High Court Amendment Rules 2012 (No. 1)1
Select Legislative Instrument 2012 No. 96
We, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903, Commonwealth Electoral Act 1918, Nauru (High Court Appeals) Act 1976 and High Court of Australia Act 1979.
Dated 31 May 2012
R. S. FRENCH
W. M. C. GUMMOW
K. M. HAYNE
J. D. HEYDON
S. M. CRENNAN
S. M. KIEFEL
V. M. BELL
Justices of the
High Court of Australia
A. M. Phelan
Chief Executive and
1 Name of Rules
These Rules are the High Court Amendment Rules 2012 (No. 1).
These Rules commence on 1 July 2012.
3 Amendment of High Court Rules 2004
Schedule 1 amends the High Court Rules 2004.
Schedule 1 Amendments
 Rule 25.13
after first mention of
should not issue
 Rule 42.13.16
 Rule 44.02.1
 Rule 44.05.2
 After rule 44.05.4
44.05.5 Written submissions in reply must be in Form 27E.
 Rule 44.06, heading
44.06 Annotated form of written submissions and chronology
 Rule 44.06.1
 Chapter 4, after Part 44
Part 45 Judiciary Act 1903—section 78B notice in appeals or applications for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal
45.01 Filing notice
45.01.1 This rule applies to an appeal or an application for leave or special leave to appeal, referred to an enlarged Court for hearing as if on appeal, pending in the Court.
45.01.2 If a proceeding mentioned in rule 45.01.1 involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903, the party or intervener who raises the matter must file a notice of a constitutional matter in the office of the Registry in which the matter is pending.
45.01.3 The notice of a constitutional matter must be in Form 1.
45.02 Serving notice
The party or intervener who raises the constitutional matter, or any other party as the Court or a Justice may direct, must:
(a) file notice of a constitutional matter; and
(b) serve a copy of the notice on every other party and on the Attorneys‑General of the Commonwealth, the States, the Northern Territory and the Australian Capital Territory:
(i) if the matter arises in the notice of appeal—within 21 days after the notice of appeal is filed; or
(ii) if the matter arises in the application for leave or special leave to appeal—within 35 days after the application is referred to an enlarged Court; or
(iii) if the matter arises in a notice of cross-appeal or a notice of contention—within 7 days after the notice of cross-appeal or notice of contention is filed; or
(iv) otherwise—within the time that the Court or a Justice directs.
45.03 Affidavit of service and provision of documents
The party or intervener who serves notice of the constitutional matter:
(a) must file an affidavit of service of the notice of the constitutional matter, proving compliance with rule 45.02, within 2 days after service and not later than 2 days before the date appointed for the hearing of the appeal or application; and
(b) must, on request, and as soon as reasonably practicable, supply to any person giving notice of intention to intervene or seek leave to intervene or appear, 2 copies of all relevant documents and books filed in the appeal or application.
 Schedule 1, table
Notice of a constitutional matter
Notice of appearance
Subpoena to give evidence
Subpoena to give evidence and produce documents
Application for an order to show cause
Writ of certiorari
Writ of mandamus
Writ of habeas corpus
Writ of prohibition
Application for removal
Applicant’s summary of argument
Respondent’s summary of argument
Writ of summons
Application for leave or special leave to appeal
Notice of appeal
Notice of discontinuance
Notice of cross‑appeal
Notice of contention
Bill of costs
Certificate of taxation
 Schedule 1, Form 12
 Schedule 1, Form 27A, after Part VIII
Part IX: [An estimate of the number of hours required for the presentation of the appellant’s oral argument.]
 Schedule 1, Form 27C, after Part V
Part VI: [An estimate of the number of hours required for the presentation of the intervener’s oral argument.]
 Schedule 1, Form 27D, after Part VII
Part VIII: [An estimate of the number of hours required for the presentation of the respondent’s oral argument.]
 Schedule 1, after Form 27D
Form 27E Appellant’s Reply
IN THE HIGH COURT OF AUSTRALIA No. of 20—
[ ] REGISTRY
Part I: [Certification that the reply or the redacted version of the reply (as the case requires) is in a form suitable for publication on the Internet.]
Part II: [A concise reply to the argument of the respondent.]
Dated: [e.g., 6 October 2003]
[Senior legal practitioner
presenting the case in Court,
or appellant if unrepresented]
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.