Statutory Rules
1978 No. 10
RULES UNDER THE JUDICIARY ACT 1903*
We, Justices of the High Court of Australia, hereby make the following Rules of Court under the Judiciary Act 1903.
Dated this seventeenth day of January 1978.
| G. E. BARWICK C.J. |
| A. F. MASON J. |
(L.S.) | K. S. JACOBS J. |
| K. A. AICKIN J. |
| Justices of the High Court of Australia |
L. B. FOLEY
Principal Registrar
AMENDMENTS OF THE HIGH COURT RULES†
Commencement
1. These Rules shall come into operation on 1 February 1978.
Fees
2. Rule 8 of Order 72 of the High Court Rules is amended by omitting sub-rule (2).
Third Schedule
3. The High Court Rules are amended by omitting the Third Schedule and substituting the following Schedule:
* Notified in the Commonwealth of Australia Gazette on 24 January 1978.
† Statutory Rules 1952, No. 23 as amended by Statutory Rules 1933, Nos. 1 and 46; 1954, No. 102; 1955, Nos. 25 and 34; 1959, No. 107; 1960, Nos. 19 and 94; 1961, Nos. 19 and 89; 1968. No. 4; 1970, No. 17; 1973, Nos. 94 and 305; 1976, No. 44; and 1977, No. 41.
THIRD SCHEDULE 0.72,r.8
FEES AND CHARGES
1. On— | $ |
(a) an application under rule 1 of Order 55; or | |
(b) commencing a proceeding by writ of summons, notice of motion, petition or notice of appeal | 25.00 |
2. On entering an appearance to a proceeding—if 2 or more persons are all represented by the same solicitor and all enter an appearance in the same document, for those persons or, in any other case, for each person | 10.00 |
3. On issuing a summons to extend time before proceedings are commenced... | 10.00 |
4. On entering for hearing before a Justice or the Full Court an action, appeal, special case, written case, order nisi or application for order absolute | 40.00 |
5. On entering for hearing before a Justice or the Full Court an objection to the competency of an appeal | 15.00 |
6. Reasons for judgment given by a Justice or the Full Court in a proceeding—for each copy issued to a person not party to the proceeding and for each copy in excess of one copy issued to the party to the proceeding— Per set of reasons not exceeding 13 pages....................... | 2.00 |
| |
Per page of a set of reasons exceeding 13 pages but not exceeding 100 pages | 0.15 |
| |
Per set of reasons exceeding 100 pages......................... | 15.00 |
7. For a warrant to arrest a ship................................. | 10.00 |
8. For a search in a register, index, file or calendar and inspection of documents (other than a search for or inspection of documents, filed in relation to a proceeding, by or on behalf of a party to that proceeding)— Per hour or part of an hour.................................. | 2.00 |
9. For an office copy of a record of the Court or of a document filed in a Registry— If in the English language, per page........................... | 0.50 |
If in a foreign language, the actual cost of making and examining the copy and, in addition, for marking and sealing the copy as an office copy | 5.00 |
10. On obtaining an appointment for taxation of a bill of costs............. | 10.00 |
11. For taxing a bill of costs—for every 4 dollars or part of 4 dollars of the amount found due upon taxation | 0.30 |
12. On obtaining an appointment to settle the index of a transcript for use upon hearing of an appeal | 20.00 |
13. On sealing and filing an order of a Justice or the Court in respect of which no fee is otherwise payable, not being an order relating to a matter in respect of which a fee has been paid under item 1, 2, 3, 4 or 5 or an order relating to an interlocutory proceeding in relation to such a matter | 10.00 |
14. For a certificate of the Registrar, other than a certificate of taxation....... | 10.00 |
15. In the offices of the Marshal or Deputy Marshal—the same fees as are required to be taken by the Sheriff, in respect of a like proceeding in an action in a case pending in a Supreme Court of a State or Territory in which the proceeding is taken or the act is done or authorized, by the practice of that Supreme Court. | |
Overview
Statutory Rules 1978 No. 10, made under the Judiciary Act 1903, outlines amendments to the High Court Rules, primarily addressing the issue of procedural fees within the High Court of Australia. Enacted by the High Court of Australia, the rules were intended to streamline and standardise the fees associated with various court processes to ensure consistency and clarity in court administration. The policy objective behind these amendments was to provide a transparent and structured fee regime, facilitating ease of access to the court's services and ensuring that all parties are clearly informed of the costs involved in various legal proceedings.
