Commonwealth Coat of Arms of Australia

High Court Rules 2004

Statutory Rules No. 304, 2004

made under the

Judiciary Act 1903, Commonwealth Electoral Act 1918 and High Court of Australia Act 1979

Compilation No. 28

Compilation date: 1 January 2024

Includes amendments: F2023L01522

Registered: 16 January 2024

About this compilation

This compilation

This is a compilation of the High Court Rules 2004 that shows the text of the law as amended and in force on 1 January 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter 1—General rules

Part 1—Preliminary

1.01 Title

1.02 Object

1.03 Commencement, repeal and transition

1.04 Causes removed into the Court

1.05 Proceedings remitted by the Court

1.06 Interpretation

1.07 Lodging documents with the Court

1.08 Documents

1.09 Forms

1.10 When a document is filed

Part 2—Application and compliance with these Rules

2.01 Application of these Rules

2.02 Dispensing with compliance

2.03 Failure to comply

Part 3—Amendment

3.01 Amendment

Part 4—Time, recesses and the Registry

4.01 Time

4.02 Enlargement and abridgment of time

4.03 Delays

4.04 Recesses

4.05 Registry

4.06 Use of Seals

4.07 Custody of and access to documents and records

Part 5—Judiciary Act 1903—section 78B notice of a constitutional matter and section 78A notice of intervention

5.01 Filing notice of a constitutional matter

5.02 Serving notice of a constitutional matter

5.03 Affidavit of service

5.04 Filing and serving notice of intervention

Part 6—General rules

6.01 Cases not provided for by Rules

6.02 Solicitors

6.03 Publication of written reasons for judgment

6.04 Sittings

6.05 Scandalous matter

6.06 Vexatious proceedings

6.07 Refusal to issue or file a document

Part 7—Officers

7.01 The Marshal

7.02 Registrars

Part 8—Judgment and orders

8.01 Form of judgments and orders

8.02 Effective date

8.03 Preparation

8.04 Consent orders

8.05 Judgment or orders to do an act

8.06 Interest on judgments and costs

8.07 Stay, bail, preservation of property and other interlocutory orders

Part 9—Service of process and other documents

9.01 Manner of service

9.02 Effecting personal service

9.03 Effecting service on particular defendants

9.04 Ordinary service

9.04A Service by notification from the Court

9.05 Address for service

9.06 Change of address for service

9.07 Service out of Australia

Part 10—Execution

10.01 Execution by parties and others

10.02 Enforcement

Part 11—Contempt of Court

11.01 Contempt in the face of the Court

11.02 Other cases

11.03 Warrant

11.04 Punishment

11.05 Costs

Part 12—Moneys in Court

12.01 Interpretation

12.02 Moneys paid into Court

12.03 Moneys in Court

Part 13—Interlocutory applications

13.01 Interlocutory applications

13.02 Form and service of interlocutory application

13.03 Determination of application

13.04 Orders other than in open court in relation to applications

Chapter 2—Proceedings in the original jurisdiction of the Court

Part 20—Commencing proceedings

20.01 Form of originating document

Part 21—Parties

21.01 Joinder of parties

21.02 Joinder of claims

21.03 Joinder inconvenient

21.04 Misjoinder and nonjoinder

21.05 Addition, removal and substitution of party

21.06 Death of a party

21.07 Transmission of interest or liability

21.08 Persons under disability

21.09 Representative proceedings

Part 22—Service

22.01 Service of originating documents

22.02 Affidavit of service

Part 23—Appearance

23.01 Appearance before taking a step

23.02 Submitting appearance

23.03 Conditional appearance

23.04 Service of notice of appearance

Part 24—Evidence

24.01 Evidence by affidavit

24.02 Subpoenas

Part 25—Mandamus, prohibition, certiorari, habeas corpus and quo warranto

25.01 Form of an application for a constitutional or other writ

25.02 Time for filing an application for a writ of mandamus or certiorari

25.03 Time for service

25.04 Parties to an application

25.05 Affidavits in support

25.06 Time for filing appearance

25.07 Response

25.08 Reply

25.09 Determination of application

25.10 Discontinuance of application

25.11 Stay

25.12 Directions by Registrar

25.13 Writ of mandamus

25.14 Writ of prohibition

25.15 Writ of certiorari

25.16 Writ of habeas corpus

25.17 Writ of quo warranto

Part 26—Applications for removal under section 40 of the Judiciary Act 1903

26.01 Form of application for removal

26.02 Affidavits in support

26.03 Appearance

26.04 Response

26.05 Reply

26.07 Determination of application

26.08 Discontinuance of application

26.09 Deemed abandonment of application by delay

26.10 Directions by Registrar

Part 27—Writ of Summons

27.01 Form of Writ of Summons

27.02 Form of pleadings

27.03 Filing and serving a Statement of Claim

27.04 Contents of a Statement of Claim

27.05 Pleadings after a Statement of Claim

27.06 Application for directions

27.07 Demurrer

27.08 Questions of law

27.09 Summary disposition

27.10 Discontinuance and withdrawal

Part 28—Summary dismissal and other orders

28.01 Summary dismissal and other orders

Chapter 3—Election petitions

Part 30—Commencing proceedings

30.01 Form of petition

30.02 Publication and advertisement

30.03 Address for service

30.04 Service of petition

Part 31—Appearances and parties

31.01 Appearances

31.02 Parties

Part 32—Subsequent proceedings

32.01 Application for directions

32.02 Counter charges

32.03 Particulars

32.04 Notice of trial

32.05 Withdrawal of petition and substitution of another petitioner

Chapter 4—Proceedings in the appellate jurisdiction of the Court

Part 40—Interpretation and application of Chapter 4

40.01 Interpretation

40.02 Application of Chapter 2

Part 41—Applications for leave or special leave to appeal

41.01 Initiation of application for leave or special leave to appeal

41.02 Time for filing application

41.03 Service

41.04 Appearance

41.05 Response

41.06 Reply

41.07 Additional documents

41.08 Determination of application

41.09 Discontinuance of application

41.10 Deemed abandonment of application by delay

41.11 Directions by Registrar

Part 42—Appeals

42.01 Institution of appeals

42.02 Form of notice of appeal

42.03 Time for filing

42.05 Service

42.06 Appearance

42.07 Change of parties to an appeal

42.08 Crossappeal

42.08A Application for leave to intervene or to be heard as amicus curiae

42.09 Stay of proceedings

42.10 Documents

42.13 Preparation and filing of core appeal books

42.14 Discontinuance of appeal

42.15 Directions by Registrar

42.16 Dismissal for want of prosecution

42.17 Appeal without notice

Part 44—Written and oral submissions

44.01 Application and definitions

44.02 Written submissions and further material—appellant

44.03 Written submissions and further material—respondent

44.04 Written submissions—interveners

44.05 Written submissions in reply

44.06 Form of written submissions

44.07 Publication of written submissions and chronology

44.08 Outline of oral submissions

Chapter 5—Costs

Part 50—General

50.01 Costs in the discretion of the Court

50.02 Methods of assessment

50.03 Causes removed

50.04 Order for proportion of costs

50.05 Default by practitioners

Part 51—Costs of interlocutory applications

51.01 Costs reserved

51.02 Costs of applications in a matter

51.03 Interlocutory costs included in final judgment

Part 52—Scale of costs

52.01 Fixed costs

52.02 Costs other than fixed costs

Part 53—Taxing Officers

53.01 Interpretation

53.02 Taxation by Taxing Officer

53.03 Taxing Officers to assist each other

53.04 Powers of a Taxing Officer

53.05 Attendance of parties

Part 54—Commencing taxation of costs and content of bill

54.01 Commencing taxation

54.02 Content of bill

Part 55—Taxation of costs—General

55.01 General principle

55.02 Special allowances

55.03 No fee prescribed

55.04 Duplication of fees

55.05 Fees not provided for

Part 56—Taxation of costs—Particular items

56.01 Instructions

56.02 Preparing documents (other than court books)

56.03 Evidence

56.04 Evidence by affidavit

56.05 Copies

56.06 Reading or examining documents

56.07 Agency matters

56.08 Orders

56.09 Counsel

56.10 Experts

56.11 Costs of particular parties

56.12 Disallowance of unnecessary costs

56.13 Costs of application for extension of time

Part 57—Assessment, taxation and review of taxation

57.01 Assessment

57.02 Objections to bill

57.03 Reconsideration of taxation

57.04 Certificate and taxing fee

57.05 Review of taxation

Part 58—Costs of taxation

58.01 Costs of preparing and taxing bill

58.02 Costs and the Taxing Officer’s estimate

58.03 Reduction by onesixth

58.04 Amount allowed less than amount offered

Part 59—Security for costs

59.01 Security for costs

59.02 Giving security

59.03 Failure to give security

59.04 Variation of order for security

Chapter 6—Transitional provisions

Part 61—Transitional provisions relating to the High Court Amendment (Electronic Filing and Other Matters) Rules 2019

61.01 Application of amendments relating to electronic filing

61.02 Forms

61.03 Repeal of this Part

Part 62—Transitional provisions relating to the High Court Amendment (2023 Measures No. 1) Rules 2023

62.01 Amendments relating to the publication of reasons for decisions

62.02 Amendments relating to application books

62.03 Amendments relating to notices of appeal

62.04 Repeal of this Part

Schedule 2—Fees for work done and services performed

1 Application of this Schedule

2 Fees for work done and services performed

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Chapter 1General rules

Part 1Preliminary

 

1.01  Title

  These Rules may be referred to as the High Court Rules 2004.

1.02  Object

  These Rules prescribe the rules of procedure in proceedings in the High Court of Australia.

1.03  Commencement, repeal and transition

1.03.3  These Rules govern all proceedings commenced in the Court on or after the effective date.

1.03.4  In any proceeding that was commenced before the effective date these Rules govern all steps taken on or after that date unless the Court or a Justice orders that the former Rules shall apply, with or without modification, to that step.

1.04  Causes removed into the Court

  If a cause, or part of a cause, is removed into the Court, these Rules govern all steps taken in the Court in that cause after the order for removal is made.

1.05  Proceedings remitted by the Court

  If a proceeding, or part of a proceeding, is remitted by the Court to another court, the Rules of that other court govern all steps taken in that other court after the order for remitter is made.

1.06  Interpretation

  In these Rules, unless the contrary intention appears:

approved form means a form approved under rule 1.09.2 for the purposes of these Rules.

Fees Regulations means the High Court of Australia (Fees) Regulation 2012.

month means calendar month.

nonpublication order: see section 77RA of the Judiciary Act 1903.

Practice Direction means a Practice Direction made by the Justices of the Court or a majority of the Justices of the Court.

proceeding includes an application to commence a proceeding.

Registrar means the Chief Executive and Principal Registrar, the Senior Registrar or a Deputy Registrar appointed under the High Court of Australia Act 1979.

suppression order: see section 77RA of the Judiciary Act 1903.

the Court means the High Court of Australia.

vexatious proceeding: see subsection 77RL(1) of the Judiciary Act 1903.

vexatious proceedings order: see subsection 77RL(1) of the Judiciary Act 1903.

1.07  Lodging documents with the Court

1.07.1  Unless the Registrar otherwise directs, a document to be filed in the Court must be lodged with the Court by being sent electronically using the Court’s Digital Lodgment System Portal.

Note: For when a document is filed, see rule 1.10.

1.07.2  The following information must also be provided with the document using the Court’s Digital Lodgment System Portal:

 (a) if a solicitor prepares the document—the name, postal address, telephone number and email address of the firm, and the name of an individual in the firm who can be contacted in respect of the matter;

 (b) if the party or person on whose behalf the document is to be filed is not represented by a solicitor—the name, postal address, telephone number and email address of the party or person;

 (c) in any case—the capital city of the State or Territory in which the proceedings are to be, or were, commenced.

1.07.3  The person who sends the document must:

 (a) keep a paper or electronic copy of the document; and

 (b) if directed to do so by the Court, a Justice or the Registrar, produce a hard copy of the document.

1.08  Documents

1.08.1  Unless these Rules provide otherwise, a document to be filed in the Court must:

 (a) be in clear, sharp, legible and permanent type of at least 12 point size; and

 (b) be in A4 size; and

 (c) have margins of at least 2.5 cm at the top, bottom, left and right sides; and

 (d) have each page numbered and every tenth line on each page numbered in the left margin; and

 (e) be without erasure or alteration that causes material disfigurement; and

 (f) comply with any other requirements relating to formatting specified in a Practice Direction.

1.08.2  Unless these Rules provide otherwise, the first page of a document to be filed in the Court must be indorsed:

 (a) first, with the title of the proceeding or proposed proceeding in which it is filed;

 (b) next, with a short description of the document including, in the case of an affidavit, the name of the deponent;

 (c) at the foot of the page with:

 (i) the date of the document;

 (ii) the party or other persons on whose behalf it is filed.

1.08.6  If:

 (a) a document is to be filed in the Court; and

 (b) the document contains information to which a suppression order, a nonpublication order, or any other confidentiality order, made by a court applies;

the document must be accompanied by a copy of the relevant order.

1.09  Forms

1.09.1  In these Rules, a reference to a form by number is a reference to the form so numbered approved under rule 1.09.2.

1.09.2  The Justices of the Court, or a majority of them, may approve a form for the purposes of these Rules.

Note: Approved forms are published on the Court’s website (http://www.hcourt.gov.au). The approved forms may be set out in a Practice Direction.

1.09.3  An approved form may be used with any variations that are necessary or as the Registrar directs.

1.10  When a document is filed

1.10.1  A document is filed in the Court if:

 (a) it has been lodged with the Court in accordance with rule 1.07; and

 (b) it is accepted in the Registry.

1.10.2  A Registrar must not accept a document lodged for filing unless any fee payable under the Fees Regulations for filing the document has been paid.

1.10.3  A Registrar must not accept a document lodged for filing if the document is subject to the direction of a Justice under rule 6.07 and the leave referred to in that rule has not been obtained.

1.10.4  A Registrar may refuse to accept a document lodged for filing if it appears to the Registrar that the document:

 (a) is not substantially complete; or

 (b) does not substantially comply with these Rules; or

 (c) is not properly signed or executed.

1.10.5  A document that is accepted in the Registry is taken to have been filed:

 (a) if a fee is payable under the Fees Regulations for filing the document:

 (i) on the day the fee is received; or

 (ii) if the fee is not received during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c)—on the next day the office is open; or

 (b) if no fee is payable under the Fees Regulations for filing the document:

 (i) on the day the document is received; or

 (ii) if the document is not received during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c)—on the next day the office is open.

1.10.6  If a document is filed in the Court, a Registrar must insert as the first page of the document a page that records the date of filing.

1.10.7  If a page has been inserted as the first page of a document in accordance with rule 1.10.6, the page is taken to be part of the document for the purposes of these Rules.

Part 2Application and compliance with these Rules

 

2.01  Application of these Rules

2.01.1  Chapters 1 and 5 of these Rules apply to all proceedings in the Court.

2.01.2  Other Chapters of these Rules apply to the proceedings with which they deal.

2.02  Dispensing with compliance

  The Court or a Justice may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.

2.03  Failure to comply

2.03.1  A failure to comply with these Rules or a direction of the Registrar is an irregularity and does not render a proceeding, or any step taken in a proceeding, or any document, judgment or order in a proceeding a nullity.

2.03.2  Subject to rule 2.03.3, where there has been a failure to comply with these Rules or a direction of the Registrar the Court or a Justice may:

 (a) set aside the proceeding or any step taken in the proceeding;

 (b) make such other order whether allowing amendment or otherwise as is appropriate.

2.03.3  A proceeding or a step taken in any proceeding shall not be set aside on the application of a party to the proceeding made on the ground of a failure to comply with these Rules or a direction of the Registrar unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.

2.03.4  The Registrar may refer to the Court or a Justice a failure to comply with a direction of the Registrar.

Part 3Amendment

 

3.01  Amendment

3.01.1  The Court or a Justice may, at any stage of a proceeding, allow a party to amend any document in the proceeding.

3.01.2  The Court or a Justice may, at any time, correct a clerical mistake in a judgment or order, or an error arising in a judgment or order from any accidental slip or omission.

3.01.3  An amendment in a document may be made by filing and serving an amended document.

3.01.4  An amendment shall be made in such a way as distinguishes the amendment from the original matter.

3.01.5  Where a document is amended it shall be marked with the date of the order under which it is amended and the day on which the amendment is made by indorsing it as follows ‘Amended on [date] pursuant to order of ___ made on [date]’.

Part 4Time, recesses and the Registry

 

4.01  Time

4.01.1  Any period of time fixed by or under these Rules shall be calculated in accordance with this Part.

4.01.2  Where a time of 1 day or longer is to begin on or to be calculated from a day or event, the day or the day of the event shall be excluded.

4.01.3  Where a time of 1 day or longer is to end on or to be calculated to a day or event the day or the day of the event shall be included.

4.01.4  Where a period of 5 days or less would include a day on which the office of the Registry is not open in the State or Territory where the act is to be done or may be done that day shall be excluded.

4.01.5  Where the last day for doing any act is a day on which the office of the Registry is not open in the State or Territory where the act is to be done or may be done the act may be done on the next day the Registry is open.

4.01.6  In calculating any period of time fixed by or under these Rules an act done after 4.00 pm on a day shall be taken to have been done on the next day on which the Registry in the State or Territory where that act was done is open.

4.02  Enlargement and abridgment of time

  Any period of time fixed by or under these Rules may be enlarged or abridged by order of the Court or a Justice whether made before or after the expiration of the time fixed.

4.03  Delays

4.03.1  Where a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue shall give every other party not less than 1 month’s notice in writing of the party’s intention to proceed.

4.03.2  Where 3 years or more has elapsed since any party has taken any step in a proceeding, no step shall be taken in the proceeding without the leave of the Court or a Justice.

4.04  Recesses

4.04.1  There shall be a Summer Recess in each year beginning on a day appointed annually by the Justices or a majority of them.

4.04.2  There shall be a Winter Recess in each year beginning on a day appointed annually by the Justices or a majority of them.

