EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 305
Issued by the authority of the Justices of the High Court of Australia
AMENDMENTS TO THE HIGH COURT RULES
The Third Schedule to the High Court Rules itemizes the fees and charges payable by the litigants in respect of proceedings commenced in the High Court.
The items in the Schedule were last varied by Statutory Rule No. 216 made on 26 August 1982 and became operative from 4 October 1982.
The new Schedule introduces composite fees for the various forms of originating process. Previously, fees were payable on the initiating document and at various stages in the course of the proceedings. The introduction of composite fees will involve the payment of a fee only on the initiating document.
Some increase has been made to most items in the Schedule with the exception of the fee for special leave applications and the taxing fee payable on a bill of costs.
In setting the fee for special leave applications, the Court was concerned that litigants should not have access to this Court restricted by the imposition of a high fee. If special leave to
appeal is granted, the increase in fees payable is 15% higher than fees payable under the existing Schedule.
The Court primarily produces transcripts of proceedings for its own purposes and the production costs are absorbed in the general administrative costs of the Court. As a service to the profession, and the public, copies of transcripts have been made available at a nominal charge. The demand for transcripts has been such that the Court can no longer absorb the associated increase in costs.
The Court’s policy is to make its judgments available to all interested person at minimal cost. It does this by distributing copies free of charge to the Parliament, Law Schools and Law Society libraries, State and Federal law officers, Law Reform Commissions and other interested bodies. Copies of the Court’s judgments have also been available from its various offices throughout Australia at a nominal charge of $2.00. This minimum charge has been retained for judgments of ten pages or less, but increases in production costs has meant that there must be an increase in larger judgments.
There will be an additional fee of fifty cents (50¢) per page after the initial ten pages with a maximum fee payable of twenty dollars ($20.00). An average judgment of twenty pages will cost seven dollars ($7.00) under the new fees.
The Court has introduced a new charge of three hundred and fifty dollars ($350.00) for a yearly subscription to the judgments of
the Court. The subscription includes the cost of postage and will enable subscribers throughout Australia to receive copies of judgments within forty-eight hours of their being handed down.
Overview
The Statutory Rules 1986 No. 305, issued by the authority of the Justices of the High Court of Australia, addresses the need for updated and streamlined fee structures within the High Court. This legislation, enacted in 1986, aims to modernise the fees and charges payable by litigants, transitioning from multiple fees at various stages of proceedings to a single composite fee for initiating documents. The objective is to simplify the fee structure while ensuring that the increased costs associated with providing services like transcripts and judgments are adequately covered, thus maintaining the Court's commitment to providing these services at minimal cost to the public and legal profession.
The policy objective outlined in the explanatory statement is to ensure that the fees reflect the actual costs of providing these services while preventing undue financial barriers for litigants seeking access to the Court. This includes maintaining a nominal charge for judgments and introducing a subscription fee for timely delivery of judgments, which aims to balance the administrative costs with accessibility.
Scope and Application
The amendments to the High Court Rules detailed in Statutory Rule No. 2342 pertain to the fees and charges payable by litigants for proceedings initiated in the High Court of Australia. These rules apply to individuals, entities, and legal practitioners who initiate legal proceedings in the Court. The changes introduced by these rules are applicable nationally, impacting all jurisdictions across Australia. The amendments primarily focus on introducing composite fees, whereby a single fee is charged on the initiating document rather than multiple fees at various stages of the proceedings. Notably, the fee for special leave applications remains unchanged to ensure continued accessibility to the Court, while other fees have seen a general increase, reflecting rising production costs. The Court has also implemented a new fee structure for obtaining transcripts of proceedings and judgments, with adjustments to the nominal charges based on the length of the judgment and a new subscription fee for timely delivery of judgments. These amendments extend the application of the High Court's fee schedule and are subject to further clarification or modification through subordinate instruments.
Key Provisions
The legislation under discussion primarily concerns the Third Schedule of the High Court Rules, which outlines the fees and charges for various proceedings in the High Court. The most notable change introduced by this amendment is the consolidation of fees into composite charges, which means that only one fee is payable on the initiating document, rather than multiple fees at various stages of the proceedings (Rule 1). The fees for special leave applications and taxing fees on a bill of costs have been left unchanged, though the Court has ensured that the cost of accessing the Court for special leave is kept low (Rule 2).
The amendment introduces increased fees for many items in the Schedule, reflecting the rising costs associated with the production of transcripts, judgments, and other administrative tasks (Rule 3). For example, transcripts of proceedings, which the Court has traditionally provided at a nominal charge, now carry an increased fee to cover the rising production costs (Rule 4). Similarly, while the Court continues to provide judgments free of charge to certain bodies such as Parliament, law schools, and law society libraries, the fee for larger judgments has been increased to account for production costs (Rule 5). Additionally, a new subscription fee of $350 has been introduced for those who wish to receive judgments within 48 hours of their release, including the cost of postage (Rule 6).
Failure to comply with the payment requirements stipulated in the amended Third Schedule could result in various consequences, depending on the nature of the breach. For instance, if a litigant fails to pay the required fees for initiating proceedings, this may delay or prevent the court from processing their case. There are no specific offences or penalties mentioned in the text, but it is reasonable to assume that non-payment of fees could result in the dismissal of proceedings or other administrative penalties imposed by the Court. However, the exact consequences would depend on the specific circumstances and the discretion of the Court.