EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 262
Issued by the authority of the Justices of the High Court of Australia
AMENDMENT OF THE HIGH COURT RULES
Order 26 of the High Court Rules embodies the practice relating to demurrers and objections to pleadings.
Rule 9 (3) provides that where an originating process was issued by an office of the Registry, the pleadings when closed are to be transmitted to the Registry of the Court unless a sitting of the Full Court was to take place within sixty days at the place where the office of the Registry is situated.
The seat of the Court is also the Registry, the reference then to the seat of the Court being located in a District Registry is superflous and accordingly the words “in a District Registry” are deleted.
Order 43 of the High Court Rules provides for the payment of interest on judgments.
Rule 1 is merely declaratory, stating as it does the rate of interest, namely five per centum per annum which was applicable under sub-section 26 A (2) of the High Court Procedure Act 1903.
Rule 2 provides a rate of interest of ten per centum per annum from the date on which the High Court Procedure Act was repealed; and Section 77 N of the Judiciary Act came into effect, namely 21st April 1980.
Section 77 N of the Judiciary Act provides that the rate of interest on judgment debts shall be fixed by rule of Court.
The rule of Court fixing the rate of interest at ten per centum per annum was made by the Court on 17th March 1982 and came into effect when it was notified in the Commonwealth of Australia Gazette on 31st March 1982.
The Senate Standing Committee on Regulations and Ordinances approached the Court suggesting an amendment which would fix the rate of interest applicable during the period between the repeal of the High Court Procedure Act 1903 and the making of a rule under Section 77 N of the Judiciary Act 1903 at the same rate of interest as existed under sub-section 26 A (2) of the High Court Procedure Act 1903.
The amendment proposed that five per centum per annum would have been the rate of interest which would have been expected by both judgment debtor and judgment creditor to be operating during the hiatus period in which no rate of interest had been fixed by rule of Court.
The Court has agreed to amend Order 43 A by substituting “31st of March 1982” for “21st of April 1982” in rules 1 and 2.
The effect of the amendment will be that every judgment debt made under a judgment of the High Court entered prior to 31st of March 1982 will now carry interest at the rate of five per centum per annum instead of ten per centum per annum.