STATUTORY RULES.
1941. No. 122.
HIGH COURT OF AUSTRALIA.
Rule of Court.*
As of Tuesday the sixth day of May, 1941.
PURSUANT to the Judiciary Act 1903-1940 and the High Court Procedure Act 1903-1937 and to all other powers thereunto enabling it is ordered as follows:—
Order LVII is amended by adding at the end thereof the following rule:—
15. Subject to the provisions of Orders XXI and XXVIII, moneys or funds in Court or paid into or lodged in Court shall be governed by the following rules:—
(a) Every order which directs funds to be paid into or lodged in Court shall direct the credit to which the funds are to be placed.
(b) Every order which directs funds in Court to be paid, sold, transferred, delivered, or carried over to any other credit than that to which the same are standing or be otherwise dealt with shall state the particulars of the payment or other operation to be carried out.
(c) All funds lodged in Court under any order shall be paid into the Commonwealth Bank of Australia to the credit of an account, High Court of Australia Suitors’ Fund.
(d) No funds so lodged with the Bank shall be withdrawn or paid from the Bank otherwise than under the authority or order of the Court or a Justice, Provided That the Bank may make payments under orders signed by the Principal Registrar or a District Registrar and countersigned by an officer or person nominated by one of the Law Officers of the Crown without inquiry whether any such order has been made.
(e) The Court or a Justice may direct that any funds lodged or to be lodged into Court under any order shall be deposited at interest in the said Bank or invested at interest in Stock or securities of the Government of the Commonwealth of Australia in the name of the Principal Registrar or of one of the District Registrars and an officer nominated by one of the Law Officers of the Crown.
(f) The Court or a Justice may also direct how and in what manner and in what amounts and to what accounts such interest shall be credited.
(g) “Funds” in this rule means any money, Government Stock, bonds or securities or any other investments of money.
G. E. RICH A.C.J.
H. E. STARKE J.
EDWARD A. McTIERNAN J.
DUDLEY WILLIAMS J.
J. G. Hardman, Principal Registrar.
* Notified in the Commonwealth Gazette on 29th May, 1941
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3116.—Price 3d.
Overview
The Statutory Rules 1941 No. 122, issued under the authority of the Judiciary Act 1903-1940 and the High Court Procedure Act 1903-1937, was enacted to provide a clear framework for the management of funds within the High Court of Australia. This legislative instrument was introduced to address the need for specific rules governing the handling of moneys and funds in Court, particularly those paid into or lodged in Court, to ensure orderly and secure financial transactions within the judicial system. The rules were approved by the High Court judges and the Principal Registrar, and they aim to provide a structured approach to the crediting, payment, and investment of funds in accordance with the law, while also safeguarding the interests of the parties involved.
The enactment of these rules by the High Court of Australia under the authority of the relevant Acts aims to streamline the management of financial matters within the Court, thereby enhancing transparency and accountability in the handling of monetary assets. These rules were published in the Commonwealth Gazette on 29th May 1941, and they underscore the Court’s commitment to maintaining a well-ordered and efficient judicial process, particularly in financial administration.
Scope and Application
The High Court of Australia Rules, specifically Rule 15 under Order LVII, governs the handling of moneys or funds in the Court, including those paid into or lodged within the Court, as amended by the Statutory Rules of 1941 No. 122. This rule applies to any monetary funds or investments, such as Government Stock, bonds, or securities, deposited into the Court. The rule mandates that any order directing funds to be paid into the Court must specify the credit account, and any order directing the payment, sale, transfer, delivery, or carrying over of funds must detail the operation. Funds must be lodged in the Commonwealth Bank of Australia under the High Court of Australia Suitors’ Fund, with withdrawals only permissible under Court or Justice authority or order. The Court or a Justice can also direct interest-bearing deposits or investments in Commonwealth Government Stock or securities, with further instructions on interest crediting. This rule applies nationally and is subject to modifications through subordinate instruments as deemed necessary by the Court or Justice.
Key Provisions
The legislative instrument, Statutory Rules 1941 No. 122, pertains to the High Court of Australia and amends Order LVII by adding a new rule (15) concerning the management of moneys or funds in Court. Rule 15(a) mandates that any order directing funds to be paid into or lodged in Court must specify the credit to which the funds are to be placed. Rule 15(b) requires that any order directing the payment, sale, transfer, delivery, or carrying over of funds in Court to another credit must detail the particulars of the operation to be carried out. Rule 15(c) stipulates that all funds lodged in Court must be paid into the Commonwealth Bank of Australia to the credit of the High Court of Australia Suitors’ Fund.
The obligations and requirements imposed by these provisions ensure that the handling of funds within the Court is transparent and accountable. For instance, Rule 15(a) ensures that the recipient of the funds is clearly identified, while Rule 15(b) ensures that any movement of funds is meticulously recorded. Additionally, Rule 15(c) mandates the use of a specific bank account for these funds, thereby providing a centralised and secure repository. The Court or a Justice has the authority to direct the interest earned on these funds to be deposited or invested, as outlined in Rule 15(d) and Rule 15(e), ensuring that the funds are managed in a manner that may generate additional revenue.
In terms of consequences for breach, the legislative instrument does not explicitly state any offences, penalties, or civil/criminal consequences. However, the stringent requirements and the specific procedures outlined in Rule 15 suggest that non-compliance could result in significant legal ramifications, including potential actions by the Court for mismanagement or unauthorized handling of funds. Given the critical nature of financial management within the Court, adherence to these provisions is paramount to avoid any potential legal or administrative repercussions.