HIGH COURT (2025 SITTINGS) RULES 2024
11 JUNE 2024
EXPLANATORY STATEMENT
Each year, the Justices of the High Court of Australia make a Rule of Court appointing the Full Court sittings 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 for 2025. Sittings of the Full Court will be held in Canberra and may also be held in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth or Sydney. Additional sittings of the Full Court may be appointed as required, for example in matters requiring expedition. The Chief Justice appoints additional sittings 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 2025. 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 (2025 Sittings) Rules 2024 were enacted to formalise the scheduling of Full Court sittings for the High Court of Australia for the year 2025. This legislation, introduced under the authority granted by section 86 of the Judiciary Act 1903, ensures that the sittings for the following year are established in a timely manner, maintaining continuity with established practices. The High Court sittings for 2025 will be held in Canberra, with potential additional sittings in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth, or Sydney, as necessitated by the case load or other exigencies. The Chief Justice retains the discretion to appoint additional sittings, as outlined in Rule 6.04.2 of the High Court Rules 2004. The policy objective of this Act is to facilitate the efficient administration of justice by providing a predictable schedule for the Full Court's activities throughout the year, ensuring that the Court can address its caseload effectively and expediently.
Scope and Application
The High Court (2025 Sittings) Rules 2024 applies to the operational procedures of the Full Court of the High Court of Australia for the year 2025. These rules, established under the authority granted by section 86 of the Judiciary Act 1903, are instrumental in scheduling the sittings of the Full Court across various locations in Australia, including Canberra, Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth, and Sydney. The rules also allow for additional sittings to be appointed as necessary, particularly in matters requiring urgency, with the Chief Justice having the authority to make such appointments under Rule 6.04.2 of the High Court Rules 2004. These rules do not necessitate consultation as they adhere to established protocols. Furthermore, the rules are not subject to the Human Rights (Parliamentary Scrutiny) Act 2011, as per section 8 of the Legislation Act 2003, which exempts Rules of Court made for the High Court from scrutiny under that Act.
Key Provisions
The main operative sections of the High Court (2025 Sittings) Rules 2024 (F2024L00671) are concerned with the appointment of the sittings of the Full Court of the High Court for the year 2025. Section 1 sets out the dates and locations for the Full Court sittings, which will be held in Canberra, and potentially in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth or Sydney. Section 2 provides for the possibility of appointing additional sittings if required, such as in matters requiring expedition, with the Chief Justice making such appointments under Rule 6.04.2 of the High Court Rules 2004.
These provisions impose a clear set of obligations on the Justices of the High Court to ensure that the Full Court is available to hear cases throughout the year. By setting specific dates and locations, the Rules aim to provide certainty and predictability for parties involved in litigation before the High Court. The requirement for the Chief Justice to appoint additional sittings as needed ensures that urgent matters can be addressed promptly. These obligations are essential for maintaining the efficiency and effectiveness of the High Court's operations.
Failure to comply with the provisions of the High Court (2025 Sittings) Rules 2024 may result in civil or administrative consequences, although no specific offences or penalties are outlined in the Explanatory Statement. The Rules are designed to be procedural and administrative in nature, focusing on the scheduling and organisation of court sittings rather than on punitive measures. Therefore, the primary consequence of non-compliance would likely be administrative, such as the need to reschedule or reorganise court proceedings to accommodate the appointed sittings. The absence of specific penalties reflects the non-contentious nature of the Rules, which are intended to facilitate the orderly conduct of legal proceedings rather than to impose sanctions for breach.