High Court Amendment Rules 2006 (No. 2)1
Select Legislative Instrument 2006 No. 218
We, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903.
Dated 1 August 2006
A M GLEESON
W M C GUMMOW
M D KIRBY
K M HAYNE
I D F CALLINAN
J D HEYDON
S M CRENNAN
Justices of the
High Court of Australia
C M DOOGAN
Chief Executive and
Principal Registrar
1 Name of Rules
These Rules are the High Court Amendment Rules 2006 (No. 2).
2 Commencement
These Rules commence on 1 September 2006.
3 Amendment of High Court Rules 2004
Schedule 1 amends the High Court Rules 2004.
Schedule 1 Amendments
(rule 3)
[1] Rule 1.08.1 (c)
substitute
(c) with margins of at least 2.5 cm at the top, 2.5 cm at the bottom and 2.5 cm on each side of each sheet;
[2] Rule 9.03.1
substitute
9.03.1 Unless otherwise provided by or under an Act of the Parliament, personal service of a document may be effected on a body politic by serving the document on the Government Solicitor for that polity.
[3] Rule 25.03.1
substitute
25.03.1 The plaintiff shall give notice to a defendant of the hearing of an application for an order to show cause by serving on the defendant, by personal service in accordance with Part 9:
(a) the application;
(b) the affidavit or affidavits in support; and
(c) a summons which has been filed and made returnable before a Justice specifying the orders which the plaintiff will ask the Justice to make.
[4] After rule 25.03.5
insert
25.03.6 An application for an order to show cause may be discontinued in the same manner as a proceeding commenced by Writ of Summons.
25.03.7 Subject to any contrary order of the Court or a Justice, a plaintiff discontinuing an application for an order to show cause shall pay the costs of each defendant in respect of the application, and such costs shall be taxed, unless agreed.
[5] After rule 28.02.2
insert
28.02.3 A summons, other than a summons for directions issued pursuant to rule 27.06, shall be filed and served together with an affidavit in support of the application contained in the summons.
[6] Rule 41.09.2
substitute
41.09.2 The contents of the application book shall be all of the documents referred to in rule 41.01.2 together with:
(a) the application for leave or special leave;
(b) the draft notice of appeal;
(c) the parties’ summaries of argument (with any annexures) and reply;
(d) any affidavit filed under rule 41.02.2 explaining a failure to comply with rule 41.02.1; and
(e) any submitting appearance by a respondent.
[7] Rule 41.09.3 (c)
substitute
(c) documents in this Court, arranged in the following order:
(i) application for leave or special leave;
(ii) any affidavit filed pursuant to rule 41.02.2 explaining a failure to comply with rule 41.02.1;
(iii) draft notice of appeal;
(iv) applicant’s summary of argument (including any annexure);
(v) respondent’s summary of argument (including any annexure);
(vi) reply;
(vii) any submitting appearance by a respondent.
[8] Rule 41.10.3 (c)
substitute
(c) shall be filed within 28 days of the filing of the application, together with two additional copies of the written case, the draft notice of appeal and all of the documents filed by the applicant in accordance with rule 41.01.2.
[9] Rule 41.10.4
substitute
41.10.4 Where an unrepresented applicant does not file a written case and a draft notice of appeal within 28 days of the filing of the application, the application shall be deemed to be abandoned, unless, either before or after the expiration of that period, the Court or a Justice has otherwise ordered or directed.
[10] Rule 41.10.6
substitute
41.10.6 Where no direction has been given under rule 41.10.5, the Court or a Justice shall direct the applicant to serve a copy of the written case and the draft notice of appeal on the respondent and the provisions of these Rules relating to the filing and service of a summary of argument by the respondent and a reply by the applicant shall apply as if the applicant’s written case were that party’s summary of argument.
[11] Rule 42.13.6
substitute
42.13.6 The contents of the appeal book shall be printed with a 2.5 cm margin upon each side of each page and every tenth line numbered in the margin.
[12] Rule 57.01.1
substitute
57.01.1 A party filing a bill of costs for taxation may indorse on the bill a request that a Taxing Officer, in the absence of the parties and without making any determination of any individual item in the bill, make an estimate of the approximate amount of professional charges and disbursements that, in the opinion of the Taxing Officer, would be allowed if the bill of costs were taxed.
[13] Rule 57.01.2 (a)
omit
it; and
insert
it;
[14] Rule 57.01.2 (b)
omit
taxation.
insert
taxation; and
[15] After rule 57.01.2 (b)
insert
(c) the party filing the bill shall file an affidavit deposing to the time and manner of service of the bill and each of the documents referred to in rule 54.02.04 on each other party to the taxation.
