HIGH COURT (2024 SITTINGS) RULES 2023
13 NOVEMBER 2023
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 2024. Where required, and if practicable, sittings of the Court will be held in Adelaide, Brisbane, Darwin, Hobart or 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 2024. The Rule does not substantially alter long-standing arrangements.
Statement of compatibility
Section 8 of the Legislation 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 (2024 Sittings) Rules 2023, enacted on 13 November 2023, were introduced to formally establish the sittings of the Full Court of the High Court of Australia for the year 2024. This legislative measure was made by the Justices of the High Court, utilising the rule-making power granted under section 86 of the Judiciary Act 1903. The primary purpose of these rules is to set the dates and locations for the Full Court's sittings, ensuring a structured approach to judicial proceedings for the coming year. The rules designate the primary sitting location in Canberra, with additional sittings planned in Adelaide, Brisbane, Darwin, Hobart, and Perth, as needed and practicable. Furthermore, the Chief Justice retains the authority to arrange additional sittings as required, particularly for matters demanding urgent attention, in line with Rule 6.04.2 of the High Court Rules 2004. The rules reflect a continuation of established practices without necessitating consultation, as they do not significantly alter existing arrangements.
Scope and Application
The High Court (2024 Sittings) Rules 2023 sets forth the schedule of sittings for the Full Court of the High Court of Australia for the year 2024, as determined by the Justices of the High Court under their authority granted by section 86 of the Judiciary Act 1903. These rules apply to the Full Court of the High Court, which consists of all seven Justices of the Court, and govern the dates and locations of its sittings throughout the country. The Full Court is expected to convene in Canberra, with additional sittings potentially taking place in Adelaide, Brisbane, Darwin, Hobart, or Perth, as needed and feasible. The Chief Justice has the authority to appoint these sittings in accordance with Rule 6.04.2 of the High Court Rules 2004, particularly in cases where expeditious handling is required. The legislation does not necessitate consultation as it follows established practices from previous years and does not significantly alter existing arrangements. Furthermore, these rules are not considered legislative instruments under section 8 of the Legislation Act 2003, and thus, the Human Rights (Parliamentary Scrutiny) Act 2011 does not apply, obviating the need for a statement of compatibility.
Key Provisions
The main operative sections of the High Court (2024 Sittings) Rules 2023 (F2023L01523) detail the appointment of the sittings of the Full Court of the High Court for the year 2024. Specifically, Section 1 of the Rules appoints the sittings of the Full Court of the High Court at Canberra, with additional sittings to be held in Adelaide, Brisbane, Darwin, Hobart, or Perth as required and practicable. These additional sittings are intended to facilitate matters that require expedition and are authorised under Section 6.04.2 of the High Court Rules 2004. The Chief Justice is empowered to appoint these additional sittings as necessary.
The obligations imposed on the parties and entities governed by these Rules are primarily procedural and administrative. The Justices of the High Court are responsible for appointing the sittings of the Full Court for the upcoming year, ensuring that the Court is available to hear cases in various locations as required. The Chief Justice has the authority to adjust these sittings to accommodate urgent matters, ensuring that the Court can operate efficiently and fairly. There is no consultation requirement for these appointments as the Rule maintains long-standing arrangements, reflecting a well-established practice.
Under the High Court (2024 Sittings) Rules 2023, there are no specified offences, penalties, or civil or criminal consequences for breaches. The Rules primarily serve to guide the administrative processes of the High Court, and compliance is expected through adherence to the prescribed procedures. The lack of penalties for non-compliance suggests that the Rules are designed to facilitate the smooth operation of the Court rather than enforce punitive measures. This approach underscores the importance of administrative efficiency and the orderly conduct of judicial business.