High Court Rules (Amendment)

Legislation au C2004L02317 CourtRules Not in force Legislative Instrument

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JUDICIARY.

 

HIGH COURT RULES.

 

Statutory Rules 1954, No. 102.(a)

 

(As of Wednesday the twenty-second day of September, 1954.)

PURSUANT to the Judiciary Act 1903-1950 and to all other powers thereunto enabling, it is ordered as follows:—

That the High Court Rules, being Statutory Rules 1952, No. 23, made as of Saturday the twelfth day of April, 1952, as amended by Statutory Rules 1953, No. 1, made as of Tuesday the sixteenth day of December, 1952, and by Statutory Rules 1953, No. 48, made as of Thursday the thirtieth day of April, 1953, be further amended in the manner hereinafter appearing, that is to say:—

Office Seal.

1. Rule 3 of Order 58 is amended by omitting from sub-rule (1.) the words after the words “Principal Registry,” and inserting in their stead the words “and in the case of any other Registry the name of the place where it is situated.”.

Taking of proceedings is vacation.

2. Rule 4 of Order 60 is amended by omitting paragraphs (l), (m) and (n) of sub-rule (3.) and inserting in their stead the following paragraphs:—

“(l) issuing and effecting execution;

(m) the filing and serving of a notice of appeal under Order 65 or Order 70, or of a notice of application for leave or special leave to appeal under Order 70; and

(n) the giving of security under rules 9 and 10 of Order 70.”.

3. Order 70 is amended—

(a) by repealing rule 2 and inserting in its stead the following rule:—

How applications for leave to appeal to be made.

“2.—(1.) Subject to the provisions of this rule an application for leave or special leave to appeal may be made ex parte, but if the applicant in any case thinks fit it may be made upon notice.

(2.) (a) If leave or special leave to appeal from a judgment other than a judgment of a court of a Territory is sought ex parte, then subject to Order 60 rule 6 the application shall be made not later than the first sitting day of the Court for which motions are in the paper occurring after twenty-one days from the date when the judgment was pronounced from which it is sought to appeal.

 

(a) Made under the Judiciary Act 1903-1950 on 22nd September, 1954; notified in the Gazette on 7th October, 1954.


(b) If leave or special leave to appeal from a judgment of a court of a Territory is sought ex parte, then subject to Order 60 rule 6 the application shall be made not later than the first sitting day of the Court for which motions are in the paper occurring after two months from the date when the judgment was pronounced from which it is sought to appeal.

(3.) The application shall be made upon notice—

(a) if the Court so directs; or

(b) if a party interested in maintaining the judgment from which it is sought to appeal gives notice in writing to the applicant that he desires to be heard in opposition to, or upon a question arising out of, an application for leave or special leave to appeal; or

(c) if the application is by a prisoner or accused person or by the Crown for leave or special leave to appeal from a judgment, order or sentence pronounced or made by the court of a State in the exercise of a jurisdiction by way of criminal appeal in respect of indictable offences or by the court of a Territory in the exercise of its jurisdiction over indictable offences.

(4.) (a) Notice of an application for leave or special leave to appeal may be for any day on which the Court ordinarily places motions in the paper at any place where a sitting is appointed to be held at that time, but the Court or a Justice may expedite the hearing of the application or fix any other time or place.

(b) Notice of an application for leave or special leave to appeal shall be filed in the Registry prescribed by rule 5 (1.) of this Order for the filing of a notice of appeal from the judgment in respect of which leave or special leave to appeal is sought and shall be served upon every party affected by the relief sought in the proposed appeal or interested in maintaining so much of the judgment as it is sought to appeal from In the case of an application pursuant to sub-rule (3.) (c), the notice shall be served upon the prisoner or accused person or the Crown as the case may be.

(c) Subject to Order 60, rules 4 and 6, notice of an application for leave or special leave to appeal shall be filed and served within twenty-one days after the date when the judgment was pronounced from which it is sought to appeal or, if the application is made pursuant to the direction of the Court under sub-rule (3.) (a) or pursuant to notice given by a party under sub-rule (3.) (b), within twenty-one days after the date when the direction or the notice was given.