4.05  Registry

4.05.1  The office hours of the Registry are as provided in a Practice Direction.

4.05.2  A Registrar may, and if directed to do so by a Justice shall, open the Registry at any time for urgent business.

4.06  Use of Seals

4.06.1  The Seal of the Court shall be in the form:

The seal of the High Court of Australia

4.06.2  The Seal of the Court shall be affixed to:

 (a) Rules of Court made by the Justices;

 (b) writs of certiorari, mandamus, prohibition and habeas corpus;

 (c) writs of summons and any other writs, and commissions and process;

 (d) any document which is not to be served on a party to a proceeding but is for use outside Australia;

 (e) any other document to which the Court or a Justice directs it to be affixed.

4.07  Custody of and access to documents and records

4.07.1  The Registrar is to have the custody of:

 (a) each document issued by or filed in the Court; and

 (b) the records of the Court kept in the Registry.

4.07.2  The Registrar must keep proper indexes to the documents issued by or filed in the Court.

4.07.3  The Registrar must keep a record of:

 (a) all documents issued by or filed in the Court showing the dates the documents were issued or filed; and

 (b) all steps taken in each application and proceeding in the Court showing the dates the steps were taken.

4.07.4  The Registrar may give a person electronic access to a document issued by or filed in the Court except:

 (a) affidavits and exhibits to affidavits that have not been received in evidence in Court; or

 (b) documents containing information disclosing the identity of a person where disclosure of the identity of that person is prohibited, whether by Act, order of the Court or otherwise; or

 (c) documents containing information to which a suppression order, a nonpublication order, or any other confidentiality order, made by a court applies; or

 (d) documents containing information in relation to which an application for an order referred to in paragraph (c) has been made but has not yet been determined;

if any fee payable under the Fees Regulations in relation to searching or inspecting the document has been paid.

4.07.5  Records referred to in rules 4.07.1 and 4.07.3, and indexes referred to in rule 4.07.2, may be kept by electronic means.

4.07.6  A subpoena for production of a document in the custody of the Registrar must not be issued.

Part 5Judiciary Act 1903—section 78B notice of a constitutional matter and section 78A notice of intervention

 

5.01  Filing notice of a constitutional matter

5.01.1  Where a proceeding pending in the Court involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903, the party, intervener, or applicant for leave to intervene or appear who raises the matter must file a notice of a constitutional matter.

5.01.2  Notice of a constitutional matter shall state:

 (a) specifically the nature of the matter;

 (b) the facts showing that the matter is one to which rule 5.01.1 applies.

5.01.3  The notice of a constitutional matter shall be in Form 1.

5.02  Serving notice of a constitutional matter

5.02.1  If the proceeding is an appeal, or an application for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such 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 AttorneysGeneral of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory:

 (i) if the matter arises in the notice of appeal or in the argument to be advanced in support of the notice of appeal—within 14 days after the grant of leave or special leave to appeal; or

 (ii) if the matter arises in the application for leave or special leave to appeal or in the argument to be advanced in support of the application—within 14 days after the application is referred to an enlarged Court; or

 (iii) if the matter arises in a notice of crossappeal or a notice of contention or in the argument to be advanced in support of the notice—within 7 days after the notice is filed; or

 (iv) otherwise—within the time that the Court or a Justice directs.

5.02.2  If rule 5.02.1 does not apply to the proceeding, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such 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 AttorneysGeneral of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory:

 (i) if the matter arises in a pleading or in the argument to be advanced in support of the pleading—within 7 days after the pleading is delivered; or

 (ii) if the matter arises in an originating process or in the argument to be advanced in support of the originating process—within 7 days after the originating process is filed; or

 (iii) if neither subparagraph (i) nor (ii) applies, and the matter arises before the day fixed for a hearing of a proceeding—not later than 14 days before that day; or

 (iv) if neither subparagraph (i) nor (ii) applies, and the matter arises during the hearing of any proceeding before the Court or a Justice—within such time as the Court or a Justice directs.

5.03  Affidavit of service

5.03.1  The party, intervener, or applicant for leave to intervene or appear who serves the notice of a constitutional matter must file an affidavit of service of the notice, proving compliance with rule 5.02, within 2 days after service and no later than 2 days before the day fixed for the hearing of the proceeding.

5.03.2  Rule 5.03.1 has effect subject to rule 9.04A.3.

5.04  Filing and serving notice of intervention

5.04.1  If the AttorneyGeneral of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory intends to intervene in a proceeding before the Court under section 78A of the Judiciary Act 1903, the AttorneyGeneral must, before taking any step in the proceeding:

 (a) file a notice of intervention; and

 (b) serve a copy of the notice on each party and any other intervener.

5.04.2  The notice of intervention must be in Form 1A.

Part 6General rules

 

6.01  Cases not provided for by Rules

6.01.1  Where the manner or form of procedure for commencing or taking any step in a proceeding or exercising the jurisdiction of the Court is not prescribed by these Rules or there is any doubt about the manner or form of that procedure the Court, a Justice or the Registrar shall determine what procedure is to be adopted and may give directions.

6.01.2  A step taken in accordance with directions given by the Court, a Justice or the Registrar is regular and sufficient.

6.02  Solicitors

6.02.1  Where these Rules permit or require an act to be done by or to a party, if the party sues or appears by a solicitor, the act shall be done by or to the solicitor unless it is expressly provided that it shall be done by or to the party personally.

6.02.2  A solicitor whose name is indorsed on originating process shall, on demand in writing by a defendant, forthwith file and serve on that defendant a statement in writing stating whether that process was issued or filed by or with the solicitor’s authority and on the instructions of the person named as plaintiff or applicant.

6.02.3  If, within 1 month of the making of a demand in writing under rule 6.02.2, the solicitor does not file and serve a statement in writing stating that the originating process was issued or filed by or with the solicitor’s authority and on the instructions of the person named as plaintiff or applicant further proceedings on the process shall not be taken without the leave of the Court or a Justice.

6.02.4  A party suing or defending by a solicitor may change solicitors without order.

6.02.5  A solicitor for a party may cease to be solicitor for that party only:

 (a) if a new solicitor for the party files a notice of change of solicitor and serves on every other party a copy of that notice stating a new address for service of the party; or

 (b) if the party files a notice that the solicitor has ceased to act for that party and serves on every other party a copy of that notice stating a new address for service; or

 (c) if, the solicitor having first given notice in writing to the party of intention to apply for leave to withdraw as solicitor, the Court or a Justice grants the solicitor leave to withdraw and the solicitor serves a copy of that order on every other party.

6.02.6  A party suing or defending in person may at any time appoint a solicitor to act on that party’s behalf.

6.02.7  A solicitor appointed to act for a person previously suing or defending in person shall file and serve on every other party notice of that appointment stating a new address for service of the party.

6.03  Publication of written reasons for judgment

  When a judgment is given in a proceeding, either by a Full Court or a single Justice, and the opinion of a Justice is reduced to writing, it is sufficient to state orally the opinion of the Justice without stating the reasons for the opinion, but, subject to rules 13.04, 25.09.2, 26.07.1A and 41.08.1A, the written opinion must be published by delivering it to the Registrar or associate in open Court.

6.04  Sittings

6.04.1  Sittings of a Full Court shall be held at the places and on the days fixed by rule of Court.

6.04.2  Sittings of a Full Court may also be held at a place and on days appointed by the Chief Justice.

6.04.4  A Justice may sit to hear and determine applications to a single Justice at the places and on the days that the Justice thinks fit.

6.05  Scandalous matter

  The Court or a Justice of its own motion or on application may order that an affidavit or other document which is filed and contains scandalous matter is to be removed from the file.

6.06  Vexatious proceedings

 6.06.1 An application for a vexatious proceedings order must be in Form 21.

Note: For the persons who are eligible to apply for a vexatious proceedings order, see paragraphs 77RN(3)(a) to (d) of the Judiciary Act 1903.

 6.06.2 The application must be:

 (a) accompanied by an affidavit in support of the application; and

 (b) served:

 (i) at least 3 days before the day when the application is to be heard; or

 (ii) within a shorter period ordered by the Court or a Justice.

 6.06.3 An application under subsection 77RQ(2) of the Judiciary Act 1903 for leave to institute a proceeding that is subject to a vexatious proceedings order must be in Form 30.

Note: See subsection 77RQ(4) of the Judiciary Act 1903 in relation to service of the application.

6.07  Refusal to issue or file a document

 6.07.1 If a writ, application, summons, affidavit or other document (the document) appears to a Registrar on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court, the Registrar may seek the direction of a Justice.

 6.07.2 The Justice may direct the Registrar to issue or file the document, or to refuse to issue or file the document, without the leave of a Justice first had and obtained by the party seeking to issue or file the document.

 6.07.3 An application for leave for the Registrar to issue, or for leave to file, a document that is subject to the direction of a Justice under subrule 6.07.2:

 (a) must be in Form 31; and

 (b) must not be served on any person, unless the Court or a Justice otherwise orders.

Part 7Officers

 

7.01  The Marshal

7.01.1  Where the Marshal is required to serve or execute any document or process issued from the Court the Marshal personally or by a deputy shall serve it and shall make any return of the service or execution that is required by the instrument.

7.01.2  A return of service or execution of a document or process must be made by filing the document or process with a certificate, signed by the Marshal or deputy, stating what was done.

7.02  Registrars

  The Principal Registrar shall:

 (a) countersign all Rules of Court made by the Justices;

 (b) cause copies of Rules of Court certified by the Principal Registrar to be sent to the AttorneyGeneral’s Department; and

 (c) keep the originals of all Rules of Court whether made before or after these Rules in safe custody.

Part 8Judgment and orders

 

8.01  Form of judgments and orders

8.01.1  A judgment shall be in Form 2.

8.01.2  An order shall be in Form 3.

8.02  Effective date

Subject to any contrary order of the Court or a Justice a judgment or order, whether of the Full Court or a Justice, shall take effect from and be dated on the day on which it is given or made.

8.03  Preparation

8.03.1  A judgment or order, whether of the Full Court or of a Justice, shall be prepared by or under the direction of a Registrar.

8.03.2  A Registrar may require any party to prepare one or more drafts of any judgment or order and to prepare a final copy of the order for filing and sealing.

8.04  Consent orders

8.04.1  The parties to a proceeding, or their solicitors, may file a written consent to the making of an order in a proceeding.

8.04.2  A written consent to the making of an order shall be in Form 4.

8.04.3  Where a written consent under rule 8.04.1 is filed the Registrar shall refer the matter to a Justice who may, without any other application, direct the Registrar to draw up, sign and seal an order in accordance with the terms of the consent.

8.04.4  An order made under rule 8.04.3 shall state that it is made by consent and it shall have the same effect as if made after a hearing by a Justice.

8.04.5  For rule 8.04.1, the written consent need not be signed by:

 (a) a party who has not filed an appearance; or

 (b) a party who has filed a submitting appearance if the order consented to does not require the party to pay costs.

8.05  Judgment or orders to do an act

Where any judgment or order, whether of the Full Court or a Justice, requires a person to do an act:

 (a) it shall state the time within which it is to be done; and

 (b) the copy served upon the person required to obey it shall be indorsed with the memorandum:

  ‘If you do not obey this judgment or order by the time limited in it, you may be punished for not obeying it.’.

8.06  Interest on judgments and costs

8.06.1  Every judgment debt under a judgment of the Court shall carry interest from the date the judgment takes effect at the rate of interest applicable to judgments of the Supreme Court of the State or Territory where the office of the Registry in which the judgment is entered is located.

8.06.2  Every award of costs under a judgment or order of the Court shall carry interest from the date of the order or certificate of taxation quantifying those costs at the rate of interest applicable to judgments of the Supreme Court of the State or Territory where the office of the Registry in which the proceeding is pending is located.

8.07  Stay, bail, preservation of property and other interlocutory orders

8.07.1  The Court or a Justice of its own motion or on application may at any time make such order as is necessary to effectuate the grant of original or appellate jurisdiction in the Court.

8.07.2  Without limiting the generality of rule 8.07.1, where any proceeding is pending in the Court, whether in its original or its appellate jurisdiction, the Court or a Justice on the application of a party may make such orders as are appropriate:

 (a) staying proceedings, whether in the Court or elsewhere, in whole or in part;

 (b) staying proceedings under any judgment or order, whether of the Court or otherwise;

 (c) admitting a person in custody to bail;

 (d) for the preservation of the subject matter of the proceeding.

8.07.3  Unless the Court or a Justice otherwise orders, an order admitting a person in custody to bail:

 (a) shall state the conditions on which that person is admitted to bail;

 (b) may be conditioned upon that person giving security by recognisance, one or more sureties or both by recognisance and one or more sureties; and

 (c) shall specify the time and place at which, and the person or court to whom, the person admitted to bail shall surrender.

Part 9Service of process and other documents

 

9.01  Manner of service

9.01.1  An application for a constitutional or other writ, or a writ of summons, must be served personally on each defendant unless:

 (a) the solicitor for that defendant undertakes in writing to enter an appearance or a submitting appearance; or

 (b) the Court or a Justice otherwise orders.

9.01.2  An application for an order of removal shall be served by ordinary service on each party to the cause sought to be removed as if the address for service given by that party in the cause were that party’s address for service in this Court.

9.01.3  An election petition shall be served in accordance with Chapter 3.

9.01.4  An application for special leave to appeal shall be served by ordinary service on each party to the proceeding in which the orders sought to be challenged were made as if the address for service given by that party in that proceeding were that party’s address for service in this Court.

9.01.5  Unless these Rules provide otherwise, any other document may be served by ordinary service.

9.02  Effecting personal service

9.02.1  Personal service of a document is effected by handing to the person a copy of the document to be served or, if the person does not accept the copy, by putting the copy down, in the presence of the person to be served and telling the person the nature of the document.

9.02.3  To effect personal service it is not necessary to show the original document.

9.03  Effecting service on particular defendants

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.

9.03.2  Personal service of a document may be effected on a body corporate by serving the document on the Secretary or other proper officer of the body corporate.

9.03.3  Personal service of a document may be effected on a person under disability:

 (a) in the case of a minor, by serving the document on a parent or guardian of the minor or, if there is none, on the person with whom the minor resides or who has the care of the minor; or

 (b) in the case of a person under some other disability, on the guardian or other person having responsibility for the conduct of the person’s affairs, or if there is none, on the person with whom the person with a disability resides or who has the care of the person with a disability.

9.04  Ordinary service

  When personal service of a document is not required, the document may be served by:

 (a) leaving it at the person’s address for service; or

 (b) posting it to the person’s address for service; or

 (e) sending it by email to the person’s address for service.

9.04A  Service by notification from the Court

9.04A.1  A requirement under these Rules for a document (other than an originating process) to be served on a party is taken to have been met if an email containing a statement to the effect that the document has been filed is sent by the Registry to:

 (a) the email address for service of the party to be served; and

 (b) the email address for service of the party who would, apart from this rule, be required to serve the document.

9.04A.2  If an email relating to a document is sent to a party in accordance with rule 9.04A.1, the document is taken to be served on the party:

 (a) if the email was sent during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c) when the document was filed—on the day the email was sent; or

 (b) if the email was sent outside those office hours—on the next business day after the email was sent.

9.04A.3  An affidavit of service is not required in relation to a document that is served on a party in accordance with rule 9.04A.1.

9.05  Address for service

9.05.1  Subject to rule 9.05.3, each of the following is an address for service of a party commencing a proceeding in the Court:

 (a) the postal address referred to in rule 1.07.2 provided with the originating process;

 (b) the email address referred to in rule 1.07.2 provided with the originating process.

9.05.2  Subject to rule 9.05.3, each of the following is an address for service of a party against whom proceedings have been commenced in the Court:

 (a) the postal address referred to in rule 1.07.2 provided with the party’s notice of appearance, submitting appearance or conditional appearance;

 (b) the email address referred to in rule 1.07.2 provided with the party’s notice of appearance, submitting appearance or conditional appearance.

9.05.3  If an address for service of a party under rule 9.05.1 or 9.05.2 has been changed under rule 6.02.5, 6.02.7 or 9.06, the address for service of the party is that address as most recently changed.

9.06  Change of address for service

  A party may change an address for service of the party by filing and serving on each other party to the proceeding notice of the new address for service.

9.07  Service out of Australia

9.07.1  Originating process may be served out of Australia without order of the Court in any case where, under the Federal Court Rules, originating process in the Federal Court may be served out of Australia.

9.07.2  Originating process which is served out of Australia need not be served personally as long as it is served in accordance with the law of the place in the country in which service is effected.

9.07.3  If a party served with originating process out of Australia does not file an appearance, and if the Court or a Justice is satisfied:

 (a) that the subject matter of the proceeding so far as it concerns that party is within rule 9.07.1; and

 (b) that the originating process was duly served on that party;

the Court or a Justice may order that the plaintiff shall be at liberty to proceed.

Part 10Execution

 

10.01  Execution by parties and others

10.01.1  As between the original parties to a judgment or order execution may issue at any time within 6 years from the date of the judgment or order.

10.01.2  Where rule 10.01.1 does not apply a person claiming to be entitled to issue execution may apply to the Court or a Justice for leave to issue execution.

10.01.3  The Court or a Justice may grant leave to issue execution on such terms as to costs or otherwise as appear just.

10.02  Enforcement

10.02.1  An order of the Court or a Justice in a proceeding may be enforced against all persons bound by it in the same way as a judgment to the same effect.

10.02.2  If a mandamus, mandatory order, injunction, or other judgment requiring a person to do an act is not obeyed, the Court or a Justice, whether or not proceedings for contempt have been taken against the disobedient party, may direct that the act be done, so far as practicable and at the expense of the disobedient party, by the party who obtained the order or by some other person.

10.02.3  Where a direction has been made under rule 10.02.2, upon the act being done, the expenses incurred may be ascertained in such manner as the Court or a Justice directs and the amount ascertained and the costs may be recovered from the disobedient party.

10.02.4  A judgment or order for the payment of money into Court or for the performance of any act other than payment of money to another may be enforced by attachment.