[16] Rule 57.01.4 to 57.01.6
substitute
57.01.4 Unless, within 14 days of the Taxing Officer sending notice of the estimate made under rule 57.01.1:
(a) the party who has filed the bill gives notice that that party disputes the estimate and requires taxation of the bill; or
(b) a party interested files and serves on all other parties to the taxation a notice of objection under rule 57.02;
there shall be no taxation of the bill and a Certificate of Taxation shall be issued for the amount of the estimate.
57.01.5 Where a Taxing Officer has been asked to make an estimate under this rule, no notice of dispute or notice of objection may be filed:
(a) until after that estimate has been made; and
(b) unless the party seeking to file it shall first have paid into the High Court of Australia Suitors’ Fund the sum of $1 250 as security for the costs of the taxation.
57.01.6 Where a notice of dispute or notice of objection is filed in accordance with this rule, the Taxing Officer shall appoint a time and place for the taxation of the bill.
[17] Rules 57.02.2 and 57.02.3
substitute
57.02.2 A notice of objection pursuant to rule 57.02.1 shall:
(a) state each item to which the party objects;
(b) state concisely the grounds of objection;
(c) state the amount (if any) which the party contends should be allowed for the item; and
(d) be filed and served not less than 3 days before the time appointed for taxation on the party seeking taxation of the bill.
57.02.3 Without the leave of the Taxing Officer a party on whom a bill of costs is served may not object to any item in a bill to which no notice of objection has been given in accordance with these Rules.
[18] Rule 57.05.1
substitute
57.05.1 If a party is dissatisfied with the certificate of the Taxing Officer as to any item or part of an item reconsidered by the Taxing Officer under rule 57.03.2, that party may, within 14 days from the date of the certificate, or such other time as the Court or a Justice or the Taxing Officer at the time of signing the certificate allows, apply to a Justice for an order to review the taxation as to that item or part of an item.
[19] Rule 58.02.1
substitute
58.02.1 Where a Taxing Officer has made an estimate under rule 57.01, a party filing a notice of objection shall pay the costs of, and incidental to, the taxation (including any taxing fee) unless, after taxation of the bill, the total of the professional charges and disbursements allowed is varied in that party’s favour by an amount of one‑sixth or more of that estimate.
[20] Rule 58.03
substitute
58.03 Where a Taxing Officer has not made an estimate under rule 57.01, and on the taxation of a bill of costs, the amount of the professional charges and disbursements contained in the bill is reduced by one‑sixth or more:
(a) no costs of, and incidental to, the taxation (including any taxing fee) shall be allowed to the party entitled to the costs; and
(b) the Taxing Officer may order the party entitled to the costs to pay some or all of the costs of, and incidental to, the taxation incurred by any opposite party.
[21] Form 20
substitute
Form 20 Writ of summons
(rule 27.01 (a))
IN THE HIGH COURT OF AUSTRALIA No. of 20—
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
WRIT OF SUMMONS
TO THE DEFENDANT
[state name]
[state address]
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ.
IF YOU INTEND TO DEFEND the proceeding you must file a notice of appearance in the office of the Registry named above.
IF YOU ARE WILLING TO SUBMIT to any order that the Court may make, save as to costs, you may file a submitting appearance in the office of the Registry named above.
THE TIME FOR FILING AN APPEARANCE is as follows:
(a) where you are served with the application within Australia — 14 days from the date of service;
(b) in any other case — 42 days from the date of service.
Either The nature of the claim made and the relief which the plaintiff seeks are as follows:
[state nature of claim and relief]
Or STATEMENT OF CLAIM
[set out Statement of Claim]
This writ was filed by the plaintiff [or by ............................ on behalf of the plaintiff].
Dated: [e.g., 6 October 2003]
................(signed)...............
(Plaintiff or Plaintiff’s solicitor)
The plaintiff’s address is .........................
The plaintiff’s address for service is .........................
[22] Form 21
substitute
Form 21 Summons
(rules 28.02.1 and 57.05.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20—
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
SUMMONS
To [identify party]
[state address]
YOU ARE SUMMONED to attend before a Justice at [address of Court] on [date] at [time] [am or pm] on the hearing of an application by [party making application] for [set out the orders sought].
Filed: [e.g., 6 October 2003]
..............................
Registrar
This summons was filed by ........................ of .............................
Solicitor for [identify party]
[23] Form 29
substitute
Form 29 Certificate of taxation
(rule 57.04.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20—
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Applicant/Appellant
and
CD
Defendant/Respondent
CERTIFICATE OF TAXATION
I certify that the costs of the [party] against the [party] pursuant to the order of the Court [or Justice] dated ................... have been taxed [or assessed] and allowed at $........
Dated: [e.g., 6 October 2003]
.................................
Taxing Officer
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