(5.) An application for leave or special leave to appeal shall be made on affidavit stating the nature of the case, the questions involved and the reasons why the leave should be given.

(6.) An application for leave or special leave to appeal shall be made to a Full Court by counsel.

(7.) The provisions of Order 16 with respect to proceedings by poor persons apply, mutatis mutandis, to applications for leave or special leave to appeal, and to appeals.”; and

(b) by adding at the and thereof the following rule:—

Appeals in criminal cases from the Courts of Territories.

“33.—(1.) The Judge of a “court of a Territory before whom a person is convicted may in the case of an appeal against the conviction or sentence or in the case of an application for leave to appeal to this Court forward to the Registrar for the information of the Justices hearing the appeal or application a report (in triplicate) giving his opinion upon the case or upon any point arising in the case.

(2.) The Judge’s report shall not be available to the inspection of the parties or others except upon the direction of the Court or a Justice.”.

 

Overview

The High Court Rules, as amended by Statutory Rules 1954, No. 102, were enacted under the authority of the Judiciary Act 1903-1950 with the purpose of refining the procedural aspects of appeals to the High Court of Australia. These amendments were designed to address issues related to the timeliness and formality of appeals, ensuring that the process is both efficient and fair. The enacting body was the Parliament of Australia, with the amendments being made to clarify and streamline the application procedures for leave to appeal, particularly in the context of judgments from courts of Territories. The policy objective was to enhance the administration of justice by providing clearer guidelines for the initiation of appeals, thereby ensuring that the High Court's appellate jurisdiction is exercised effectively and consistently.

Scope and Application

The High Court Rules, as amended by Statutory Rules 1954, No. 102, pertain to the administration and procedural aspects of the High Court of Australia, providing detailed guidelines for the conduct of legal proceedings within the Court. These rules apply to the High Court itself and govern the actions of the Court's officers, the conduct of legal practitioners, and the procedural formalities of cases brought before the Court. They cover various aspects such as the taking of proceedings, the issuance and execution of documents, the filing and serving of notices, and the giving of security in appeals. The rules also specify timelines and processes for applications for leave to appeal, including provisions for ex parte applications and the circumstances under which notice must be given. The High Court Rules extend their application across the Commonwealth of Australia, providing a uniform set of procedures for the highest court in the Australian judicial system. Notably, the rules distinguish between appeals from judgments of federal courts and those from the courts of Australian territories, reflecting the unique jurisdictional considerations involved in such cases. While the High Court Rules set forth the primary procedural framework, their application and interpretation may be further elaborated through subordinate instruments, ensuring that the rules remain adaptable to the evolving needs of the legal system.

Key Provisions

The legislative instrument amends the High Court Rules by making several changes to the process for taking proceedings and filing appeals. The key operative sections include the amendment to Rule 3 of Order 58, which specifies that notices and documents should be filed at the Principal Registry or, for other registries, the registry where it is situated. Rule 4 of Order 60 is amended to clarify which actions are considered proceedings, including the issuing and effecting of execution, filing and serving of notices of appeal or application for leave to appeal, and giving security. Furthermore, Rule 2 of Order 70 is amended to detail the process for making applications for leave or special leave to appeal, including the timeframes for making ex parte applications and the requirement to make an application on affidavit. Rule 33 of Order 70 is added, establishing that a judge in a territory court may provide a report to the Justices hearing an appeal, though this report is not available for inspection by parties unless directed by the Court or a Justice. The obligations imposed by these provisions require parties to adhere to the specified timelines for filing notices of appeal and applications for leave or special leave to appeal. The changes also impose a requirement on applicants to make their applications on affidavit and to provide specific information about the case, the questions involved, and the reasons for seeking leave to appeal. Additionally, the amendments clarify that certain actions, such as issuing and effecting execution, are considered proceedings and thus subject to the rules governing the taking of proceedings. For breaches of these provisions, there are no explicit penalties stated in the legislative instrument. However, failure to comply with the rules regarding the timely filing of notices of appeal or applications for leave to appeal may result in the application being dismissed or the appeal not being heard. Similarly, failure to make an application on affidavit or to provide the required information may result in the application being refused. The rules governing the taking of proceedings may also have civil or criminal consequences if not adhered to, though the specific penalties would depend on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.