10.02.5  A judgment or order requiring a person to abstain from doing an act may be enforced by committal.

Part 11Contempt of Court

 

11.01  Contempt in the face of the Court

11.01.1  When it is alleged, or it appears to the Court, that a person (the alleged contemnor) has been guilty of contempt of Court, committed in the face of the Court or in the hearing of the Court, the presiding Justice may, by oral order, direct that the alleged contemnor be arrested and brought before the Court forthwith or may issue a warrant under the Justice’s hand for the arrest of the alleged contemnor.

11.01.2  When the alleged contemnor is brought before the Court, the Court shall:

 (a) orally inform the alleged contemnor of the contempt charged;

 (b) require the alleged contemnor to make his or her defence to that charge;

 (c) after hearing the alleged contemnor proceed then or after adjournment to determine the charge; and

 (d) make whatever order for the punishment or discharge of the alleged contemnor as is just.

11.01.3  Unless the Court admits the alleged contemnor to bail he or she shall be detained in custody as directed by the Court or a Justice until the charge is heard and determined.

11.02  Other cases

11.02.1  In a case where rule 11.01.1 does not apply application for punishment for contempt of Court shall be made by summons for an order that the alleged contemnor be committed to prison for contempt.

11.02.2  A summons under rule 11.02.1 shall:

 (a) specify the contempt alleged against the alleged contemnor;

 (b) be served personally on the alleged contemnor; and

 (c) be served together with any affidavit upon which the party applying intends to rely.

11.02.3  Where a summons under rule 11.02.1 has been filed and it is made to appear to a Justice that the alleged contemnor is likely to abscond or otherwise withdraw from the jurisdiction of the Court the Justice may by warrant direct that the alleged contemnor be arrested and detained in custody until brought before the Court or a Justice to answer the charge unless, in the meantime, that alleged contemnor gives security in an amount and on terms determined by the Justice for the alleged contemnor’s appearance to answer the charge and to submit to the judgment of the Court.

11.03  Warrant

11.03.1  A warrant for the arrest or the detention or imprisonment of a person under this Part shall be addressed to the Marshal and may be issued under the hand of the Justice or presiding Justice.

11.03.2  An arrest warrant shall be in Form 5.

11.03.3  A committal warrant shall be in Form 6.

11.04  Punishment

11.04.1  Where an alleged contemnor is found guilty of contempt of Court the Court or Justice may order:

 (a) where the contemnor is a natural person, that the contemnor pay a fine, be committed to prison, or both pay a fine and be committed to prison; or

 (b) where the contemnor is a body corporate, that the contemnor pay a fine, that some or all of the property of the contemnor be sequestrated or that both the contemnor pay a fine and some or all of the property of the contemnor be sequestrated.

11.04.2  Where a contemnor is ordered to pay a fine the Court or Justice may order:

 (a) where the contemnor is a natural person, that the contemnor be imprisoned or further imprisoned until the fine is paid; or

 (b) where the contemnor is a body corporate, that if the fine is not paid in accordance with the order, some or all of the property of the contemnor be sequestrated.

11.04.3  An order committing a contemnor to prison shall specify the prison to which the contemnor is to be committed.

11.04.4  Where an order has been made that a contemnor be committed to prison, the Court or Justice may order that the contemnor be discharged notwithstanding that the term of imprisonment fixed by the order has not expired.

11.05  Costs

  The costs of an application for committal shall be in the discretion of the Court whether an order for committal is made or not.

Part 12Moneys in Court

 

12.01  Interpretation

  For the purposes of this Part, unless the contrary intention appears:

funds means any money, government stock, bonds or securities, or any other securities or investments standing or to be placed to the credit of an account in the books of the Court.

the Bank means the Commonwealth Bank of Australia.

12.02  Moneys paid into Court

  Moneys paid into Court are subject to the order of the Court or a Justice and shall be dealt with pursuant to that order or these Rules and not otherwise, and, in the meantime, shall not be considered as held for, or on account of, or for the use or benefit of any person.

12.03  Moneys in Court

12.03.1  An order which directs funds to be paid into Court shall direct the credit to which the funds are to be placed.

12.03.2  An order which directs funds in Court to be paid, transferred, delivered or carried over to a credit other than that to which they are standing, or to be otherwise dealt with, shall state the particulars of the payment or other operation to be carried out.

12.03.3  Funds paid into Court under an order shall be paid into the Bank to the credit of an account entitled ‘High Court of Australia Suitors’ Fund’.

12.03.4  Funds paid into the Bank pursuant to rule 12.03.3 shall not be withdrawn or paid from the Bank otherwise than in accordance with these Rules or under the authority or order of the Court or a Justice, but the Bank may make a payment under an order signed by a Registrar, and countersigned by the Marshal, without enquiry whether an order has been made.

12.03.5  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 Commonwealth, in the names of a Registrar and the Marshal.

12.03.6  The Court or a Justice may direct how, and in what manner, in what amounts and to what accounts interest shall be credited.

Part 13Interlocutory applications

 

13.01  Interlocutory applications

  This Part applies to an interlocutory or other application in a proceeding.

13.02  Form and service of interlocutory application

13.02.1  The application must be in Form 21.

13.02.2  The application must:

 (a) be accompanied by an affidavit in support of the application; and

 (b) be served, together with the affidavit:

 (i) within 3 days after the application is filed; or

 (ii) within such other period ordered by the Court or a Justice.

13.03  Determination of application

13.03.1  The Court or a Justice may direct that the application is to be determined without listing it for hearing.

13.03.2  The Court or a Justice may direct a party to file written submissions before hearing or considering the application.

13.03.3  If:

 (a) the application is listed for hearing; and

 (b) a person to whom an application is addressed fails to attend; and

 (c) the Court or a Justice is satisfied that the application was duly served;

the Court or Justice may hear the application in the absence of the person.

13.03.4  If the application is listed for hearing, and the applicant fails to attend the hearing, the Court or a Justice may dismiss the application or make any other appropriate order.

13.04  Orders other than in open court in relation to applications

  A Justice may make orders and may publish reasons for a decision other than in open court in relation to an application.

Note: For the power of a Justice sitting in Chambers to exercise the jurisdiction of the Court, see section 16 of the Judiciary Act 1903.

 [End of Chapter 1. Chapter 2 commences with Part 20]

Chapter 2Proceedings in the original jurisdiction of the Court

Part 20Commencing proceedings

 

20.01  Form of originating document

20.01.1  If the relief sought is or includes:

 (a) a writ of mandamus or prohibition or certiorari, whether against an officer of the Commonwealth or some other person; or

 (b) a writ of habeas corpus or quo warranto;

a proceeding must be commenced in the Court by filing an application for a constitutional or other writ in accordance with Part 25.

20.01.2  If the relief sought is an order removing a cause or part of a cause pursuant to section 40 of the Judiciary Act 1903, a proceeding shall be commenced in the Court by filing an application for removal in accordance with Part 26.

20.01.3  If a person wishes to dispute the validity of an election or return pursuant to Part XXII of the Commonwealth Electoral Act 1918, a proceeding shall be commenced in the Court by filing a petition in accordance with Chapter 3.

20.01.4  In any other case a proceeding shall be commenced in the Court by the issue of a Writ of Summons in accordance with Part 27.

Part 21Parties

 

21.01  Joinder of parties

  Two or more persons may be joined as plaintiffs or as defendants in any proceeding:

 (a) where the Court or a Justice, before or after the joinder, gives leave to do so; or

 (b) where

 (i) if separate proceedings were brought by or against each of them, some common question of law or fact would arise in all of the proceedings; or

 (ii) all rights to relief in the proceeding (whether joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.

21.02  Joinder of claims

  A plaintiff may join any number of claims against a defendant whether the plaintiff makes the claims in the same or different capacities and whether the claims are made against the defendant in the same or different capacities.

21.03  Joinder inconvenient

  Where the joinder of claims or parties may embarrass or delay the trial of the proceeding or cause prejudice to any party or is otherwise inconvenient the Court or a Justice may at any time order that:

 (a) there be separate trials;

 (b) any claim be excluded; or

 (c) any party cease to be a party, with or without a condition that the party be bound by the determination of the questions in the proceeding.

21.04  Misjoinder and nonjoinder

  A proceeding shall not be defeated because of the misjoinder or nonjoinder of any party or person and the Court may determine all questions in the proceeding so far as they affect the rights and interests of the parties.

21.05  Addition, removal and substitution of party

21.05.1  At any stage of a proceeding the Court or a Justice may order that:

 (a) a person who is not then a proper or necessary party cease to be a party;

 (b) any person who ought to have been joined as a party or whose presence in the proceedings is necessary to ensure that all questions in the matter are effectually and completely determined be joined as a party; or

 (c) any person between whom and any party to the proceeding there may exist a question arising out of or relating to or connected with any claim in the proceeding which it is just and convenient to determine as between that person and the party as well as between the parties to the proceeding be joined as a party.

21.05.2  A person shall not be added as plaintiff without that person’s written consent.

21.06  Death of a party

21.06.1  Where the cause of action survives against the estate of a deceased person a proceeding may be commenced against the estate of the deceased.

21.06.2  Until a grant of representation of the estate of a deceased person is made:

 (a) a proceeding may be commenced and continued against the estate of the deceased naming the estate as defendant; or

 (b) the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding.

21.06.3  Where a grant of representation of the estate of a deceased person has been made, a proceeding may be commenced and continued naming the personal representative of the deceased as defendant.

21.07  Transmission of interest or liability

21.07.1  Where, at any stage of a proceeding, the interest or liability of a party is assigned or transmitted to another person, whether on death, bankruptcy or for some other reason the Court or a Justice may order that the other person be added as a party or made a party in substitution for the original party and that the proceeding be carried on as so constituted.

21.07.2  The person on whose application an order is made under rule 21.07.1 shall serve the order on every party to the proceeding, and on any person who ceases to be a party or becomes a party under the order.

21.07.3  Where a person is added as a defendant by an order made under rule 21.07.1 the originating process shall be served on that person in accordance with Part 22 of these Rules.

21.08  Persons under disability

21.08.1  A person under disability shall commence or defend a proceeding by litigation guardian.

21.08.2  Anything in a proceeding that is required or permitted by these Rules to be done by a party shall or may, if the party is a person under disability, be done by that person’s litigation guardian.

21.08.3  A litigation guardian of a person under disability shall act by a solicitor.

21.08.4  Where a person is authorised by or under any Act or any law of a State or Territory to act as litigation guardian for a person under disability that person shall be entitled, unless the Court or a Justice otherwise orders, to be litigation guardian for the person under disability.

21.08.5  Where, after a proceeding is commenced, a party becomes a person under a disability, the Court or a Justice may appoint a person to be litigation guardian for the person under a disability.

21.08.6  Where the interests of a person under a disability so require, the Court or a Justice may appoint or remove a litigation guardian or substitute another person as litigation guardian.

21.08.7  An order shall not be made appointing a person as litigation guardian, and the name of a person shall not be used in a proceeding as litigation guardian, of a person under disability unless the litigation guardian has consented in writing to act as litigation guardian and certifies in writing that he or she has no interest in the proceeding adverse to the person with a disability.

21.09  Representative proceedings

21.09.1  Where numerous persons have the same interest in any proceeding the proceeding may be commenced and, unless the Court or a Justice otherwise orders, may be continued by or against any one or more persons having the same interest as representing some or all of them.

21.09.2  A judgment given or order made in a proceeding to which rule 21.09.1 applies shall bind the parties and those whom the parties represent.

21.09.3  A judgment or order shall not be enforced against a person who is not a party except by leave of the Court or a Justice.

21.09.4  An application for leave under rule 21.09.3 must:

 (a) be in Form 21; and

 (b) be served personally on the person against whom enforcement of the judgment or order is sought.

Part 22Service

 

22.01  Service of originating documents

22.01.1  An application for a constitutional or other writ, or a writ of summons, must be served personally in accordance with Part 9.

22.01.2  An application for an order for removal shall be served by ordinary service in accordance with Part 9.

22.01.3  An election petition shall be served in accordance with Chapter 3.

22.02  Affidavit of service

  Within 7 days of the service of an originating document, the plaintiff or applicant must file an affidavit deposing to the time and manner of the service.

Part 23Appearance

 

23.01  Appearance before taking a step

23.01.1  Except as provided by rule 23.03, or by leave of the Court or a Justice, a defendant shall not take any step in a proceeding unless that defendant has first filed an appearance.

23.01.2  A defendant may file an appearance by a solicitor or, if the defendant is a natural person, in person.

23.01.3  A notice of appearance must be in Form 7.

23.02  Submitting appearance

  A defendant willing to submit to any order that the Court may make, save as to costs, may file a submitting appearance in Form 8.

23.03  Conditional appearance

23.03.1  Where a defendant wishes to object to the jurisdiction, to the originating process, or to the service of the originating process, the defendant may file a conditional appearance.

23.03.2  A notice of conditional appearance shall be in Form 9.

23.03.3  A conditional appearance shall have effect for all purposes as an unconditional appearance, unless on application by the defendant the Court or a Justice otherwise orders.

23.03.4  An application under rule 23.03.3 must:

 (a) be in Form 21; and

 (b) be filed within 14 days after the day the conditional appearance is filed.

23.04  Service of notice of appearance

  On the day the defendant files a notice of appearance, a submitting appearance, or a conditional appearance, the defendant must serve a copy of the document on the plaintiff.

Part 24Evidence

 

24.01  Evidence by affidavit

24.01.1  An affidavit shall be made in the first person.

24.01.2  Where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit shall state the deponent’s place of business, the position the deponent holds and the name of the deponent’s firm or employer, if any.

24.01.3  Where rule 24.01.2 does not apply the affidavit shall state the deponent’s place of residence, the deponent’s occupation or description, and if the deponent is a party to the proceeding or employed by a party the affidavit shall state that fact.

24.01.4  An affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject.

24.01.5  An affidavit shall, except as provided by rule 24.01.6, be confined to such facts as the witness is able to prove of the witness’s own knowledge.

24.01.6  On interlocutory proceedings an affidavit may contain statements of information and belief with the sources and grounds of that information and belief.

24.01.7  An affidavit may be sworn before a Justice, a Registrar, a person having authority to administer an oath and to take and receive affidavits for the purposes of the Federal Court of Australia, or the Supreme Court of a State or Territory, or a Justice of the Peace.

24.01.8  The name and title of the person before whom, and the date when and the place where, the affidavit was sworn shall be stated in the jurat.

24.01.9  Where the seal or signature, as the case may be, of a person authorised under rule 24.01.7 to take an affidavit appears on an affidavit, the Court, the Justices and Registrars and Marshal shall take judicial notice of that seal and signature.

24.01.10  An affidavit sworn before:

 (a) a party;

 (b) a partner in a firm which is a party; or

 (c) an employee of a party other than a body politic;

shall not be used in evidence by or on behalf of the party.

24.01.11  Every affidavit shall be signed on each page by the person before whom the affidavit was sworn and, unless rule 24.01.12 applies, by the deponent.

24.01.12  The person before whom an affidavit is to be sworn may attest the affidavit only if:

 (a) for a deponent who is blind or illiterate:

 (i) the affidavit was first read to the deponent in the person’s presence and the deponent appeared perfectly to understand it; and

 (ii) the deponent made his or her signature or mark in the person’s presence; and

 (iii) the person certifies those facts in or below the jurat; or

 (b) for a deponent who has had the assistance of an interpreter:

 (i) the interpreter has sworn that he or she has interpreted accurately to the deponent the contents of the affidavit and the oath administered to the deponent, and that the deponent appeared to understand perfectly the affidavit and the oath; and

 (ii) the person certifies those facts in or below the jurat.

24.01.13  A document referred to in an affidavit shall not be annexed to the affidavit but may be referred to as an exhibit and, if referred to as an exhibit, shall be filed with the affidavit.

24.01.14  An exhibit to an affidavit shall be identified by a separate certificate attached to it bearing the same heading as the affidavit and signed by the person before whom the affidavit is sworn.

24.01.15  The certificate attached to each exhibit to an affidavit shall bear a distinguishing mark for the exhibit and a brief and specific description of the exhibit.

24.02  Subpoenas

24.02.1  No subpoena shall be issued except upon a note from a Justice.

24.02.2  A subpoena to give evidence shall be in Form 10.

24.02.3  A subpoena to give evidence and produce documents shall be in Form 11.

24.02.4  A subpoena shall be served personally.

24.02.5  A subpoena may not be served more than 12 weeks after its issue.

24.02.6  A person named in the subpoena shall be excused from complying with it unless a reasonable time before the date for compliance a sum sufficient to meet that person’s reasonable expenses of complying with the subpoena by attending on the day and at the place nominated together with any documents to be produced has been paid or tendered to that person.

Part 25Mandamus, prohibition, certiorari, habeas corpus and quo warranto

 

25.01  Form of an application for a constitutional or other writ

25.01.1  An application for a constitutional or other writ must:

 (a) be in Form 12; and

 (b) be accompanied by one or more affidavits in support.

25.01.2  The application must be signed:

 (a) by a legal practitioner on behalf of the plaintiff; or

 (b) if the plaintiff is unrepresented—by the plaintiff.

25.01.3  The application:

 (a) must not exceed 12 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

25.02  Time for filing an application for a writ of mandamus or certiorari

25.02.1  An application for a writ of mandamus commanding a person to hear and determine a matter must be filed within 2 months after the day of the refusal to hear.

25.02.2  An application for a writ of certiorari must be filed:

 (a) within 6 months after the day the decision sought to be quashed was made; or

 (b) if any other law requires the application to be filed within a shorter period—within that shorter period.

25.03  Time for service

  An application, together with the affidavits in support, must be served within 7 days from the day the application is filed.

Note: For other rules relating to service, see Part 22.

25.04  Parties to an application

25.04.1  A party who makes an application is a plaintiff, and each other party is a defendant.

25.04.2  A defendant must be referred to in the title of the proceeding:

 (a) if the defendant is an officer of the Commonwealth, and a writ of mandamus or prohibition is sought against the officer—by the name of the office held; or

 (b) in any other case—by name, or by the name of the office held by the defendant, or both.

