EXPLANATORY STATEMENT
STATUTORY RULES 1982 No.77
Issued by the authority of the Justices of the High Court of Australia
AMENDMENT OF THE HIGH COURT RULES
Interest on judgments of the High Court prior to the proclamation of the High Court of Australia Act 1979 was provided for by section 26A of the High Court Procedure Act 1903.
Section 26A provided as follows:
(1) Every judgment debt, the entry of which is dated prior to the commencement of this section, shall carry interest at the rate of seven per centum per annum from the date as of which the judgment is so entered.
(2) Every judgment debt, the entry of which is dated as of the date of, or as of a date subsequent to, the commencement of this section, shall carry interest at the rate of five per centum per annum from the date as of which the judgment is so entered.
The High Court Procedure Act 1903 was repealed as from 21 April 1980 by section 3 of the High Court of Australia Act.
On 21 April 1980 section 77N of the Judiciary Act 1903 came into operation.
Section 77N provides:
“A judgment debt under a judgment of the High Court carries interest at such rate as is fixed by the rules of court, from the date as of which the judgment is entered.”
This rule of court provides that every judgment debt of the High Court entered prior to 21 April 1980 shall carry interest at the rate of five per centum per annum from the date of entry, whilst judgment debts entered as of 21 April 1980 or subsequent to that date shall carry interest at the rate of ten per centum per annum from the date as of which the judgment is entered.