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High Court Amendment Rules 2006 (No. 1)

Authoritative Version
  • - F2006L01555
  • No longer in force
SLI 2006 No. 105 Rules/Court & Tribunal Rules as made
These Rules amend the High Court Rules 2004.
Administered by: Attorney-General's
Registered 22 May 2006
Tabling HistoryDate
Tabled HR24-May-2006
Tabled Senate13-Jun-2006
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

High Court Amendment Rules 2006 (No. 1)1

Select Legislative Instrument 2006 No. 105

We, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903.

Dated 9 May 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. 1).

2              Commencement

                These Rules commence on 1 July 2006.

3              Amendment of High Court Rules 2004

                Schedule 1 amends the High Court Rules 2004.


Schedule 1        Amendments

(rule 3)

  

[1]           Rule 41.01.2 (e)

substitute

                (e)    the notice of appeal or application for leave to appeal to the court below.

[2]           Rules 41.09.2 and 41.09.3

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; and

               (b)    the draft notice of appeal; and

                (c)    the parties’ summaries of argument (with any annexures) and reply.

41.09.3    The documents in the application book shall be arranged in the following order:

                (a)    documents in the primary court or tribunal, arranged in the following order:

                          (i)    in a civil matter:

                                   (A)     decision and reasons for decision of the tribunal (if any) where that decision is the subject of review;

                                   (B)     reasons;

                                   (C)     sealed order or judgment;

                         (ii)    in a criminal matter:

                                   (A)     indictment;

                                   (B)     transcript of entry of plea of guilty, or summing up or charge;

                                   (C)     transcript of entry of verdict;

                                   (D)     Judge’s remarks on sentencing;

               (b)    documents in the court below, arranged in the following order:

                          (i)    notice of appeal or application for leave to appeal;

                         (ii)    reasons;

                         (iii)    sealed order or judgment;

                (c)    documents in this Court, arranged in the following order:

                          (i)    application for leave or special leave;

                         (ii)    draft notice of appeal;

                         (iii)    applicant’s summary of argument (including any annexure);

                        (iv)    respondent’s summary of argument (including any annexure);

                         (v)    reply;

                        (vi)    any submitting appearance by a respondent.

[3]           Rules 41.09.7 to 41.09.12

substitute

41.09.7    A party shall attach to the summary of argument filed by that party, for inclusion in the application book:

                (a)    any document necessary for the proper determination of the application which was tendered in evidence at trial or was tendered in evidence in the court below, and which would not otherwise be included in the application book, preceded, in each case, by a sheet stating the date of the document, a short description of the nature of the document, and when and where the document was tendered; and

               (b)    any affidavit deposing to facts not otherwise in evidence at trial or in the court below and upon which the party seeks to rely in support of or in opposition to the grant of leave or special leave to appeal, together with any exhibits to that affidavit.

41.09.8    Within 21 days after the time fixed for filing and serving a reply, or such other time as a Justice or the Registrar may direct, the applicant shall:

                (a)    prepare and file 7 copies of the application book; and

               (b)    supply 3 copies of the application book to each respondent who has filed a notice of appearance.

41.09.9    The applicant shall prepare an application book in the same manner and form as required in the case of an appeal book by rules 42.13.1 to 42.13.8.

41.09.10  The application book shall be prepared and produced in a manner satisfactory to the Registrar.

[4]           Rule 41.13.1

omit

41.09.11

insert

41.09.8


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.