25.05  Affidavits in support

25.05.1  An affidavit filed in support of an application must:

 (a) state concisely:

 (i) the factual background to the proceeding; and

 (ii) the decision or conduct the subject of the application; and

 (b) if the application is not filed within an applicable time limit, explain the failure to comply with that time limit.

25.05.2  The affidavit or affidavits in support of an application must exhibit such documents as are necessary for the proper determination of the application.

25.06  Time for filing appearance

  An appearance by a defendant must be filed within 14 days from service of the application.

Note: For the requirement to file and serve the appearance, see Part 23.

25.07  Response

25.07.1  A defendant must file and serve a response within 28 days from service of the application.

25.07.2  The response must be in Form 12A.

25.07.3  The response must be signed:

 (a) by a legal practitioner on behalf of the defendant; or

 (b) if the defendant is unrepresented—by the defendant.

25.07.4  The response:

 (a) must not exceed 10 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

25.07.5  If the defendant disputes or seeks to supplement any facts set out in the application or any affidavit in support of the application, the defendant must, at the time of filing the response, file and serve an affidavit setting out those facts.

25.08  Reply

25.08.1  A plaintiff may, within 7 days from service of a response, file and serve a reply.

25.08.2  The reply must be signed:

 (a) by a legal practitioner on behalf of the plaintiff; or

 (b) if the plaintiff is unrepresented—by the plaintiff.

25.08.3  The reply:

 (a) must not exceed 5 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

25.09  Determination of application

25.09.1  The Court or a Justice may dismiss an application, without listing the application for hearing, on the ground that the application does not disclose an arguable basis for the relief sought or is an abuse of the process of the Court.

25.09.2  A Justice may make an order under rule 25.09.1, and may publish reasons for the decision, other than in open court.

Note: For the power of a Justice sitting in Chambers to exercise the jurisdiction of the Court, see section 16 of the Judiciary Act 1903.

25.09.3  Without limiting rule 28.01, on hearing an application the Court or a Justice may:

 (a) if the plaintiff fails to attend the hearing, dismiss the application on that ground or make any other appropriate order; or

 (b) if the application does not disclose an arguable basis for the relief sought or is an abuse of the process of the Court, dismiss the application on that ground; or

 (c) finally determine the whole or a part of the application; or

 (d) refer the whole or a part of the application for further hearing by a Full Court.

25.10  Discontinuance of application

25.10.1  A plaintiff may discontinue an application by filing a notice stating the extent of the discontinuance.

25.10.2  If the discontinuance is with the consent of the other parties, the notice must be indorsed with the consent of each other party.

25.10.3  On the day a notice of discontinuance is filed, the plaintiff must serve a copy of the notice on each other party.

25.10.4  Unless the Court or a Justice otherwise orders, a plaintiff discontinuing an application must pay the costs of each defendant to the time of the discontinuance, and such costs are to be taxed unless agreed.

25.11  Stay

  Without limiting rule 8.07, the Court or a Justice may at any time grant, dissolve or vary a stay of the proceeding to which an application relates.

25.12  Directions by Registrar

25.12.1  At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions.

25.12.2  The Registrar may:

 (a) give directions under rule 25.12.1 without a hearing; or

 (b) at the Registrar’s discretion and at any time, require the parties to an application to attend before the Registrar.

25.13  Writ of mandamus

25.13.1  Unless otherwise ordered by the Court or a Justice, a writ of mandamus must command the person to whom it is addressed to do the act in question or show cause why it has not been done.

25.13.2  A writ of mandamus must be in Form 13.

25.13.3  A writ of mandamus must be served on the person to whom it is addressed.

25.13.4  Unless otherwise ordered by the Court or a Justice, a writ of mandamus must be returnable within 14 days from service of the writ.

25.13.5  The person to whom a writ of mandamus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit stating:

 (a) that the act commanded by the writ has been done; or

 (b) the reason why it has not been done.

25.13.6  If the act commanded by a writ of mandamus has not been done, the Court or a Justice may issue a writ of peremptory mandamus to enforce the command contained in the original writ, or may make any other orders necessary.

25.13.7  If the Court or a Justice directs that the command sought in an application for a writ of mandamus shall be peremptory in the first instance, the command may be expressed in an order of the Court without the issue of a writ and has the same effect as a peremptory writ of mandamus.

25.14  Writ of prohibition

  A writ of prohibition must be in Form 14.

25.15  Writ of certiorari

  A writ of certiorari must be in Form 15.

25.16  Writ of habeas corpus

25.16.1  On application for a writ of habeas corpus, the Court or a Justice may order:

 (a) the production of a detained person, for the purposes of that person’s examination as a witness; or

 (b) the release or other disposition of a person;

without issuing a writ of habeas corpus.

25.16.2  A writ of habeas corpus must be in Form 16.

25.16.3  A writ of habeas corpus or an order made under rule 25.16.1 must be served:

 (a) personally; or

 (b) by leaving the original with an employee, agent or officer of the person to whom the writ or order is addressed at the place where the person is detained.

25.16.4  The person to whom a writ of habeas corpus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit deposing to the ground or grounds of detention of the person named in the writ.

25.17  Writ of quo warranto

  If a person wrongfully claims to hold an office under the Commonwealth, the Court or a Justice may grant an injunction restraining the person from purporting to act in that office and may, if the case so requires, declare the office to be vacant.

Part 26Applications for removal under section 40 of the Judiciary Act 1903

 

26.01  Form of application for removal

26.01.1  An application for an order removing a cause or part of a cause under section 40 of the Judiciary Act 1903 shall:

 (a) be in Form 17; and

 (b) be accompanied by one or more affidavits in support; and

 (c) be served within 7 days after the date on which the application is filed or such further time as the Court or a Justice may, by order, allow.

26.01.2  An application shall be signed:

 (a) by a legal practitioner on behalf of the applicant; or

 (b) if the applicant is unrepresented—by the applicant.

26.01.3  An application:

 (a) must not exceed 12 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

26.02  Affidavits in support

26.02.1  The affidavit or affidavits filed in support of an application for an order for removal must state concisely:

 (a) the court in which the cause is pending and the nature of the cause pending; and

 (b) the factual background to the proceedings; and

 (c) what findings of fact have been made.

26.02.2  The affidavit or affidavits in support of an application for an order for removal must exhibit such documents as are necessary for the proper determination of the application.

26.03  Appearance

  A respondent shall, within 14 days after service of the application, file and serve on the applicant:

 (a) a notice of appearance in Form 7; or

 (b) a submitting appearance in Form 8.

26.04  Response

26.04.1  A respondent shall file and serve a response within 21 days after service of the application.

26.04.2  A response shall be in Form 18.

26.04.3  A response shall be signed:

 (a) by a legal practitioner on behalf of the respondent; or

 (b) if the respondent is unrepresented—by the respondent.

26.04.4  A response:

 (a) must not exceed 10 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

26.04.5  A respondent who disputes any facts set out in the application must, at the time of filing the response, file and serve an affidavit setting out the facts in dispute.

26.05  Reply

26.05.1  An applicant may, within 7 days after service of a response, file and serve a reply.

26.05.2  A reply shall be signed:

 (a) by a legal practitioner on behalf of the applicant; or

 (b) if the applicant is unrepresented—by the applicant.

26.05.3  A reply:

 (a) must not exceed 5 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

26.07  Determination of application

26.07.1  A Full Court may make an order determining an application without listing the application for hearing.

26.07.1A  A Full Court may make an order under rule 26.07.1, and may publish reasons for the decision, other than in open court.

26.07.2  If an application is listed for hearing, a party who is present at the hearing, or a legal practitioner on behalf of a party, may appear and, subject to rule 26.07.3, may present oral argument.

26.07.3  The time allocated to the parties for oral argument on the hearing of an application shall be as the Court orders or, in default of any order, shall be:

 (a) applicant—20 minutes; and

 (b) respondent—20 minutes; and

 (c) applicant in reply—5 minutes.

26.08  Discontinuance of application

26.08.1  An applicant may discontinue an application by filing a notice of discontinuance in Form 25 and serving the notice on the respondent.

26.08.2  Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent’s costs in respect of the application, and such costs shall be taxed, unless agreed.

26.08.3  Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.

26.08.4  Rules 26.08.2 and 26.08.3 apply only to applications for removal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent.

26.09  Deemed abandonment of application by delay

26.09.1  Unless the Court or a Justice or the Registrar otherwise orders or directs, an application is deemed to have been abandoned if the applicant fails to comply with paragraph 26.01.1(c).

26.09.2  On a request by the respondent, the Registrar shall provide a certificate of deemed abandonment and rules 26.08.2, 26.08.3 and 26.08.4, with the necessary adaptations, shall apply.

26.10  Directions by Registrar

26.10.1  At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions.

26.10.2  The Registrar may:

 (a) give directions under rule 26.10.1 without a hearing; or

 (b) at the Registrar’s discretion and at any time, require the parties to an application to attend before the Registrar.

Part 27Writ of Summons

 

27.01  Form of Writ of Summons

  A Writ of Summons shall:

 (a) be in Form 20; and

 (b) bear the date on which it is issued; and

 (c) contain either an indorsement setting out the nature of the claim made and the relief which the plaintiff seeks or a Statement of Claim; and

 (d) state that the time limited for the appearance of a defendant, where service is effected within Australia is 14 days from the date of service on the defendant, and in any other case is 42 days from the date of service on the defendant; and

 (f) not be served more than 12 months after the date on which it is issued or such further time as the Court or a Justice may, by order, allow.

27.02  Form of pleadings

27.02.1  Every pleading shall be divided into paragraphs numbered consecutively.

27.02.2  So far as practicable every pleading shall set out each allegation in a separate paragraph.

27.02.3  A pleading settled by counsel shall be signed by counsel.

27.02.4  A pleading not settled by counsel shall be signed by the solicitor for the party, or if there is none, by the party.

27.03  Filing and serving a Statement of Claim

27.03.1  In every proceeding commenced by Writ of Summons the plaintiff shall file and serve a Statement of Claim.

27.03.2  In any proceeding commenced by an application for a constitutional or other writ, the Court or a Justice may direct the plaintiff to file and serve a Statement of Claim.

27.03.3  In a proceeding commenced by Writ of Summons:

 (a) the plaintiff’s Statement of Claim may be filed and served with the writ;

 (b) if a Statement of Claim is not filed and served with the writ, the plaintiff shall file and serve its Statement of Claim within 21 days after the filing of a notice of appearance, a submitting appearance, or a conditional appearance.

27.04  Contents of a Statement of Claim

  A Statement of Claim:

 (a) shall state the basis on which it is claimed that the matter is within the original jurisdiction of the Court;

 (b) shall contain in a summary form a statement of all the material facts on which the plaintiff relies, but not the evidence by which those facts are to be proved;

 (c) where any claim arises by or under any Act, shall identify the specific provisions relied on; and

 (d) shall contain the necessary particulars of any fact or matter pleaded, including:

 (i) all particulars necessary to enable the opposite party to plead or to define the questions for trial or to avoid surprise at trial; and

 (ii) particulars of any misrepresentation, fraud, breach of trust, wilful default, or like matter; and

 (e) shall state specifically the relief or remedy claimed.

27.05  Pleadings after a Statement of Claim

  In any pleading after a Statement of Claim a party shall plead specifically any fact or matter which:

 (a) it is alleged makes a claim or defence of the opposite party not maintainable;

 (b) if not pleaded specifically might take the opposite party by surprise; or

 (c) raises matters of fact not arising out of the preceding pleading.

27.06  Application for directions

27.06.1  No later than 14 days after the time referred to in paragraph 27.01(d) for a defendant to file a notice of appearance, the plaintiff must file and serve on all other parties (whether or not those parties have appeared) an application for directions.

27.06.2  The application must be in Form 21.

27.06.3  The plaintiff must file and serve with the application an outline of the submissions that the plaintiff wishes to make on the hearing of the application. The outline must:

 (a) state why the matter should not be remitted to another court or, if the plaintiff submits that it should be remitted, identify the Court to which it should be remitted; and

 (b) state what further steps, if any, should be taken in the Court (whether by way of reference of a question of law to a Full Court or otherwise); and

 (c) specify the times by which, and manner in which, further steps in the Court are to be taken; and

 (d) set out the precise terms of the orders which the plaintiff submits should be made on the application.

27.06.4  On hearing the application, a Justice may give such directions for the further conduct of the proceeding as appear necessary or desirable for the just and efficient disposition of the matter.

27.07  Demurrer

27.07.1  A party may demur to a pleading of the opposite party or to so much of that pleading as sets up a distinct cause of action, a distinct and severable claim for damages, or a distinct ground of defence, setoff, counterclaim or reply.

27.07.2  A demurrer shall state whether it is to the whole or part of the claim or pleading of the opposite party, and, if to part, it shall identify that part of the claim or pleading.

27.07.3  A demurrer shall state the ground or grounds in law for the demurrer.

27.07.4  A party may plead and demur to the same matter.

27.07.5  If the claim or defence of a party depends, or may depend, upon the construction of a written document referred to in the pleading, the party demurring may, in its demurrer, set out, or sufficiently identify, the part or parts of the document it alleges are material.

27.07.6  A party demurring to the pleading of the opposite party shall:

 (a) file and serve its demurrer on all other parties to the proceeding, whether or not those parties have appeared; and

 (b) no later than 14 days after the filing of its demurrer, file and serve an application in Form 21 returnable before a Justice seeking directions for the further conduct of the proceeding.

27.08  Questions of law

27.08.1  By leave of the Court or a Justice, the parties to a proceeding may agree in stating the questions of law arising in the proceeding in the form of a special case for the opinion of the Full Court.

27.08.2  The special case shall be divided into paragraphs numbered consecutively.

27.08.3  The special case shall state the facts and identify the documents necessary to enable the Court to decide the questions raised.

27.08.4  Upon the argument of the special case the Court and the parties may refer to the content of the documents identified in the special case.

27.08.5  The Court may draw from the facts stated and documents identified in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

27.08.6  The special case must:

 (a) be prepared by the plaintiff; and

 (b) be signed by the parties or their counsel or their solicitors; and

 (c) be filed and served on each party to the proceeding who has filed an appearance.

27.09  Summary disposition

27.09.1  If, in a proceeding commenced by Writ of Summons, a defendant does not file an appearance within the time limited the plaintiff may apply to a Justice for judgment against that defendant in accordance with this order.

27.09.2  Upon proof of service of the Writ of Summons on the defendant and proof that the defendant has not filed any appearance the Court or a Justice may, without notice to the defendant, give judgment for the plaintiff against that defendant upon the Statement of Claim.

27.09.3  A plaintiff who obtains judgment against a defendant in accordance with this order may enforce the judgment and continue the proceeding against any other defendant.

27.09.5  Where a pleading:

 (a) does not disclose a cause of action or defence;

 (b) is scandalous, frivolous or vexatious;

 (c) may prejudice, embarrass or delay the fair trial of the proceedings; or

 (d) is otherwise an abuse of the process of the Court;

the Court or a Justice may order the whole or part of the pleading be struck out or amended.

27.09.6  On application by a defendant who has filed an appearance the Court or a Justice may at any time give judgment for that defendant against the plaintiff if the defendant has a good defence on the merits.

27.09.7  Where a plaintiff, being required to file a Statement of Claim, fails to do so the Court or a Justice may order that the proceeding is dismissed for want of prosecution.

27.10  Discontinuance and withdrawal

27.10.1  A party who has filed an appearance in a proceeding may withdraw the appearance at any time with the leave of the Court or a Justice.

27.10.2  A plaintiff may discontinue a proceeding or withdraw any part of it:

 (a) before the defendant against whom the proceeding or claim is to be discontinued has filed an appearance; or

 (b) at any time by leave of the Court or a Justice or with the consent of all other parties.

27.10.3  A discontinuance or withdrawal shall be made by filing a notice stating the extent of the discontinuance or withdrawal.

27.10.4  When the discontinuance or withdrawal is with the consent of other parties the notice shall be indorsed with the consent of each party who consents.

27.10.5  The plaintiff must serve the notice of discontinuance on each other party on the day it is filed.

27.10.6  Subject to any contrary order of the Court or a Justice a plaintiff discontinuing a proceeding or withdrawing a claim shall pay the costs of each party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.

Part 28Summary dismissal and other orders

 

28.01  Summary dismissal and other orders

28.01.1  If a plaintiff or applicant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted a proceeding with due diligence, the Court or a Justice may:

 (a) order that the proceeding be dismissed for want of prosecution; or

 (b) fix a time for the doing of an act and, at the same time, order that upon noncompliance the proceeding shall stand dismissed for want of prosecution or, subsequently and in the event of noncompliance, order that it be so dismissed; or

 (c) make any other order as may seem just, including as to the costs of the proceeding.

28.01.2  If a proceeding generally, or any claim in a proceeding:

 (a) does not disclose a cause of action; or

 (b) is scandalous, frivolous or vexatious; or

 (c) is an abuse of the process of the Court; or

 (d) has no reasonable prospect of success;

the Court or a Justice may stay the proceeding or a claim made in the proceeding or may give judgment in the proceeding or in relation to a claim made in the proceeding.

28.01.3  The Court or a Justice may make an order under rule 28.01.1 or 28.01.2:

 (a) on application by a defendant or respondent on notice; or

 (b) of the Court’s or the Justice’s own motion after notice has been given by the Registrar to each plaintiff or applicant.

[End of Chapter 2. Chapter 3 commences with Part 30.]

Chapter 3Election petitions

Part 30Commencing proceedings

 

30.01  Form of petition

  A petition disputing the validity of an election or return shall be in Form 22.

30.02  Publication and advertisement

30.02.1  Forthwith after filing a petition, the petitioner shall publish a copy of the petition in the Commonwealth Gazette and in the official Gazette of the State or Territory in which the election was held.

30.02.2  In addition to the publication required by rule 30.02.1 the petitioner, forthwith after filing a petition concerning the election of a member of the House of Representatives, shall publish in a newspaper circulating in the Electoral Division for which the election was held a notice stating:

 (a) that the petition has been filed;

 (b) the date on which the petition was filed;

 (c) the name of the petitioner;

 (d) the nature of the relief claimed; and

 (e) concisely the grounds on which the election is disputed.

