EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 406
Issued by the authority of the Justices of the High Court of Australia
AMENDMENTS TO THE HIGH COURT RULES
Order 72 Rule 7 sub-rules 5 and 6 govern the investment of moneys or funds paid into Court.
Sub-rule 5 provides:
[Withdrawal] Funds so paid into the Bank shall not be withdrawn or paid from the Bank otherwise than under the authority or order of the Court or a Justice, but the Bank may make a payment under an order signed by the Principal Registrar or a District Registrar, and countersigned by an officer or person nominated by a Law Officer of the Commonwealth, without enquiry whether such an order has been made.
Sub-rule 6 provides:
[Investment] The Court or a Justice may direct that any funds paid or to be paid into Court under an order shall be deposited at interest in the Bank, or invested at interest in stock or securities of the Government of the Commonwealth, in the names of the Principal Registrar, or of one of the District Registrars, and a person nominated by a Law Officer of the Commonwealth.
The persons nominated by the Law Officer of the Commonwealth was, the person for the time being occupying the office or performing the duties of Official Receiver in each of the Bankruptcy Districts of New South Wales and the Australian Capital Territory, Victoria, Southern Queensland, South Australia, Western Australia, and Tasmania respectively.
These sub-rules were made many years ago at a time when the Attorney-General’s Department provided the administrative services which enabled the Court to function. However, with the passage of the High Court of Australia Act 1979 the Court assumed responsibility for the administration of its affairs. It is no longer convenient or appropriate that an officer of the Attorney-General’s Department should be required to be involved in the investment and withdrawal of funds paid into the Court.
The Marshal’s Branch is responsible for the accounting functions in the Court’s administration. It is therefore appropriate that the Marshal be the designated person to countersign for the purposes of Order 72 Rule 7 sub-rules 5 and 6.