Scope and Application
Statutory Rules 1978 No. 10 under the Judiciary Act 1903 outlines the Rules of Court made by the Justices of the High Court of Australia, effective from 1 February 1978. These rules apply to the High Court of Australia, setting forth the fees and charges associated with various court processes and services. The scope encompasses a range of legal actions, including applications, proceedings, hearings, and administrative tasks within the High Court. The fees vary according to the type of application, appearance, hearing, or document service, such as entering an appearance, entering for hearing, issuing a summons, and obtaining office copies or certificates. The application of these rules is confined to the High Court of Australia, and they do not extend to other courts or tribunals within the Australian jurisdiction. The rules do not explicitly state any exclusions or exemptions, but they do specify different rates based on the nature and volume of services requested. The rules are comprehensive in their detailing of the fees, and any further elaboration or exceptions would be addressed in subordinate instruments or specific court guidelines.
Key Provisions
The statutory rules outlined in Statutory Rules 1978 No. 10, made under the Judiciary Act 1903, primarily involve amendments to the High Court Rules, particularly concerning fees and charges. These rules came into operation on 1 February 1978, as specified in section 1. The amendments affect various aspects of court proceedings, including the removal of sub-rule (2) of Rule 8 in Order 72 of the High Court Rules (section 2) and the replacement of the Third Schedule of the High Court Rules (section 3). The new Third Schedule details specific fees for various court-related activities.
Under the new provisions, different fees apply for various actions and proceedings. For example, Rule 8(1)(a) and (b) set a fee of $25.00 for applications under Rule 1 of Order 55 and for initiating proceedings via writ of summons, notice of motion, petition, or notice of appeal. Rule 8(2) imposes a fee of $10.00 for entering an appearance in a proceeding, with a reduced fee for multiple parties represented by the same solicitor. Other fees include $10.00 for issuing a summons to extend time before proceedings commence (Rule 8(3)), $40.00 for entering for hearing before a Justice or the Full Court an action, appeal, or special case (Rule 8(4)), and $15.00 for an objection to the competency of an appeal (Rule 8(5)). There are also fees for reasons for judgment (Rule 8(6)), warrants to arrest a ship (Rule 8(7)), searches in registers and inspection of documents (Rule 8(8)), office copies of records or documents (Rule 8(9)), appointments for taxation of a bill of costs (Rule 8(10)), taxing a bill of costs (Rule 8(11)), settling the index of a transcript for appeal (Rule 8(12)), sealing and filing orders (Rule 8(13)), and certificates of the Registrar (Rule 8(14)).
The amendments impose clear financial obligations on parties and entities involved in court proceedings. Each action, from filing an application to obtaining a warrant, is accompanied by a specific fee that must be paid. These fees cover a range of activities, including administrative tasks such as entering an appearance, issuing summonses, and obtaining certified documents. Parties must ensure they comply with these fee requirements to proceed with their cases. Failure to pay the required fees may result in delays or inability to progress with court proceedings.
Breach of the fee provisions, or failure to comply with the financial obligations outlined in the statutory rules, could lead to procedural penalties. Although the specific penalties for non-compliance are not detailed in the statutory rules themselves, general legal principles would apply. This could include court orders for payment of the outstanding fees, fines, or other sanctions as deemed appropriate by the court. Additionally, persistent non-compliance could potentially impact a party’s standing or credibility in legal proceedings.