria Registry or the Principal Registry as the case may be.

 

* Notified in the Commonwealth Gazette on 31 May 1973.

  Statutory Rules 1952, No. 23, as amended by Statutory Rules 1953, No. 1; 1954, No. 102; 1955, Nos. 25 and 34; 1959, No. 107; 1960, Nos. 19 and 94; 1961, Nos. 19 and 89; 1968, No. 4; and 1970, No. 17.

14265/73—Price 5c 6/23.5.1973

 

“(7) Where prior to the making of an order referred to in sub-rule (1) or (2) a writ or other originating process has been issued out of a Registry and a defendant is entitled to enter an appearance in the Principal Registry, the appearance may, within the time limited by the writ, be entered by the defendant, or, if more than one, by any of them, at the Registry in Melbourne or, at his option, at the Principal Registry.”.

2. Order 70 is amended by inserting after Rule 24 the following new Rule:—

Late setting down of appeals or filing of transcript.

“24a. (1) When application is made to the Court or a Justice to set down an appeal which has not been set down within the time prescribed by Rule 15 or when application is made to list an appeal which has not been listed by reason of failure to lodge copies of the transcript within the time prescribed by Rule 24 or to lodge such copies out of time, such leave or such entry will be granted or made only upon production of satisfactory affidavit evidence of the reason for non-compliance with the appropriate Rule and payment by the applicant of a special fee of $20.00 which shall be additional to any other fee which may be payable and which shall not be recoverable from another party upon taxation of costs and upon such further conditions as to payment of costs and otherwise as the Court or Justice may impose.

“(2) For the purpose of this Rule ‘appeal’ includes any matter to be argued before a Full Court other than an application under Rule 2 or a demurrer.”.

G. E. BARWICK C.J.

EDWARD A. McTIERNAN J.

DOUGLAS I. MENZIES J.

C. A. WALSH J.

H. T. GIBBS J.

NINIAN STEPHEN J.

A. F. MASON J.

(L.S.)

N. Gamble

Principal Registrar

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