30.02.3  Within 14 days of the later of the publications required by rules 30.02.1 and 30.02.2, the petitioner shall file an affidavit proving the making of those publications and exhibiting a copy of each of the notices as they were published in each of the gazettes and newspaper.

30.03  Address for service

30.03.1  A person who has been returned as a Member or Senator may file a notice in writing signed by the Member or Senator stating an address for service of a petition under these Rules.

30.03.2  The address for service stated under this rule:

 (a) shall be in the State or Territory in which the election was held; and

 (b) if the Member or Senator has appointed a solicitor, shall be the solicitor’s place of business and, if the Member or Senator has not appointed a solicitor, shall be the place of residence of the Member or Senator.

30.04  Service of petition

30.04.1  Within 28 days after filing the petition, or such further time as the Court or a Justice allows, the petitioner shall serve the petition upon every person whose election or return is disputed by the petition and all other parties.

30.04.2  Where the person upon whom the petition is to be served has filed a notice stating an address for service, the petition shall be served at that address.

30.04.3  Where the person upon whom the petition is to be served has not filed a notice stating an address for service, the petition shall be served personally.

Part 31Appearances and parties

 

31.01  Appearances

31.01.1  A notice of appearance shall be in Form 7.

31.01.2  A person returned as a Member or Senator whose election or return is disputed by a petition shall file and serve on the petitioner and any other party notice of appearance to the petition within 14 days after service of the petition.

31.01.3  A person who voted or had a right to vote at the election to which the petition relates may, within 14 days after the publication of the petition in the official Gazette of the State or Territory in which the election was held, file notice of appearance to the petition and shall forthwith serve that notice of appearance on all other parties.

31.02  Parties

  All persons filing notice of appearance to the petition are parties to the proceedings upon the petition and, subject to any contrary order of the Court or a Justice, shall be named in all subsequent proceedings as respondents to the petition.

Part 32Subsequent proceedings

 

32.01  Application for directions

32.01.1  Within 14 days after a person has filed notice of appearance to a petition, the petitioner must file and serve on all parties (whether or not they have appeared) an application for directions.

32.01.2  The application must be in Form 21.

32.01.3  The petitioner must file and serve with the application an outline of the submissions which the petitioner wishes to make on the hearing of the application. The outline must:

 (a) state why the matter should not be remitted to the Federal Court of Australia; and

 (b) state what further steps, if any, should be taken in the Court (whether by way of reference of a question of law to a Full Court or otherwise); and

 (c) specify the times by which, and manner in which, further steps in the Court are to be taken; and

 (d) set out the precise terms of the orders which the petitioner submits should be made on the application.

32.01.4  On the hearing of the application, a Justice may give such directions for the further conduct of the petition as appear necessary or desirable for the just and efficient disposition of the matter.

32.02  Counter charges

  Where a petition claims a seat for a person who has not been returned as a Member or Senator and a respondent wishes to contend that the person for whom the seat is claimed was not duly elected for some reason other than that the person did not have the requisite majority of valid votes, that respondent shall, within 7 days after filing a notice of appearance, or within such further time as the Court or a Justice allows, file and serve on the petitioner a statement of the grounds on which that person intends to rely setting out those grounds in the same manner in which facts relied on to invalidate an election or return are to be set out in a petition.

32.03  Particulars

32.03.1  The Court or a Justice may order a party to deliver to another party particulars, or further and better particulars, of any matter alleged by that party.

32.03.2  When the petition, not being a petition merely claiming a fresh count of the votes actually counted at the election, claims the seat for a person who has not been returned as a Member or Senator, alleging that that person had a majority of valid votes, each party shall within such time as is fixed by the Court or a Justice file and serve on all other parties to the petition a list of the ballotpapers or classes of ballotpapers intended to be claimed or objected to, specifying in the case of ballotpapers objected to, the ground of objection on which it is intended to rely.

32.03.3  An objection shall not be entertained against the validity of a ballotpaper upon a ground not specified in the lists filed and served except by leave of the Court or a Justice and upon such terms as to amendment of the list, adjournment and payment of costs as the Court or Justice orders.

32.04  Notice of trial

32.04.1  The petitioner shall give not less than 14 days’ notice of the day fixed for commencement of the trial of the petition.

32.04.2  The petitioner shall give that notice by serving it on all other parties to the petition and by advertisement in a newspaper circulating in the State, Territory or Electoral Division for which the election was held.

32.04.3  Within 7 days of the publication of the notice required by rule 32.04.2, the petitioner shall file an affidavit proving the making of that publication, exhibiting a copy of the notice as it was published in the newspaper and shall serve a copy of that affidavit and the exhibits to the affidavit on all other parties to the petition.

32.04.4  An order appointing the time and place of trial may be varied from time to time.

32.05  Withdrawal of petition and substitution of another petitioner

32.05.1  A petition may be withdrawn by leave of the Court or a Justice upon such terms as the Court or Justice thinks fit.

32.05.2  The petitioner is to give 14 days’ notice of intention to apply for leave to withdraw a petition by advertisement in a newspaper circulating in the State, Territory or Electoral Division for which the election was held.

32.05.3  At the hearing of an application for leave to withdraw a petition the Court or a Justice may allow any other person who is competent to file a petition on the grounds alleged in the petition to be substituted for the petitioner and the proceedings upon the petition shall be continued as if the person substituted had been the original petitioner.

32.05.4  Where the sole petitioner dies before trial of the petition the Court or a Justice may allow some other person who was competent to file a petition on the grounds alleged in the petition to be substituted for the petitioner and the proceedings upon the petition shall be continued as if the person substituted had been the original petitioner.

[End of Chapter 3. Chapter 4 commences with Part 40.]

Chapter 4Proceedings in the appellate jurisdiction of the Court

Part 40Interpretation and application of Chapter 4

 

40.01  Interpretation

  In Chapter 4 of the Rules, unless the contrary intention appears:

appeal means an appeal to the Court.

appellant, in relation to an appeal, means the person appealing.

applicant, in relation to an application for leave or special leave to appeal, means the person making the application.

application means an application for leave or special leave to appeal to the Court.

court below means the court pronouncing the judgment below.

indictment includes an information or other process setting out the offence with which an applicant was charged before the court first recording a conviction or sentence.

intervener includes a person intervening and a person seeking leave to intervene or to be heard as amicus curiae before the Full Court.

Judge includes a Justice.

judgment includes an order, a conviction and a sentence.

judgment below, in relation to an application, means the judgment from which it is sought to appeal, and in relation to an appeal, means the judgment from which the appeal is brought.

parties, in relation to an application, means an applicant and any respondent who has filed an appearance.

respondent, in relation to an application, means a person who is required to be served with the application, other than the proper officer of the court below, and in relation to an appeal, means a person who has been served with a notice of appeal.

unrepresented applicant means an applicant to an application for leave or special leave to appeal who does not have legal representation.

unrepresented person means an applicant or respondent to an application who does not have legal representation.

40.02  Application of Chapter 2

  Without limiting the operation of Part 6 of the Rules where Chapter 4 does not make adequate provision for the taking of a step in the appellate jurisdiction of the Court, the provisions of Chapter 2 shall be applied with any modification necessary to give proper effect to those Rules in the appellate jurisdiction.

Part 41Applications for leave or special leave to appeal

 

41.01  Initiation of application for leave or special leave to appeal

41.01.1  An application shall be in Form 23 and shall name as parties all those who were parties to the proceeding in the court below at the time of the judgment below.

41.01.2  An application shall be signed:

 (a) by a legal practitioner on behalf of the applicant; or

 (b) if the applicant is unrepresented—by the applicant.

41.01.3  An application:

 (a) must not exceed 12 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

41.01.4  An application shall be accompanied by the following:

 (a) a copy of the sealed order or judgment of the court below;

 (b) a copy of the reasons for the judgment below;

 (c) if the judgment below determines an appeal or reviews a decision:

 (i) a copy of the primary sealed order or judgment or decision; and

 (ii) the reasons (if any) of the primary court or decisionmaker that were before the court below;

 (d) in a criminal case:

 (i) the indictment; and

 (ii) the transcript of entry of a plea of guilty or the summing up or charge; and

 (iii) the transcript of entry of verdict; and

 (iv) the Judge’s remarks on sentencing;

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

41.02  Time for filing application

41.02.1  An application shall be filed within 28 days after the judgment below was pronounced.

41.02.2  If an application is not filed within the time limited by rule 41.02.1, the applicant shall:

 (a) in the application, seek an order that compliance with that time limit be dispensed with; and

 (b) file and serve an affidavit explaining the failure to comply with rule 41.02.1.

41.03  Service

41.03.1  A copy of the application and of the documents required by rule 41.01.4 shall be served on each respondent within 7 days after filing the application.

41.03.2  A copy of the application shall be lodged with the Prothonotary, Registrar or other proper officer of the court below within 7 days after filing the application.

41.03.3  Within 7 days after serving or lodging documents in accordance with rules 41.03.1 and 41.03.2, the applicant shall file an affidavit deposing to the time and manner of that service or lodging.

41.04  Appearance

  A respondent shall, within 14 days after service of the application, file and serve on the applicant:

 (a) a notice of appearance in Form 7; or

 (b) a submitting appearance in Form 8.

41.05  Response

41.05.1  If the applicant is represented by a legal practitioner, a respondent shall file and serve a response within 21 days after service of the application.

41.05.2  If the applicant is unrepresented, any 2 Justices may direct that a respondent file and serve a response. If such a direction is given, the respondent shall file and serve a response within 21 days after the direction is given.

41.05.3  A response shall be in Form 23A.

41.05.4  A response shall be signed:

 (a) by a legal practitioner on behalf of the respondent; or

 (b) if the respondent is unrepresented—by the respondent.

41.05.5  A response:

 (a) must not exceed 10 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

41.06  Reply

41.06.1  An applicant may, within 7 days after service of a response, file and serve a reply.

41.06.2  A reply shall be signed:

 (a) by a legal practitioner on behalf of the applicant; or

 (b) if the applicant is unrepresented—by the applicant.

41.06.3  A reply:

 (a) must not exceed 5 pages; and

 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

41.07  Additional documents

41.07.1  If:

 (a) an applicant is represented by a legal practitioner; and

 (b) a party considers that a document is necessary for the Court’s consideration of the application; and

 (c) the document is not a document required by rule 41.01.4;

the party may file an affidavit that exhibits the document.

41.07.2  The affidavit must:

 (a) set out the reasons for filing the document in addition to the documents required by rule 41.01.4; and

 (b) be served on each other party.

41.08  Determination of application

41.08.1  A Full Court may make an order determining an application without listing the application for hearing.

41.08.1A  A Full Court may make an order under rule 41.08.1, and may publish reasons for the decision, other than in open court.

41.08.2  If an application is listed for hearing, a party who is present at the hearing, or a legal practitioner on behalf of a party, may appear and, subject to rule 41.08.3, may present oral argument.

41.08.3  The time allocated to the parties for oral argument on the hearing of an application shall be as the Court orders or, in default of any order, shall be:

 (a) applicant—20 minutes; and

 (b) respondent—20 minutes; and

 (c) applicant in reply—5 minutes.

41.09  Discontinuance of application

41.09.1  An applicant may discontinue an application by filing a notice of discontinuance in Form 25 and serving the notice on the respondent.

41.09.2  Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent’s costs in respect of the application, and such costs shall be taxed, unless agreed.

41.09.3  Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.

41.09.4  Rules 41.09.2 and 41.09.3 apply only to applications for leave or special leave to appeal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent.

41.10  Deemed abandonment of application by delay

41.10.1  Unless the Court or a Justice or the Registrar otherwise orders or directs, an application is deemed to have been abandoned if the applicant fails to comply with rules 41.03.1 and 41.03.2.

41.10.2  On a request by the respondent, the Registrar shall provide a certificate of deemed abandonment and rules 41.09.2, 41.09.3 and 41.09.4, with the necessary adaptations, shall apply.

41.11  Directions by Registrar

41.11.1  At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions.

41.11.2  The Registrar may:

 (a) give directions under rule 41.11.1 without a hearing; or

 (b) at the Registrar’s discretion and at any time, require the parties to an application to attend before the Registrar.

Part 42Appeals

 

42.01  Institution of appeals

  An appeal shall be instituted by filing a notice of appeal.

42.02  Form of notice of appeal

42.02.1  A notice of appeal shall be in Form 24.

42.02.2  A notice of appeal shall:

 (a) state the name of the court below, or the Judge pronouncing the judgment below, and the date when the judgment below was given;

 (b) where applicable, state the date on which leave or special leave to appeal was granted;

 (c) when leave or special leave has been granted on terms, set out the particulars of those terms;

 (d) state whether the whole, or part only and what part, of the judgment below is appealed from;

 (e) briefly, but specifically, set out the grounds of appeal which shall not depart from those set out in the application for leave or special leave to appeal, unless the Court or a Justice otherwise orders; and

 (f) specify the precise form of order which the appellant contends the Court should make including any special order as to costs.

42.03  Time for filing

  A notice of appeal must be filed within 14 days after the latest of the following:

 (a) the grant of leave to appeal;

 (b) the grant of special leave to appeal;

 (c) the date of the judgment below.

42.05  Service

42.05.1  A notice of appeal shall be served on each person named as a respondent to the appeal within the time limited by rule 42.03.

42.05.2  The Court or a Justice may direct that the notice of appeal be served on any other person who shall thereupon be added as a party to the appeal.

42.05.3  Unless the appeal is from a Justice, a copy of the notice of appeal shall be lodged with the Prothonotary, the Registrar or other proper officer of the court below within the time limited by rule 42.03.

42.05.4  Service of the notice of appeal may be effected in any manner provided by these Rules for the service of documents.

42.05.5  Within 7 days after serving or lodging documents in accordance with rule 42.05.1, 42.05.2 or 42.05.3, the appellant must file an affidavit stating the time and manner of the service or lodgment.

42.06  Appearance

42.06.1  A respondent opposing or intending to appear on the hearing of an appeal shall, within 7 days of service of the notice of appeal, file and serve on the appellant a notice of appearance.

42.06.2  A respondent’s notice of appearance shall be in Form 7.

42.06.3  A respondent willing to submit to any order that the Court may make, save as to costs, may file a submitting appearance in Form 8.

42.07  Change of parties to an appeal

42.07.1  Where, at any stage of an appeal, the interest or liability of a party is assigned or transmitted to another person, whether on death, bankruptcy or for some other reason, the Court or a Justice may order that the other person be added as a party or made a party in substitution for the original party and that the appeal be carried on as so constituted.

42.07.2  The person on whose application an order is made under rule 42.07.1 shall serve the order on every party to the appeal and on any person who ceases to be a party or becomes a party under the order.

42.07.3  Where a person is added as a respondent by an order made under rule 42.07.1 the notice of appeal shall be served on that person in accordance with rule 42.05.

42.07.4  Where, after an appeal is commenced, a party becomes a person under a disability, the Court or a Justice may appoint a person to be litigation guardian for the person under a disability and make such other order, whether of a kind referred to in rule 21.08 or otherwise, as may be necessary or appropriate.

42.08  Crossappeal

42.08.1  A respondent who wishes to appeal from a part of the judgment below, or who seeks a variation of part of that judgment may, within 7 days after service upon that respondent of the notice of appeal, file a notice of crossappeal.

42.08.2  A notice of crossappeal shall:

 (a) be in Form 26;

 (b) state what part of the judgment below the respondent crossappeals from, or contends should be varied;

 (c) briefly, but specifically, set out the grounds relied upon in support of the crossappeal; and

 (d) specify the relief which the respondent seeks in place of the order of the court below or the variation of that order which the respondent seeks.

42.08.3  Rules 42.14 and 42.15 apply with the necessary adaptation to a crossappeal.

42.08.4  A crossappellant will be entitled to proceed with the crossappeal only if special leave, which may be sought when the appeal is called on for hearing, is granted.

42.08.5  Where a respondent does not seek a discharge or variation of a part of the judgment actually pronounced or made, but contends that the judgment ought to be upheld on the ground that the court below has erroneously decided, or has failed to decide, some matter of fact or law, it is not necessary to give a notice of crossappeal, but that respondent shall file and serve, within the time limited by rule 42.08.1, a notice of that contention in Form 27.

42.08A  Application for leave to intervene or to be heard as amicus curiae

  An application for leave to intervene or to be heard as amicus curiae must be made by filing and serving written submissions in accordance with rule 44.04.

42.09  Stay of proceedings

  Unless the Court or a Justice otherwise orders, an appeal shall not operate as a stay of proceedings.

42.10  Documents

  Unless a Justice or the Registrar otherwise orders, the appellant must, when the notice of appeal is filed, file a list of all exhibits tendered before the primary judge and the court below.

42.13  Preparation and filing of core appeal books

42.13.1  Unless a Justice or the Registrar otherwise orders or directs, the core appeal book must be prepared by the appellant in accordance with this rule.

42.13.2  The contents of the core appeal book must be arranged in the following order:

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

 (i) if a decision of a tribunal is the subject of review—the decision and any reasons for the decision;

 (ii) reasons of the primary court;

 (iii) sealed order or judgment of the primary court;

 (b) in a criminal case—documents in the primary court, arranged in the following order:

 (i) indictment;

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

 (iii) transcript of entry of verdict;

 (iv) Judge’s remarks on sentencing;

 (c) 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;

 (iv) the index to the appeal book or documents before the court below;

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

 (i) the order granting leave or special leave to appeal or referring the application to an enlarged Court;

 (ii) the notice of appeal;

 (iii) any notice of crossappeal filed in accordance with rule 42.08;

 (iv) any submitting appearance filed by a respondent;

 (e) any other document directed by the Registrar to be included in the core appeal book.

42.13.3  The core appeal book must be reproduced by a process that gives uniform copies of pages in a clear and legible type.

42.13.4  The pages of the core appeal book must be numbered consecutively.

42.13.5  The pages of the core appeal book must be international size A4 and must be reproduced in separate volumes of not more than 500 pages.

