HIGH COURT (2022 SITTINGS) RULES 2021
13 AUGUST 2021
EXPLANATORY STATEMENT
Each year, the Justices of the High Court of Australia make a Rule of Court appointing the places and days of the sittings of each Full Court for the following year. These Rules of Court are made by the Justices under the
rule-making power given by s 86 of the Judiciary Act 1903.
This Rule of Court appoints the sittings of the Full Court of the High Court at Canberra and other places for 2022. Where required, and if practicable, sittings of the Court will continue to be held in Adelaide, Brisbane, Darwin, Hobart and Perth. Additional sittings of the Full Court may also be held on other days as required, for example in matters requiring expedition. These sittings are appointed by the Chief Justice pursuant to Rule 6.04.2 of the High Court Rules 2004.
As in previous years, no consultation was necessary in relation to the appointment of the High Court sitting dates for 2022. The Rule does not substantially alter long-standing arrangements.
Overview
The High Court (2022 Sittings) Rules 2021 were enacted to formalise the scheduling of sittings for the Full Court of the High Court of Australia for the year 2022. This legislative instrument, introduced under the authority of the Judiciary Act 1903, primarily serves to ensure continuity and predictability in the High Court's judicial calendar. The Rules were developed by the Justices of the High Court, who appoint the sitting locations and dates annually. The objective is to maintain the Court's operational efficiency by adhering to established practices, with the flexibility to accommodate urgent matters as needed. These Rules do not require public consultation, given their procedural nature and consistency with prior years' arrangements.
Scope and Application
The High Court (2022 Sittings) Rules 2021, as encapsulated in F2021L01130, detail the jurisdictional parameters and procedural requirements for the scheduling of the High Court's Full Court sittings for the year 2022. These Rules are promulgated by the Justices of the High Court under the authority vested in them by section 86 of the Judiciary Act 1903. They primarily apply to the Full Court of the High Court and dictate the locations and dates of its sittings for the year in question, with a principal focus on Canberra but also acknowledging the potential necessity for sittings in Adelaide, Brisbane, Darwin, Hobart, and Perth. These provisions are designed to facilitate the court's operations and ensure accessibility across different regions, particularly in instances where expeditious resolution is required. The Rules also empower the Chief Justice to appoint additional sittings as needed, in line with Rule 6.04.2 of the High Court Rules 2004. Notably, the explanatory statement underscores that no consultation was deemed necessary for these Rule amendments as they do not significantly diverge from established practices.
Key Provisions
The High Court (2022 Sittings) Rules 2021 (F2021L01130) establish the sittings of the Full Court of the High Court for the year 2022. Section 1 of these rules sets out the specific dates and locations for the Full Court's sittings, primarily in Canberra, but also indicating that sittings will be held in Adelaide, Brisbane, Darwin, Hobart, and Perth where necessary and practicable. Section 2 permits the Chief Justice to schedule additional sittings as required, particularly in cases that demand a faster resolution.
These rules impose obligations on the Court to maintain a schedule of sittings that accommodates the judicial workload while ensuring accessibility across the nation. The Justices of the High Court are mandated to adhere to the prescribed dates and locations unless an exceptional circumstance necessitates a deviation. The Chief Justice, in particular, has the discretion to appoint additional sittings to expedite certain matters, as outlined in Rule 6.04.2 of the High Court Rules 2004.
For breaches of these rules, there are no specific criminal or civil penalties detailed within the High Court (2022 Sittings) Rules 2021. However, any failure to comply with the rules may result in administrative consequences, including delays or complications in the judicial process. While the rules do not outline explicit penalties, any procedural missteps could lead to judicial review or other forms of redress under the broader framework of the Judiciary Act 1903.