EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 387
Issued by the authority of the Justices of the High Court of Australia
AMENDMENTS TO THE HIGH COURT RULES
1. Order 45 r. 10(2) and Order 63 r. 6(1)
The amendments are as a consequence of Section 7 of the Judiciary Amendment Act (No. 2) 1984 which established “an Australian Government Solicitor” in place of the “Crown Solicitor for the Commonwealth”.
2. Order 55 r. 8
The amendments to rule 8 are to facilitate a degree of uniformity in the reporting of decisions of the Court. At present, prerogative writ proceedings are entitled in a different manner in the various law reports which report decisions of the Court. The Commonwealth Law Reports (CLR) continue to use the traditional (before 1970) title “The Queen v. X; Ex parte Y”, whilst the Australian Law Journal Reports (ALJR), and the Australian Law Reports (ALR) have adopted an abbreviated form “Re X: Ex parte Y”.
The abbreviated form is regarded as sufficiently descriptive for the purpose of the Daily Court List, or when the case is being called on for hearing, or when the decision is being reported.
A full description of proceedings has been retained in a modified form to enable the Court to ascertain the kind of writ that is being sought and the full names of all the persons, Courts or other bodies to whom it is proposed a writ be directed.
3. Order 70 r. 9, r.10 and r.12
The amendments remove the requirement for the lodging of security for costs on the institution of an appeal from State Courts and also the provision of an automatic stay of proceedings on payment of the security.
The right of a respondent to apply to the Court, or a Justice, for an appellant to give security for costs is retained in the new sub-rule 10(1).
Although the automatic stay obtained by an appellant upon the payment of security for costs has been removed, an appellant may apply to the Court, or a Justice, for a stay of proceedings either before the hearing of a special leave application or the hearing of an appeal.
The new sub-rules (1) and (2), of rule 12, make it clear that the filing of an application for special leave to appeal, or a notice of appeal, does not operate as a stay of proceedings.
4. Order 71 r. 19
The amendment provides a procedure whereby a taxing officer may refer an important question of law or procedure, which may arise during a taxation of costs, to a Justice.