42.13.6  Each volume of the core appeal book must include:

 (a) a title page setting out the following:

 (i) the full and correct title of the proceedings, including the title of the court below;

 (ii) the volume number;

 (iii) the names of the solicitors for each party; and

 (b) after the title page, an index consisting of a complete list of documents included in the core appeal book stating:

 (i) the page of the book on which each document starts; and

 (ii) if there are 2 or more volumes, subheadings marking the appropriate volume numbers.

42.13.7  Each page of the core appeal book must have a 2.5 cm margin on each side and every tenth line must be numbered in the left margin.

42.13.9  The core appeal book must be prepared and produced in a manner satisfactory to the Registrar.

42.13.10  Unless a Justice or the Registrar otherwise orders or directs, the appellant must, within 21 days after filing the notice of appeal:

 (a) file the core appeal book; and

 (b) serve the core appeal book on each respondent who has filed a notice of appearance.

42.14  Discontinuance of appeal

42.14.1  An appellant may discontinue an appeal by filing a notice of discontinuance in Form 25 and by serving the notice on the respondent.

42.14.2  Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an appellant who discontinues an appeal shall pay the respondent’s costs in respect of the appeal, and such costs shall be taxed, unless agreed.

42.14.3  Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.

42.15  Directions by Registrar

42.15.1  At any time after the filing of the notice of appeal, the Registrar may give directions as to any matter which appears to the Registrar to be a convenient matter upon which to give directions.

42.15.2  The Registrar may give directions under rule 42.15.1 without any hearing, or, at the Registrar’s discretion, may, at any time, require the parties to attend before the Registrar.

42.16  Dismissal for want of prosecution

42.16.1  When an appellant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted the appeal with due diligence, the Court or a Justice may:

 (a) order that the appeal shall be dismissed for want of prosecution;

 (b) fix a time for the doing of an act and, at the same time, order that upon noncompliance the appeal shall stand dismissed for want of prosecution or, subsequently and in the event of noncompliance, order that it be so dismissed; or

 (c) make any other order as may seem just.

42.16.2  The Court or a Justice may make an order under rule 42.16.1:

 (a) on application by a respondent on notice; or

 (b) of its own motion after notice has been given by the Registrar to the appellant.

42.16.3  An order under rule 42.16.1 (b) may be varied at any time before the appeal stands dismissed for want of prosecution and, in special circumstances, may be varied or revoked after that time.

42.17  Appeal without notice

  An appeal from the refusal by a Justice of an application made without notice to any other party shall be brought within the time and in the manner prescribed by Part 42, except that if there is no person interested in resisting the application, or affected by the relief sought, service of the notice of appeal and of other process or notices is not required.

Part 44Written and oral submissions

 

44.01  Application and definitions

44.01.1  This Part applies to:

 (a) appeals; and

 (b) applications for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal.

44.01.2  In this Part:

appellant includes a moving party before the Full Court.

respondent includes a defendant or other party opposing before the Full Court.

44.02  Written submissions and further material—appellant

44.02.1  Unless otherwise directed by the Court or a Justice the appellant must, within 49 days after the grant of special leave or referral of an application to an enlarged Court:

 (a) file its written submissions, not exceeding 20 pages, and chronology; and

 (b) serve each document on the respondent and any intervener.

44.02.2  The appellant’s written submissions must be in Form 27A.

44.02.3  The appellant’s chronology must be in Form 27B.

44.02.4  If the appellant refers in its written submissions to any material before the lower court or the primary Judge or tribunal (including oral and documentary evidence) that is not reproduced in the core appeal book that counsel intends to refer to in oral submissions, the appellant must:

 (a) file, with its written submissions, an indexed book of the further material; and

 (b) serve, with its written submissions, the indexed book of the further material on the respondent and any intervener.

44.03  Written submissions and further material—respondent

44.03.1  Unless otherwise directed by the Court or a Justice, the respondent must, within 28 days after service of the appellant’s written submissions:

 (a) file its written submissions, not exceeding 20 pages; and

 (b) serve the written submissions on the appellant and any intervener.

44.03.2  The respondent’s submissions must address all submissions made by the appellant and by any interveners supporting the interests of the appellant.

44.03.3  The respondent’s written submissions must be in Form 27D.

44.03.4  If the respondent refers in its written submissions to any material before the lower court or the primary Judge or tribunal (including oral and documentary evidence) that is not reproduced in the core appeal book or in the appellant’s book of further material that counsel intends to refer to in oral submissions, the respondent must:

 (a) file, with its written submissions, an indexed book of the respondent’s further material; and

 (b) serve, with its written submissions, the indexed book of the respondent’s further material on the appellant and any intervener.

44.04  Written submissions—interveners

44.04.1  Unless otherwise directed by the Court or a Justice an intervener must:

 (a) file its written submissions, not exceeding 20 pages; and

 (b) serve the written submissions on each party and any other intervener.

44.04.2  Unless otherwise directed by the Court or a Justice, an intervener must file and serve its written submissions within 14 days after written submissions by the party in support of whom the intervention is to be made are filed.

44.04.3  An intervener who intervenes in support of more than 1 party or without supporting any party must file and serve its written submissions within 14 days after the respondent’s written submissions are filed.

44.04.4  An intervener’s written submissions must be in Form 27C.

44.05  Written submissions in reply

44.05.1  The appellant may file a single written submission of no more than 5 pages in reply to all submissions made by:

 (a) the respondent (including submissions made by the respondent on any notice of crossappeal); and

 (b) interveners supporting the interests of the respondent.

44.05.2  Unless otherwise directed by the Court or a Justice, the appellant’s written submissions in reply must be filed and served within 21 days after the respondent’s written submissions are filed.

44.05.3  The respondent may file a single written submission of no more than 5 pages in length in reply to submissions made by appellant about any notice of crossappeal.

44.05.4  Unless otherwise directed by the Court or a Justice, the respondent’s written submissions in reply must be filed and served within 7 days after the appellant’s written submissions in reply are filed.

44.05.5  Written submissions in reply must be in Form 27E.

44.06  Form of written submissions

  A written submission must:

 (a) be typed in 12 point Times New Roman with line spacing of 1.5 lines; and

 (b) include footnotes typed in at least 10 point Times New Roman; and

 (c) include annotations to the documents reproduced in the core appeal book and any books of further material filed by the parties; and

 (d) be signed by:

 (i) the senior legal practitioner who is to present the case in Court; or

 (ii) if a party is unrepresented—the party; and

 (e) include the name, telephone number and fax number or email address of the signatory and the date of filing.

44.07  Publication of written submissions and chronology

44.07.1  A written submission and a chronology must:

 (a) include a certification that the submission and chronology is in a form suitable for publication on the Internet; or

 (b) be accompanied by a redacted form of the submission and chronology suitable for publication on the Internet.

44.08  Outline of oral submissions

44.08.1  No later than the commencement of oral argument for a party or intervener, the party or intervener must give the Court, and other parties and interveners, an outline of the propositions that the party or intervener intends to advance in oral argument:

 (a) of no more than 3 pages; and

 (b) stated sequentially; and

 (c) related to the written submissions filed for the party or intervener.

44.08.2  The outline of oral submissions must be in Form 27F.

[End of Chapter 4. Chapter 5 commences with Part 50.]

Chapter 5Costs

Part 50General

 

50.01  Costs in the discretion of the Court

  Subject to the provisions of any law of the Commonwealth and to these Rules, the costs of and incidental to all proceedings in the Court are in the discretion of the Court or a Justice.

50.02  Methods of assessment

50.02.1  The Court or a Justice may order that costs:

 (a) be taxed;

 (b) be fixed in an amount specified in the order or by these Rules; or

 (c) be assessed by such other method as the Court or a Justice directs.

50.02.2  Unless the Court or a Justice orders that costs be fixed or assessed, a party entitled to costs shall be entitled:

 (a) to costs taxed in accordance with these Rules; and

 (b) to tax those costs without an order for taxation.

50.03  Causes removed

  Where a cause, or part of a cause, is removed into the Court, the costs in the court below shall be costs in the cause.

50.04  Order for proportion of costs

  Where the Court or a Justice awards costs to a party, the Court or Justice may direct payment of only a proportion of the costs determined in accordance with these Rules.

50.05  Default by practitioners

50.05.1  Where a hearing cannot conveniently proceed because counsel or the solicitor for a party:

 (a) has neglected to attend personally or by some proper person; or

 (b) has omitted to deliver a document necessary for the use of the Court or a Justice and which, according to the practice of the Court or these rules, ought to have been delivered;

the Court or a Justice may order the counsel or solicitor concerned personally to pay some or all of the costs incurred by some or all of the parties.

50.05.2  The Court or a Justice may, after reference to and report by the Taxing Officer, order counsel or a solicitor to repay to a client costs ordered to be paid by that client to another party where those costs were incurred by that party in consequence of the delay or misconduct of the counsel or solicitor.

Part 51Costs of interlocutory applications

 

51.01  Costs reserved

  Where the costs of an application are reserved by the Court or a Justice, and no order is later made directing by and to whom those costs are to be paid, the costs shall be costs in the cause.

51.02  Costs of applications in a matter

51.02.1  Unless the Court or a Justice otherwise orders, the costs of an application in a matter shall be part of the costs of the cause of the party in whose favour the application is determined unless the application is unopposed.

51.02.2  Where an application in a matter is unopposed, the costs of both parties shall be part of their costs of the cause unless the Court or a Justice otherwise orders.

51.03  Interlocutory costs included in final judgment

51.03.1  All costs to which a party is entitled under an interlocutory order made in a matter shall be included in the final judgment when it is entered, unless the costs have then been paid.

51.03.2  An order for costs of an interlocutory proceeding shall not entitle a party, unless the Court or a Justice otherwise orders, to have the costs taxed until the principal proceeding in which the interlocutory order is made is concluded.

Part 52Scale of costs

 

52.01  Fixed costs

  Subject to these Rules, where the Court or a Justice orders that costs fixed in an amount specified in the order or in these Rules are to be paid:

 (a) those costs shall not be taxed; and

 (b) the solicitor for the party in whose favour the order is made is entitled to charge and be allowed an amount not exceeding that sum in respect of the matter or part of a matter dealt with by that order.

52.02  Costs other than fixed costs

  Subject to these Rules, where rule 52.01 does not apply, solicitors are entitled to charge and to be allowed the fees set out in Schedule 2 in respect of the matters referred to in that Schedule, and higher fees shall not be allowed in any case except as these Rules provide.

Part 53Taxing Officers

 

53.01  Interpretation

  Each Registrar is a Taxing Officer.

53.02  Taxation by Taxing Officer

  Bills of costs which are to be taxed shall be taxed, allowed and certified by a Taxing Officer.

53.03  Taxing Officers to assist each other

  Taxing Officers shall assist each other and, in the discharge of their duties and for the proper dispatch of the business of their respective offices, a Taxing Officer may tax, or assist in the taxation, of a bill of costs which has been referred to another Taxing Officer for taxation, and may review or assist in the reconsideration of a taxation in accordance with rule 57.03.

53.04  Powers of a Taxing Officer

53.04.1  For the purpose of taxation of costs, a Taxing Officer may:

 (a) examine witnesses either orally or upon affidavit;

 (b) administer oaths;

 (c) direct or require the production of books, papers and documents;

 (d) require the attendance of witnesses;

 (e) make separate or interim certificates;

 (f) require any party to be represented by a separate solicitor; and

 (g) do such other acts and direct or take all such other steps as are directed by these Rules or by the Court or a Justice.

53.04.2  Where a party entitled to costs refuses or neglects to have those costs taxed, and thereby prejudices another party, the Taxing Officer may, so as to prevent another party being prejudiced by that refusal or neglect:

 (a) certify the costs of the other party and the refusal or neglect; or

 (b) allow a nominal or other sum to the party refusing or neglecting to have that party’s costs taxed.

53.04.3  Where, in proceedings before the Taxing Officer, a party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense, the Taxing Officer may exercise the powers set out in rule 53.04.2.

53.04.4  A Taxing Officer may limit or extend any time for taking any step in a taxation whether or not the time for taking that step has expired.

53.05  Attendance of parties

  On any taxation of costs the Taxing Officer may:

 (a) direct which parties are to attend the taxation;

 (b) direct which parties are to be served with the bill of costs; and

 (c) disallow the costs of any party whose attendance at the taxation the Taxing Officer considers to have been unnecessary.

Part 54Commencing taxation of costs and content of bill

 

54.01  Commencing taxation

  Taxation of costs is commenced by the party whose costs are to be taxed:

 (a) filing the bill of costs to be taxed; and

 (b) within 7 days after filing the bill, serving the bill on the party liable to pay the costs.

54.02  Content of bill

54.02.1  A bill of costs shall be prepared in Form 28 showing:

 (a) each item consecutively numbered;

 (b) the date on which each item was incurred;

 (c) particulars of the service charged for and of the item or items in the Schedule used to fix the charge;

 (d) disbursements; and

 (e) professional charges.

54.02.2  Professional charges shall be entered in a separate column from the disbursements.

54.02.3  At the end of the bill, a bill of costs shall state the total of the costs claimed and the total of the column of professional charges and the total of the column of disbursements.

54.02.4  Every bill of costs shall contain or be accompanied by proof of payment of all disbursements claimed.

54.02.5  Every bill of costs shall be endorsed with the name and address of:

 (a) the solicitor by whom it is filed;

 (b) in agency matters, the principal solicitor; and

 (c) any solicitor who is entitled or intended to participate in the costs to be taxed.

Part 55Taxation of costs—General

 

55.01  General principle

  On every taxation, the Taxing Officer shall allow all such costs, charges and expenses as appear to the Taxing Officer to have been necessary or proper for the attainment of justice or for maintaining or defending the rights of a party, but, except as against the party who incurred them, costs shall not be allowed which appear to the Taxing Officer to have been incurred or increased:

 (a) through overcaution, negligence or mistake;

 (b) by payment of special fees to counsel or special charges or expenses whether to witnesses or others; or

 (c) by other unusual expenses.

55.02  Special allowances

  In the case of:

 (a) special cases;

 (b) cases stated or questions reserved under an Act; and

 (c) pleadings;

the Taxing Officer may, in lieu of the allowances fixed by these Rules, make such allowance for work, labour and expenses in or about the preparation of the documents as the Taxing Officer thinks proper.

55.03  No fee prescribed

  Where a step in a matter has required skill and labour in respect of which no fee has been prescribed, the Taxing Officer may allow such special fee as the Taxing Officer thinks fit.

55.04  Duplication of fees

  Only one fee shall be allowed for taking a step for or against more than one party unless the charging of a separate fee was necessary and proper.

55.05  Fees not provided for

  Such sum shall be allowed as the Taxing Officer thinks just and reasonable having regard to all the circumstances of the case for work and labour properly performed and not specifically provided for by these Rules but in respect of which, in the opinion of the Taxing Officer, an allowance should be made.

Part 56Taxation of costs—Particular items

 

56.01  Instructions

  If the Taxing Officer, on special grounds, considers a fee set out in Schedule 2 for instructions to be inadequate, the Taxing Officer may make such further allowance as the Taxing Officer considers reasonable.

56.02  Preparing documents (other than court books)

  The fees set out in Schedule 2 for preparing a document (other than court books) include the following:

 (a) typing the document;

 (b) printing the document;

 (c) posting the document;

 (d) faxing the document;

 (e) emailing the document;

 (f) scanning the document;

 (g) lodging the document;

 (h) any other administrative task relating to the preparation, transmission (by any means) or lodgment of the document.

No additional amount will be allowed for such administrative tasks.

56.03  Evidence

  Such just and reasonable charges and expenses as appear to have been properly incurred in procuring evidence and the attendance of witnesses shall be allowed.

56.04  Evidence by affidavit

56.04.1  Where there are several deponents to an affidavit to be sworn or it is necessary for the purpose of an affidavit being sworn to go to a distance or to employ an agent, the Taxing Officer shall make such reasonable allowance as the Taxing Officer thinks fit.

56.04.2  The allowances for instructions for and preparing an affidavit include all attendances on the deponent to settle and read over the affidavit.

56.05  Copies

  The Taxing Officer shall allow only the copying of such documents or parts of documents accompanying briefs as the Taxing Officer considers necessary for the proper instruction of counsel or for use at the hearing.

56.06  Reading or examining documents

56.06.1  Fees for reading or examining documents do not apply where the same solicitor acts for both parties.

56.06.2  The fees for reading or examining any document are in the discretion of the Taxing Officer, but no allowance is to be made unless it is shown to the satisfaction of the Taxing Officer that there were good and sufficient reasons for reading or examining the document.

56.07  Agency matters

56.07.1  The Taxing Officer may make special allowance in respect of agency correspondence that is special and extensive.

56.07.2  The Taxing Officer shall allow the necessary expense in agency matters of postage, carriage and transmission of documents.

56.08  Orders

  The Taxing Officer may make such allowance as is reasonable in respect of the preparation and settling of judgments and orders.

56.09  Counsel

56.09.1  The Taxing Officer shall allow such costs as the Taxing Officer considers reasonable for procuring the advice of counsel and for preparing such documents as the Taxing Officer thinks proper to be prepared by counsel.

56.09.2  Where a practitioner acts as both barrister and solicitor, or as counsel, instructed by another practitioner in the same firm or other legal office acting as solicitor, the Taxing Officer shall, in cases where a fee would have been allowed to independent counsel, allow to the practitioner such sum as a counsel’s fee for preparing any document or appearing as counsel as the Taxing Officer considers reasonable in the circumstances.

56.09.3  Subject to rules 56.09.4, 56.09.5 and 56.09.6, no disbursement, whether as a fee to counsel or otherwise, shall be allowed unless:

 (a) it has been paid before the filing of the bill of costs; and

 (b) unconditional payment of the disbursement is proved to the satisfaction of the Taxing Officer.

56.09.4  Where a party is represented as counsel by a Law Officer or by an employee of the Crown, and the party is unable to vouch payment of a fee to that practitioner, the Taxing Officer may, in cases where a fee would have been allowed to counsel, allow to the party such sum as counsel’s fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances.

