Explanatory Statement
High Court Amendment (Fees) Rules 2026
9 February 2026
These Amendment Rules of Court, signed by the Justices of the High Court of Australia on 9 February 2026, are made by the Justices under the Judiciary Act 1903, the Commonwealth Electoral Act 1918 and the High Court of Australia Act 1979.
Schedule 2 – Fees for work done and services performed
Schedule 2 of the High Court Rules 2004 specifies the amount which solicitors, who are entitled to practise in the High Court, may charge and be allowed on taxation of costs by the Taxing Officer of the Court in respect of proceedings in the Court. The amounts in the Schedule were last varied by the High Court Amendment (Fees and other Measures) Rules 2025 (F2025L00266) made on 28 February 2025 and apply to work done and services performed by solicitors after 1 March 2025.
The Joint Costs Advisory Committee (JCAC) was established in 2007 to review annually and recommend variations in the quantum of costs contained in the Rules made by the High Court of Australia, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia. It comprises representatives of those courts. In conducting its reviews, the JCAC applies a formula which has regard to movements in wages and salaries and other costs of solicitors’ practices.
The JCAC conducted its annual review in 2025, writing to the Commonwealth Attorney-General’s Department, the Law Council of Australia, the National Association of Community Legal Centres and National Legal Aid inviting them, and their respective constituent bodies or State and Territory counterparts, to make submissions to the review. A notice of the review was also placed on the website of each court. The JCAC received submissions from the Law Council of Australia. Following its review, the JCAC published its Eighteenth Report on Legal Practitioners’ Costs in November 2025. Issues raised in submissions received by the Committee were considered and addressed in the report.
In its report the JCAC recommended an increase of 2.9% to the solicitors’ costs provided for in the Rules of each Court. The High Court has accepted the recommendation of the Committee. The increases to the solicitors’ costs provided in Schedule 2 will take effect on 1 March 2026 and will apply in respect of all work done and services performed by solicitors on or after 1 March 2026.
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 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 Amendment (Fees) Rules 2026, signed by the Justices of the High Court of Australia on 9 February 2026, are made under the Judiciary Act 1903, the Commonwealth Electoral Act 1918, and the High Court of Australia Act 1979. These rules aim to adjust the fees for work done and services performed by solicitors in the High Court, reflecting the recommendations of the Joint Costs Advisory Committee (JCAC) which was established to review and recommend variations in the quantum of costs annually. The fees specified in Schedule 2 of the High Court Rules 2004, last updated by the High Court Amendment (Fees and other Measures) Rules 2025, will increase by 2.9% effective from 1 March 2026. The JCAC conducted its review in 2025, considering submissions from the Law Council of Australia and publishing its Eighteenth Report on Legal Practitioners’ Costs in November 2025, which the High Court has accepted. These amendments are designed to align the fees with movements in wages, salaries, and other costs of solicitors’ practices.
Scope and Application
The High Court Amendment (Fees) Rules 2026, signed by the Justices of the High Court of Australia on 9 February 2026, pertain to the fees charged by solicitors entitled to practice in the High Court for work done and services performed in proceedings before the Court. These amendment rules, made under the Judiciary Act 1903, the Commonwealth Electoral Act 1918 and the High Court of Australia Act 1979, adjust the costs that can be charged and allowed on taxation of costs by the Taxing Officer. The amendment rules follow a review conducted by the Joint Costs Advisory Committee (JCAC), which recommended a 2.9% increase in fees based on movements in wages, salaries, and other costs of solicitors' practices. These changes apply to all work and services performed by solicitors from 1 March 2026, updating the fees last varied by the High Court Amendment (Fees and Other Measures) Rules 2025. The High Court has accepted the JCAC's recommendations, ensuring the fees are reflective of current economic conditions.
Key Provisions
The High Court Amendment (Fees) Rules 2026 (Schedule 2) are designed to set out the fees that solicitors may charge for their services in the High Court of Australia. These fees apply to all work done and services performed by solicitors following the amendments, effective from 1 March 2026. The fees are subject to variations recommended by the Joint Costs Advisory Committee (JCAC) and accepted by the High Court. This schedule, which supersedes the previous fees updated by the High Court Amendment (Fees and other Measures) Rules 2025, ensures that the fees reflect changes in economic conditions and operational costs of legal practices. The JCAC’s recommendations are based on their annual review, which includes considering submissions from relevant bodies such as the Law Council of Australia, and are intended to keep the fees aligned with current economic indicators and cost of living adjustments.
The obligations under these rules primarily concern solicitors who are entitled to practise in the High Court of Australia. They must adhere to the new fee structure specified in Schedule 2 for any work done and services performed from 1 March 2026 onwards. This includes ensuring that the fees charged to clients are in line with the updated amounts and that any costs claimed are supported by the applicable rates. Additionally, the High Court’s acceptance of the JCAC's recommendations signifies that these fees are to be uniformly applied across all cases, maintaining consistency and fairness in the charging practices of solicitors.
There are no explicit offences or penalties mentioned in the Explanatory Statement for non-compliance with these fee amendments. However, solicitors who fail to adhere to the updated fee structure may face scrutiny during taxation of costs, potentially leading to disputes or claims from clients regarding the accuracy and fairness of the charges. Furthermore, the High Court retains the authority to review and enforce compliance with these rules, ensuring that all legal practitioners abide by the specified fee regulations. While the specific consequences for non-compliance are not detailed, it is implicit that failure to follow the amended fees could result in financial disputes or legal actions from clients who believe they have been overcharged.