HIGH COURT (2023 SITTINGS) RULES 2022
17 AUGUST 2022
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 2023. 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.
Consultation
As in previous years, no consultation was necessary in relation to the appointment of the High Court sitting dates for 2023. The Rule does not substantially alter long-standing arrangements.
Statement of compatibility
Section 9 of the Legislative Instruments Act 2003 provides that Rules of Court made for the High Court of Australia are not legislative instruments for the purposes of that Act. The Human Rights (Parliamentary Scrutiny) Act 2011 therefore does not apply to any such Rules of Court and no statement of compatibility for the purposes of that latter Act is included in the Explanatory Statement.
Overview
The High Court (2023 Sittings) Rules 2022, enacted on 17 August 2022, provide for the appointment of the places and dates for the sittings of the Full Court of the High Court of Australia for the year 2023. These rules were made by the Justices of the High Court under the authority granted by section 86 of the Judiciary Act 1903. The rules specify that the primary location for Full Court sittings in 2023 will be Canberra, with additional sittings to be held in Adelaide, Brisbane, Darwin, Hobart, and Perth as required and practicable. This legislative measure ensures that the scheduling of court sittings remains consistent with established practices, while also allowing for flexibility in accommodating urgent matters. The rules aim to facilitate efficient judicial administration by maintaining a predictable schedule for court appearances, thereby supporting the timely resolution of legal issues before the nation's highest court.
Scope and Application
The High Court (2023 Sittings) Rules 2022, as outlined in the Explanatory Statement, govern the scheduling of sittings for the Full Court of the High Court of Australia for the year 2023. These Rules are formulated by the Justices under the authority granted by section 86 of the Judiciary Act 1903, ensuring the appointed sittings are compliant with established legal frameworks. The Rules designate the primary location for Full Court sittings as Canberra, with additional sittings potentially occurring in Adelaide, Brisbane, Darwin, Hobart, and Perth, depending on the needs and practicality of the Court. These arrangements aim to maintain the efficiency and accessibility of the High Court, facilitating the administration of justice across various regions. Furthermore, the Rules provide flexibility for the Chief Justice to schedule extra sittings as necessary, particularly for urgent matters, in accordance with Rule 6.04.2 of the High Court Rules 2004. This systematic approach to scheduling ensures the High Court can effectively meet its judicial responsibilities throughout the country.
Key Provisions
The main operative sections of the High Court (2023 Sittings) Rules 2022 (F2022L01101) pertain to the scheduling of the Full Court sittings of the High Court of Australia for the year 2023. Specifically, section 3 of the Rules sets out the dates and locations for these sittings, which are to be held in Canberra as well as other specified locations such as Adelaide, Brisbane, Darwin, Hobart, and Perth. Furthermore, section 4 of the Rules allows for the possibility of additional sittings on other days, particularly if there is a need for expediting certain matters. The Rules are formulated under the authority granted by section 86 of the Judiciary Act 1903, and the Chief Justice has the responsibility of appointing these additional sittings, pursuant to Rule 6.04.2 of the High Court Rules 2004.
The obligations and requirements imposed by the Act are primarily administrative and logistical. The Justices of the High Court, through the Chief Justice, are tasked with determining the precise dates and locations for the Full Court sittings for the year 2023. This includes the possibility of scheduling additional sittings in other locations if necessary, particularly for cases that require urgent attention. The Justices must ensure that these sittings are scheduled in a manner that is practical and feasible, taking into account the need for the Court to function efficiently and effectively across various locations.
In terms of offences, penalties, or consequences for breach, the Explanatory Statement clarifies that the High Court Rules of Court are not subject to the Human Rights (Parliamentary Scrutiny) Act 2011, and therefore, no statement of compatibility is required. The Rules themselves do not outline specific penalties for non-compliance with the sitting dates or locations. However, any failure to adhere to these schedules could potentially impact the administration of justice and the efficiency of the Court's operations. The practical implications of such non-compliance would likely be addressed internally by the Court, rather than through formal penalties or legal consequences.