56.09.5  Where a party is represented by counsel appearing without fee, and the party is unable to vouch payment of a fee to counsel, the Taxing Officer may, in cases where a fee would have been allowed to counsel, allow to the party such sum as counsel’s fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances.

56.09.6  If a fee would have been allowed to counsel for preparing a document or for appearing as counsel, the Taxing Officer may allow to a party a sum the Taxing Officer considers reasonable as counsel’s fee if:

 (a) the party is represented by counsel; and

 (b) the party is unable to provide proof of payment of the fee to counsel; and

 (c) the party’s solicitor gives an unconditional undertaking to the Court to pay the fee from any costs recovered.

56.10  Experts

  The allowances in respect of fees to any expert whose aid or assistance is obtained shall be regulated by the Taxing Officers.

56.11  Costs of particular parties

56.11.1  Where it is ordered that costs shall be paid or retained out of any fund or estate, the Court or a Justice may direct out of what portion or portions of that fund or estate the costs are to be paid.

56.11.2  Where the Court or a Justice appoints a solicitor or public trustee to be litigation guardian of a person, the Court or Justice may direct that the costs to be incurred in the performance of the duties of litigation guardian shall be borne and paid:

 (a) by the parties or one or more of the parties; or

 (b) out of any fund in Court in which the person may be interested;

and may give such directions for the repayment or allowance of the costs as the Justice thinks fit.

56.11.3  When a solicitor acts as litigation guardian without any order of the Court or a Justice appointing the solicitor as guardian, the costs incurred in the performance of the duties of that office are in the discretion of the Court or a Justice.

56.12  Disallowance of unnecessary costs

56.12.1  The Court or a Justice may of its own motion or on application by any party:

 (a) direct that any costs which have been improperly, unreasonably or negligently incurred be disallowed; or

 (b) direct a Taxing Officer to examine the costs incurred in a proceeding or in taking a step in the proceeding and to disallow such costs as the Taxing Officer finds to have been improperly, unreasonably or negligently incurred.

56.12.2  Where costs are disallowed pursuant to rule 56.12.1, the party whose costs are disallowed shall pay to each other party the costs incurred by those parties in relation to the proceeding or step in respect of which the party’s costs have been disallowed.

56.12.3  Without limiting the generality of rules 56.12.1 or 56.12.2, the Taxing Officer shall disallow any costs which the Taxing Officer finds to have been improperly, unreasonably or negligently incurred.

56.13  Costs of application for extension of time

56.13.1  Costs of an application for consent to an extension of time for taking any step in a proceeding are in the discretion of the Taxing Officer.

56.13.2  The Taxing Officer shall not allow the costs of more than one extension of time unless satisfied that the extension was necessary and could not, with due diligence, have been avoided.

56.13.3  The costs of an application to extend time shall not be allowed unless the party making the application has previously applied to the opposite party to consent to a sufficient extension of time and the opposite party has not consented, or the Taxing Officer considers that there was a good reason for not making application to the opposite party.

Part 57Assessment, taxation and review of taxation

 

57.01  Assessment

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.

57.01.2  If a party has indorsed a bill with a request under rule 57.01.1:

 (a) the party filing the bill must, within 7 days after filing the bill, serve the bill and each of the documents referred to in rule 54.02.4 on each other party to the taxation; and

 (b) the party filing the bill must, within 7 days after filing the bill, file an affidavit deposing to the time and manner of the service required by paragraph (a); and

 (c) the Taxing Officer must not make the estimate requested until at least 14 days after the bill is filed.

57.01.3  The Taxing Officer will notify each party to the taxation, in writing, of the estimate made under rule 57.01.1.

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.

57.02  Objections to bill

57.02.1  Subject to rule 57.01, a party on whom a bill of costs is served may by notice object to any item in the bill.

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.

57.02.4  Where no objection to a bill is made in accordance with these Rules, the Taxing Officer may allow or disallow the amount of the costs in the bill in whole or in part.

57.03  Reconsideration of taxation

57.03.1  Any party dissatisfied with the allowance or disallowance by the Taxing Officer in a bill of costs of the whole or a part of any item may, at any time before the Taxing Officer’s certificate is signed apply to the Taxing Officer for reconsideration of that item or part.

57.03.2  Application under rule 57.03.1 for reconsideration of an item or part of an item shall, be made by:

 (a) filing and delivering to the other party interested in the allowance or disallowance a notice in writing objecting to the allowance or disallowance specifying each item or part of item to which objection is made and the grounds and reasons for the objection; and

 (b) applying to the Taxing Officer to reconsider the taxation in respect of those items or parts.

57.03.3  Pending consideration and determination of the objection, the Taxing Officer may issue a certificate of taxation for or on account of the remainder or of a part of the bill of costs and any further certificate which may be necessary shall be issued by the Taxing Officer after decision of the objections.

57.03.4  Upon application under rule 57.03.1 to reconsider the taxation, the Taxing Officer shall reconsider and review the taxation in relation to the objections and may, if the Taxing Officer thinks fit, receive further evidence in respect of the objections.

57.03.5  If required by a party, the Taxing Officer shall state in the certificate of taxation by reference to the objection the grounds and reasons of decision on the objection and any special fact or circumstance relating to that decision.

57.03.6  The Taxing Officer may tax the costs of the objections and add them to or deduct them from any sum payable by or to a party to the taxation.

57.03.7  Except as provided by this rule the Taxing Officer shall not, after a certificate is signed, review the taxation or amend the certificate other than to correct, before payment or process is issued for recovery of the costs, a clerical or manifest error.

57.04  Certificate and taxing fee

57.04.1  At the conclusion of each taxation of costs:

 (a) the Taxing Officer shall state the total amount allowed on the taxation;

 (b) the taxing fee shall be due and payable.

57.04.2  Unless the parties otherwise agree, the Taxing Officer shall not sign a Certificate of Taxation until not less than 14 days after the conclusion of the taxation.

57.04.3  A certificate of taxation shall:

 (a) be in Form 29;

 (b) be prepared by or under the direction of a Taxing Officer; and

 (c) certify the total amount of the costs allowed on taxation.

57.04.4  A certificate of taxation shall not be signed until the taxing fee has been paid.

57.05  Review of taxation

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.

57.05.2  An application under rule 57.05.1 shall be made by filing and serving an application in Form 21 together with an affidavit in support setting out the evidence that was before the Taxing Officer in relation to the item or items concerned.

57.05.3  The Justice may make such order on the review as the Justice thinks fit.

57.05.4  The certificate of the Taxing Officer is final and conclusive as to all matters which have not been objected to in accordance with rule 57.05.1.

57.05.5  An application under rule 57.05.1 shall be heard and determined by the Justice upon the evidence which was before the Taxing Officer and no further evidence shall be received upon the hearing of the application unless the Justice otherwise directs.

Part 58Costs of taxation

 

58.01  Costs of preparing and taxing bill

  The Taxing Officer shall fix the costs of preparing and taxing a bill of costs.

58.02  Costs and the Taxing Officer’s estimate

58.02.1  Rule 58.02.1A applies if:

 (a) a Taxing Officer has made an estimate under rule 57.01; and

 (b) a party (the filing party) has filed a notice of dispute or a notice of objection, in accordance with rule 57.01, in relation to the estimate.

58.02.1A  If, after taxation of the bill, the total of the professional charges and disbursements allowed:

 (a) is varied in the filing party’s favour by onesixth or more—the costs of, and incidental to, the taxation that the Taxing Officer considers reasonable must be paid by such party as the Taxing Officer directs; or

 (b) is not varied in the filing party’s favour by onesixth or more—the filing party must pay the costs of, and incidental to, the taxation (including any taxing fee).

58.02.2  An amount paid into the High Court of Australia Suitors’ Fund as security for the costs of the taxation shall be paid out, after the hearing and determination of any application for reconsideration of a taxation and any review of the taxation, or where no reconsideration or review is sought, after the expiration of the time limited for the taking of those steps as the Taxation Officer sees fit.

58.03  Reduction by onesixth

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 onesixth 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.

58.04  Amount allowed less than amount offered

  If, before the Taxing Officer certifies the total amount of costs allowed on a taxation of costs, the party liable to pay those costs offers in writing to pay a stated amount for the costs of the party entitled to the costs, and if the total amount certified is less than the amount offered:

 (a) no costs shall be allowed to the party entitled to the costs for any step in the taxation taken after the date on which the offer was made; and

 (b) the Taxing Officer may order the party entitled to the costs or the solicitor who prepared the bill to pay some or all of the costs of or incidental to the taxation which were incurred by the party liable to pay the costs.

Part 59Security for costs

 

59.01  Security for costs

  The Court or a Justice may, at any time on the application of a defendant or respondent to any proceeding in the Court, other than an application for special leave to appeal, order that a party who instituted the proceeding give security, within a time fixed by the order and in such amount as the Court or a Justice may fix, for the prosecution of the proceeding without delay and for the payment of such costs as may be awarded by the Court to that defendant or respondent.

59.02  Giving security

59.02.1  Security may be given by payment into Court or in such manner as the Registrar may approve.

59.02.2  The party instituting the proceeding shall, upon giving any security, forthwith serve upon the party having the benefit of the order written notice of the time when, and manner in which, the security was given.

59.03  Failure to give security

  If security is not given in accordance with an order that it be given, the Court or a Justice may, on the application of the party having the benefit of the order, direct that the proceeding be dismissed and enter judgment accordingly.

59.04  Variation of order for security

  In any case, the Court or a Justice may reduce or increase the amount of security, or otherwise vary or rescind an order already made relating to security.

Chapter 6Transitional provisions

Part 61Transitional provisions relating to the High Court Amendment (Electronic Filing and Other Matters) Rules 2019

 

61.01  Application of amendments relating to electronic filing

  Unless the Registrar otherwise directs, the amendments made by Schedule 1 to the High Court Amendment (Electronic Filing and Other Matters) Rules 2019 apply in relation to a proceeding that commences on or after 1 January 2020.

61.02  Forms

  Unless the Registrar otherwise directs, the amendment made by Schedule 2 to the High Court Amendment (Electronic Filing and Other Matters) Rules 2019 applies in relation to a document that is to be filed in a proceeding that commences on or after 1 January 2020.

61.03  Repeal of this Part

  This Part is repealed at the start of 1 January 2025.

Part 62Transitional provisions relating to the High Court Amendment (2023 Measures No. 1) Rules 2023

 

62.01  Amendments relating to the publication of reasons for decisions

  Unless the Registrar otherwise directs, the amendments made by Part 1 of Schedule 1 to the High Court Amendment (2023 Measures No. 1) Rules 2023 apply in relation to an order that is made on or after 1 December 2023.

62.02  Amendments relating to application books

  Unless the Registrar otherwise directs, the amendments made by Part 2 of Schedule 1 to the High Court Amendment (2023 Measures No. 1) Rules 2023 apply in relation to an application that is filed on or after 1 December 2023.

62.03  Amendments relating to notices of appeal

  Unless the Registrar otherwise directs, the amendment made by Part 3 of Schedule 1 to the High Court Amendment (2023 Measures No. 1) Rules 2023 applies in relation to a notice of appeal that is filed on or after 1 December 2023.

62.04  Repeal of this Part

  This Part is repealed at the start of 1 December 2024.

Schedule 2Fees for work done and services performed

 

Note: See rule 52.02.

1  Application of this Schedule

  This Schedule, as substituted by the High Court Amendment (Fees) Rules 2023, applies to work done or services performed on or after 1 January 2024.

2  Fees for work done and services performed

  The following table sets out the fees allowable for work done and services performed.

 

Fees for work done and services performed

Item

Matter for which fee may be charged

Fee

 

INSTRUCTIONS

 

1

Instructions to commence or oppose a proceeding

$625.90

2

Instructions to make or oppose any interlocutory application

$312.90

3

Instructions to prepare any pleading

$312.90

4

Instructions to brief counsel

$312.90

5

Instructions to do any other thing not otherwise provided for

$312.90

 

PREPARING DOCUMENTS

 

6

Preparing any document, other than court books and correspondence:

 

 

(a) by a solicitor, if 5 minutes or less; or

$49.95

 

(b) by a solicitor, if more than 5 minutes; or

$156.55 per quarter hour or part thereof

 

(c) by a law clerk, if 5 minutes or less; or

$25.10

 

(d) by a law clerk, if more than 5 minutes

$78.40 per quarter hour or part thereof

 

PREPARING COURT BOOKS

 

7

Preparing court books, including application books, appeal books, case stated books, special case books and questions reserved books

$156.55 per quarter hour or part thereof

 

PREPARING CORRESPONDENCE

 

8

Preparing:

 

 

(a) simple correspondence; or

$62.60 per page of text

 

(b) other correspondence

$156.55 per page of text

 

READING DOCUMENTS

 

9

Reading:

 

 

(a) simple correspondence; or

$12.65 per page of text

 

(b) other correspondence

$156.55 per quarter hour or part thereof

10

Reading documents, other than correspondence:

 

 

(a) up to 10 pages of text; or

$12.65 per page of text

 

(b) otherwise

$156.55 per quarter hour or part thereof

 

EXAMINING DOCUMENTS

 

11

Examining a document to ensure that it is correct or complete (for example, a proof print of a court book):

 

 

(a) up to 10 pages of text; or

$6.20 per page of text

 

(b) otherwise

$78.40 per quarter hour or part thereof

 

COPYING DOCUMENTS

 

12

Copying documents:

 

 

(a) black and white photocopies; or

63 cents per page

 

(b) colour photocopies

$2.10 per page

 

ATTENDANCES

 

13

Attendances, including telephone attendances, research, conferences with clients and conferences with counsel:

 

 

(a) by a solicitor, if 5 minutes or less; or

$49.95

 

(b) by a solicitor, if more than 5 minutes; or

$156.55 per quarter hour or part thereof

 

(c) by a law clerk, if 5 minutes or less; or

$25.10

 

(d) by a law clerk, if more than 5 minutes

$78.40 per quarter hour or part thereof

14

Attendances in Court, including travelling time to and from Court:

 

 

(a) by a solicitor; or

$156.55 per quarter hour or part thereof

 

(b) by a law clerk

$78.40 per quarter hour or part thereof

 

Note: The Taxing Officer has the discretion to allow for the attendance of more than one solicitor or law clerk in Court if the circumstances warrant it.

 

15

Any other attendance not otherwise provided for

$78.40 per quarter hour or part thereof

 

GENERAL CARE AND CONDUCT

 

16

In complex or novel matters the Taxing Officer may allow an additional amount for the general care and conduct of the matter, not exceeding 5% of the total of the fees and disbursements otherwise allowed

 

 

WITNESSES’ EXPENSES

 

17

For each witness, including that witness’ travelling time

$312.90 per hour or part thereof

18

If a witness is an expert, the Taxing Officer may allow an amount equal to the expert’s actual fees for preparing to give evidence and for attending to give evidence

 

 

DISBURSEMENTS

 

19

All disbursements reasonably incurred and paid are to be allowed

 

 

MISCELLANEOUS

 

20

In unusual cases, or in instances that are not otherwise covered by the preceding items, the Taxing Officer may allow such additional charges or disbursements as are reasonable in the circumstances

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

2004 No. 304

14 Oct 2004

1 Jan 2005

 

2005 No. 13

14 Feb 2005 (F2005L00255)

1 Mar 2005

r 1.01.2

2006 No. 105

22 May 2006 (F2006L01555)

1 July 2006

2006 No. 218

10 Aug 2006 (F2006L02612)

1 Sept 2006

2008 No. 246

10 Dec 2008 (F2008L04589)

1 Jan 2009

r 1.01.2

2009 No. 315

10 Nov 2009 (F2009L04135)

1 Jan 2010

r 1.01.2

2010 No. 240

12 Oct 2010 (F2010L02635)

1 Jan 2011

2010 No. 274

5 Nov 2010 (F2010L02913)

1 Jan 2011

r 1.01.2

2011 No. 283

16 Dec 2011 (F2011L02720)

1 Jan 2012

r 1.01.2

2012 No. 96

5 June 2012 (F2012L01158)

1 July 2012

2012 No. 253

9 Nov 2012 (F2012L02165)

1 Jan 2013

r 1.01.2

107, 2013

6 June 2013 (F2013L00924)

11 June 2013 (r 2)

257, 2013

5 Dec 2013 (F2013L02048)

1 Jan 2014

139, 2014

17 Sept 2014 (F2014L01233)

Sch 1 (items 12–19): 1 Jan 2015 (s 2 item 3)
Remainder: 18 Sept 2014 (s 2 items 1, 2)

178, 2015

6 Nov 2015 (F2015L01762)

1 Jan 2016 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

High Court Amendment (2016 Measures No. 1) Rules 2016

15 June 2016 (F2016L01029)

1 July 2016 (s 2(1) item 1)

High Court Amendment (Confidential Documents) Rules 2016

29 Aug 2016 (F2016L01351)

30 Aug 2016 (s 2(1) item 1)

High Court Amendment (Fees) Rules 2016

11 Nov 2016 (F2016L01740)

1 Jan 2017 (s 2(1) item 1)

High Court Amendment (2016 Measures No. 2) Rules 2016

8 Dec 2016 (F2016L01890)

9 Dec 2016 (s 2(1) item 1)

High Court Amendment (Appeals and Other Matters) Rules 2017

13 Oct 2017 (F2017L01350)

1 Jan 2018 (s 2(1) item 1)

High Court Amendment (Fees) Rules 2017

10 Nov 2017 (F2017L01459)

1 Jan 2018 (s 2(1) item 1)

High Court Amendment (Constitutional Writs and Other Matters) Rules 2018

17 Oct 2018 (F2018L01443)

1 Nov 2018 (s 2(1) item 1)

High Court Amendment (Fees) Rules 2018

7 Dec 2018 (F2018L01681)

1 Jan 2019 (s 2(1) item 1)

High Court Amendment (Electronic Filing and Other Matters) Rules 2019

20 Dec 2019 (F2019L01677)

21 Dec 2019 (s 2(1) item 1)

High Court Amendment (Fees and Other Matters) Rules 2022

16 Mar 2022 (F2022L00322)

1 May 2022 (s 2(1) item 1)

High Court Amendment (Forms and Other Matters) Rules 2022

21 Nov 2022 (F2022L01483)

1 Jan 2023 (s 2(1) item 1)

High Court Amendment (Fees) Rules 2023

17 Nov 2023 (F2023L01522)

1 Jan 2024 (s 2(1) item 1)

High Court Amendment (2023 Measures No. 1) Rules 2023

20 Nov 2023 (F2023L01525)

21 Nov 2023 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Chapter 1

 

Part 1

 

r 1.03...................

