HIGH COURT (2026 SITTINGS) RULES 2025
17 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 2026. 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 2026. 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 (2026 Sittings) Rules 2025, enacted on 17 June 2024, detail the Full Court sittings of the High Court of Australia for the year 2026. This legislation was introduced to formally establish the dates and locations of these sittings, as mandated by the rule-making power provided under section 86 of the Judiciary Act 1903. The High Court Justices are responsible for these appointments, and they are intended to maintain continuity with established practices, ensuring that the court’s proceedings are organised and predictable. The locations for the sittings are primarily Canberra, with additional potential sites including Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth, and Sydney, with the flexibility to include further locations as required, particularly for expedited matters. The Rules do not require public consultation as they align with long-standing arrangements, reflecting the efficient administration of the High Court’s judicial business.
Scope and Application
The High Court (2026 Sittings) Rules 2025 applies to the Full Court of the High Court of Australia, specifically to the scheduling of its sittings for the year 2026. This legislation, enacted under the authority granted by section 86 of the Judiciary Act 1903, is designed to ensure that the Full Court has designated periods in which it can convene to hear cases. The Rules are made by the Justices of the High Court and apply nationally, with sittings planned in major cities including Canberra, Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth, and Sydney. The primary purpose of these Rules is to provide a formal structure for the scheduling of court sessions, which are essential for the administration of justice at the highest level in Australia. The Rules do not apply to any specific persons, entities, or transactions, but rather to the operational framework of the High Court itself. There are no exclusions, exemptions, or thresholds specified in these Rules; they apply uniformly to all cases requiring the attention of the Full Court. Additionally, the Rules may be supplemented by subordinate instruments, which could further detail specific procedures or requirements for these sittings, although no such instruments are mentioned in the provided text.
Key Provisions
The main operative sections of the High Court (2026 Sittings) Rules 2025 (F2025L00706) are those that detail the appointment of the Full Court sittings for the year 2026. Section 1 of the Rules specifies the dates and locations for the Full Court sittings, which are primarily held in Canberra, but can also be held in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth, or Sydney. Additional sittings may be appointed as necessary, particularly for matters requiring urgency, with such appointments being made by the Chief Justice under Rule 6.04.2 of the High Court Rules 2004.
These Rules impose specific obligations on the Justices of the High Court, particularly the Chief Justice, to ensure that the Full Court sittings are scheduled as per the provisions of the Rules. The Chief Justice has the responsibility to appoint any additional sittings required, especially when matters necessitate a more expeditious resolution. The Justices must adhere to the outlined locations and dates, maintaining consistency with established practices and ensuring that the Court's operations run smoothly throughout the year.
Breaches of these Rules could potentially lead to significant consequences, although specific offences, penalties, or consequences are not explicitly detailed within the Rules themselves. However, the failure to comply with the appointed sitting dates and locations could undermine the Court's operational efficiency and potentially affect the timely administration of justice. While the Rules do not outline specific penalties, any procedural irregularities or non-compliance might be subject to review under the broader framework of the High Court Rules 2004 or other relevant judicial protocols.