1.03.1 rep LA s 48D

 

1.03.2 rep LA s 48C

r 1.06...................

am No 107, 2013; F2016L01351; F2017L01350; F2019L01677; F2022L01483

r 1.07...................

am F2016L01890; F2017L01350

 

rs F2019L01677

r 1.08...................

am No 218, 2006; No 240, 2010; F2016L01351; F2019L01677

r 1.09...................

rs No 240, 2010

 

am No 107, 2013

 

rs F2022L01483

r 1.10...................

ad F2019L01677

Part 2

 

r. 2.03.1.................

am. 2010 No. 240

r. 2.03.2.................

am. 2010 No. 240

r. 2.03.3.................

am. 2010 No. 240

r. 2.03.4.................

ad. 2010 No. 240

Part 3

 

r 3.01...................

am F2019L01677

Part 4

 

r. 4.04.1.................

am. 2010 No. 240

r. 4.04.2.................

am. 2010 No. 240

r 4.05.1..................

rs F2017L01350

r 4.05.3..................

rep F2017L01350

r 4.06...................

am F2016L01890; F2019L01677

r 4.07...................

am F2016L01351

 

rs F2019L01677

Part 5

 

Part 5 heading.............

rs No 139, 2014

r 5.01...................

am No 139, 2014; F2019L01677

r 5.02...................

rs No 139, 2014

 

am F2017L01350; F2019L01677

r 5.03...................

am No 240, 2010

 

rs No 139, 2014; F2019L01677

r 5.04...................

ad No 139, 2014

 

am No 139, 2014; F2019L01677

Part 6

 

r. 6.01.1.................

am. 2010 No. 240

r. 6.01.2.................

am. 2010 No. 240

r 6.02...................

am F2016L01890; F2019L01677

r 6.03...................

am F2017L01350; F2019L01677; F2023L01525

r 6.04.3..................

rep F2016L01890

r 6.05...................

am F2019L01677

r. 6.06...................

rs. No. 107, 2013

r. 6.06.1.................

rs. No. 107, 2013

r. 6.06.2.................

rs. No. 107, 2013

r. 6.06.3.................

ad. No. 107, 2013

r. 6.07...................

am. 2010 No. 240

 

rs. No. 107, 2013

r. 6.07.1.................

ad. No. 107, 2013

r. 6.07.2.................

ad. No. 107, 2013

r. 6.07.3.................

ad. No. 107, 2013

 

am F2016L01890

Part 7

 

r 7.01...................

am F2019L01677

Part 8

 

r 8.04...................

am No 240, 2010; F2019L01677

Part 9

 

r 9.01.1..................

am F2018L01443

r 9.02.2..................

rep F2016L01890

r. 9.03.1.................

rs. 2006 No. 218

r 9.04...................

am F2017L01350; F2019L01677

r 9.04A..................

ad F2019L01677

r 9.05...................

rs F2019L01677

r 9.06...................

rs F2019L01677

Part 13

 

Part 13..................

ad. 2010 No. 240

r. 13.01..................

ad. 2010 No. 240

r 13.02..................

ad No 240, 2010

 

am No 139, 2014; F2019L01677

r 13.03..................

ad No 240, 2010

 

rs No 139, 2014

 

am F2019L01677

r 13.04..................

ad F2016L01890

 

am F2017L01350

Chapter 2

 

Part 20

 

r 20.01..................

am F2016L01890

r 20.01.1.................

am F2018L01443

r 20.02..................

rs F2016L01890

 

am F2018L01443

 

rep F2019L01677

Part 21

 

r 21.09..................

am F2019L01677

Part 22

 

r 22.01..................

am F2016L01890

r 22.01.1.................

am F2018L01443

r 22.02..................

rs F2016L01890

Part 23

 

r 23.01..................

am F2016L01890; F2019L01677

r 23.03..................

am F2019L01677

r 23.04..................

am F2016L01890; F2019L01677

Part 24

 

r. 24.01.12................

rs. 2010 No. 240

Part 25

 

Part 25..................

rs F2018L01443

r 25.01..................

am F2016L01890

 

rs F2018L01443

r 25.01.1.................

ad F2018L01443

r 25.01.2.................

ad F2018L01443

r 25.01.3.................

ad F2018L01443

r 25.02..................

rs F2018L01443

r 25.02.1.................

rs F2018L01443

r 25.02.2.................

rs F2018L01443

r 25.02.3.................

rep F2018L01443

r 25.03..................

rs F2018L01443

r. 25.03.1.................

rs. 2006 No. 218

 

am. 2010 No. 240

 

rep F2018L01443

r 25.03.2.................

rep F2018L01443

r 25.03.3.................

rep F2018L01443

r 25.03.4.................

rep F2018L01443

r 25.03.5.................

rep F2018L01443

r. 25.03.6.................

ad. 2006 No. 218

 

rep F2018L01443

r. 25.03.7.................

ad. 2006 No. 218

 

rep F2018L01443

r 25.04..................

rs F2018L01443

r 25.04.1.................

ad F2018L01443

r 25.04.2.................

ad F2018L01443

r 25.05..................

rs F2018L01443

r 25.05.1.................

ad F2018L01443

r 25.05.2.................

ad F2018L01443

r 25.06..................

rs F2018L01443

r 25.06.1.................

rep F2018L01443

r 25.06.2.................

rep F2018L01443

r 25.06.3.................

rep F2018L01443

r 25.07..................

rs F2018L01443

r 25.07.1.................

rs F2018L01443

r 25.07.2.................

rs F2018L01443

r 25.07.3.................

ad F2018L01443

r 25.07.4.................

ad F2018L01443

r 25.07.5.................

ad F2018L01443

r 25.08..................

rs F2018L01443

r 25.08.1.................

rs F2018L01443

r 25.08.2.................

rs F2018L01443

r 25.08.3.................

rs F2018L01443

r 25.08.4.................

rep F2018L01443

r 25.08.5.................

rep F2018L01443

r 25.08.6.................

rep F2018L01443

r 25.08.7.................

rep F2018L01443

r 25.08.8.................

rep F2018L01443

r 25.08.9.................

rep F2018L01443

r 25.09..................

rs F2018L01443

r 25.09.1.................

rs F2018L01443

r 25.09.2.................

rs F2018L01443

r 25.09.3.................

rs F2018L01443

r 25.09.4.................

rep F2018L01443

r 25.10..................

rs F2018L01443

r 25.10.1.................

rs F2018L01443

r 25.10.2.................

rs F2018L01443

r 25.10.3.................

rs F2018L01443

r 25.10.4.................

ad F2018L01443

r 25.11..................

rs F2018L01443

r 25.11.1.................

rep F2018L01443

r 25.11.2.................

rep F2018L01443

r 25.11.3.................

rep F2018L01443

r 25.11.4.................

rep F2018L01443

r 25.12..................

rs F2018L01443

 

am F2019L01677

r. 25.13..................

am. 2012 No. 96

 

rs F2018L01443

r 25.13.1.................

ad F2018L01443

r 25.13.2.................

ad F2018L01443

r 25.13.3.................

ad F2018L01443

r 25.13.4.................

ad F2018L01443

r 25.13.5.................

ad F2018L01443

r 25.13.6.................

ad F2018L01443

r 25.13.7.................

ad F2018L01443

r 25.14..................

rs F2018L01443

r 25.14.1.................

rep F2018L01443

r 25.14.2.................

rep F2018L01443

r 25.15..................

rs F2018L01443

r 25.15.1.................

rep F2018L01443

r 25.15.2.................

rep F2018L01443

r 25.15.3.................

rep F2018L01443

r 25.16..................

rs F2018L01443

r 25.16.1.................

rs F2018L01443

r 25.16.2.................

rs F2018L01443

r 25.16.3.................

ad F2018L01443

r 25.16.4.................

ad F2018L01443

r 25.17..................

rs F2018L01443

r 25.18..................

rep F2018L01443

r 25.18.1.................

rep F2018L01443

r 25.18.2.................

rep F2018L01443

r 25.18.3.................

rep F2018L01443

r 25.19..................

rep F2018L01443

r 25.20..................

rep F2018L01443

Part 26

 

Part 26..................

rs F2016L01029

r 26.01..................

rs F2016L01029

 

am F2016L01890; F2019L01677

r 26.02..................

rs F2016L01029

r 26.02.1.................

rs F2016L01029

r 26.02.2.................

rs F2016L01029

r 26.03..................

rs F2016L01029

r 26.03.1.................

rep F2016L01029

r 26.03.2.................

rep F2016L01029

r 26.04..................

rs F2016L01029

 

am F2019L01677

r 26.05..................

rs No 240, 2010; F2016L01029

 

am F2019L01677

r. 26.06..................

ad No 240, 2010

 

rs F2016L01029

 

rep F2023L01525

r 26.07..................

ad F2016L01029

 

am F2023L01525

r 26.08..................

ad F2016L01029

r 26.08.1.................

ad F2016L01029

r 26.08.2.................

ad F2016L01029

r 26.08.3.................

ad F2016L01029

r 26.08.4.................

ad F2016L01029

r 26.09..................

ad F2016L01029

 

am F2023L01525

r 26.10..................

ad F2016L01029

 

am F2019L01677

Part 27

 

r 27.01..................

am F2019L01677

r 27.03.2.................

am F2018L01443

r 27.06..................

rs F2019L01677

r 27.07..................

am F2019L01677

r 27.08..................

am F2018L01443; F2019L01677

r 27.09.4.................

rep F2018L01443

r 27.10..................

am F2019L01677

Part 28

 

Part 28..................

rep. 2010 No. 240

 

ad F2018L01443

r. 28.01..................

rep. 2010 No. 240

 

ad F2018L01443

r 28.01.1.................

ad F2018L01443

r 28.01.2.................

ad F2018L01443

r 28.01.3.................

ad F2018L01443

r. 28.02..................

rep. 2010 No. 240

r. 28.02.1.................

rep. 2010 No. 240

r. 28.02.2.................

rep. 2010 No. 240

r. 28.02.3.................

ad. 2006 No. 218

 

rep. 2010 No. 240

r. 28.03..................

rep. 2010 No. 240

r. 28.03.1.................

rep. 2010 No. 240

r. 28.03.2.................

rep. 2010 No. 240

Chapter 3

 

Part 30

 

r 30.03..................

am F2019L01677

Part 32

 

r 32.01..................

rs F2019L01677

Chapter 4

 

Part 40

 

Part 40 heading.............

rs F2017L01350

r 40.01..................

am F2017L01350

Part 41

 

Part 41..................

rs F2016L01029

r 41.01..................

am No 105, 2006

 

rs F2016L01029

 

am F2019L01677

r 41.02..................

rs F2016L01029

 

am F2019L01677

r 41.03..................

rs F2016L01029

 

am F2019L01677

r 41.04..................

rs F2016L01029

r 41.04.1.................

rep F2016L01029

r 41.04.2.................

rep F2016L01029

r 41.04.3.................

rep F2016L01029

r 41.05..................

rs F2016L01029

r 41.05.1.................

rs F2016L01029

r 41.05.2.................

rs F2016L01029

r 41.05.3.................

rs F2016L01029

r 41.05.4.................

ad F2016L01029

r 41.05.5.................

ad F2016L01029

r 41.06..................

rs F2016L01029

r 41.06.1.................

rs F2016L01029

r 41.06.2.................

rs F2016L01029

r 41.06.3.................

ad F2016L01029

r 41.07..................

am No 240, 2010

 

rs F2016L01029

 

am F2017L01350; F2019L01677

 

rs F2023L01525

r 41.08..................

am No 240, 2010

 

rs F2016L01029

 

am F2023L01525

r 41.09..................

rs F2016L01029

r 41.09.1.................

rs F2016L01029

r. 41.09.2.................

rs. 2006 No. 105; 2006 No. 218; F2016L01029

r. 41.09.3.................

rs. 2006 No. 105

 

am. 2006 No. 218; 2010 No. 240

 

rs F2016L01029

r 41.09.4.................

rs F2016L01029

r 41.09.5.................

rep F2016L01029

r 41.09.6.................

rep F2016L01029

r. 41.09.7.................

rs. 2006 No. 105

 

am. 2010 No. 240

 

rep F2016L01029

r. 41.09.8.................

rs. 2006 No. 105

 

am. 2010 No. 240

 

rep F2016L01029

r. 41.09.9.................

rs. 2006 No. 105

 

rep F2016L01029

r. 41.09.10................

rs. 2006 No. 105

 

rep F2016L01029

r. 41.09.11................

rep. 2006 No. 105

r. 41.09.12................

rep. 2006 No. 105

r 41.10..................

am No 218, 2006; No 240, 2010

 

rs F2016L01029

 

am F2023L01525

r 41.11..................

rs F2016L01029

 

am F2019L01677

r 41.12..................

rep F2016L01029

r 41.12.1.................

rep F2016L01029

r 41.12.2.................

rep F2016L01029

r 41.12.3.................

rep F2016L01029

r 41.12.4.................

rep F2016L01029

r 41.13..................

rep F2016L01029

r. 41.13.1.................

am. 2006 No. 105

 

rep F2016L01029

r 41.13.2.................

rep F2016L01029

r 41.14..................

rep F2016L01029

r 41.14.1.................

rep F2016L01029

r 41.14.2.................

rep F2016L01029

r 41.15..................

rep F2016L01029

r 41.15.1.................

rep F2016L01029

r 41.15.2.................

rep F2016L01029

r 41.15.3.................

rep F2016L01029

Part 42

 

r 42.02..................

am No 240, 2010; F2023L01525

r. 42.13.6.................

rs. 2006 No. 218

r. 42.03..................

rs. 2010 No. 240

r 42.04..................

rep F2019L01677

r 42.05..................

am No 240, 2010; F2019L01677

r. 42.06.1.................

am. 2010 No. 240

r. 42.08.1.................

am. 2010 No. 240

r 42.08A.................

ad F2017L01350

r 42.10..................

am No 240, 2010; F2017L01350

 

rs F2019L01677

r 42.11..................

rep F2017L01350

r. 42.11.2.................

rs. 2010 No. 240

 

rep F2017L01350

r 42.12..................

rep F2017L01350

r. 42.12.3.................

am. 2010 No. 240

 

rep F2017L01350

r 42.13..................

am No 218, 2006; No 240, 2010; No 96, 2012

 

rs F2017L01350

 

am F2019L01677

r 42.15..................

am F2019L01677

Part 43..................

rep F2022L00322

r 43.01..................

rep F2022L00322

r 43.02..................

rep F2022L00322

r 43.03..................

rep F2022L00322

Part 44

 

Part 44..................

ad. 2010 No. 240

r. 44.01..................

ad. 2010 No. 240

r. 44.01.1.................

ad. 2010 No. 240

r. 44.01.2.................

ad. 2010 No. 240

 

am F2017L01350

r 44.02..................

ad No 240, 2010

 

am No 96, 2012; F2017L01350; F2019L01677

r 44.03..................

ad No 240, 2010

 

am F2017L01350; F2019L01677

r 44.04..................

ad No 240, 2010

 

am F2017L01350; F2019L01677

r. 44.05..................

ad. 2010 No. 240

r. 44.05.1.................

ad. 2010 No. 240

r. 44.05.2.................

ad. 2010 No. 240

 

am. 2012 No. 96; F2017L01350

r. 44.05.3.................

ad. 2010 No. 240

r. 44.05.4.................

ad. 2010 No. 240

r. 44.05.5.................

ad. 2012 No. 96

r. 44.06..................

ad. 2010 No. 240

 

am 2012 No. 96

 

rs F2017L01350

r. 44.06.1.................

ad. 2010 No. 240

 

am. 2012 No. 96

 

rep F2017L01350

r. 44.06.2.................

ad. 2010 No. 240

 

rep F2017L01350

r. 44.07..................

ad. 2010 No. 240

r. 44.07.1.................

ad. 2010 No. 240

 

am F2017L01350

r. 44.08..................

ad. 2010 No. 240

r. 44.08.1.................

ad. 2010 No. 240

r 44.08.2.................

ad F2016L01029

Part 45..................

ad. 2012 No. 96

 

rep No 139, 2014

r 45.01..................

ad 2012 No. 96

 

rep No 139, 2014

r 45.01.1.................

ad 2012 No. 96

 

rep No 139, 2014

r 45.01.2.................

ad 2012 No. 96

 

rep No 139, 2014

r 45.01.3.................

ad2012 No. 96

 

rep No 139, 2014

r 45.02..................

ad 2012 No. 96

 

rep No 139, 2014

r 45.03..................

ad 2012 No. 96

 

rep No 139, 2014

Chapter 5

 

Part 53

 

r 53.04..................

am F2019L01677

r 53.05..................

am F2019L01677

Part 54

 

r 54.01..................

rs F2019L01677

Part 56

 

r 56.01..................

am No 139, 2014

r 56.02..................

rs No 139, 2014

 

am F2019L01677

r 56.04..................

am No 139, 2014

r 56.06..................

rs No 139, 2014

r. 56.09..................

am. 2010 No. 240; No 139, 2014

Part 57

 

r 57.01..................

rs No 218, 2006

 

am No 240, 2010; F2019L01677

r. 57.02.2.................

rs. 2006 No. 218

r. 57.02.3.................

rs. 2006 No. 218

r 57.05..................

am No 218, 2006; F2019L01677

Part 58

 

r. 58.02.1.................

rs. 2006 No. 218; 2010 No. 240; No 139, 2014

r 58.02.1A................

ad No 139, 2014

r. 58.02.2.................

am. 2010 No. 240

r. 58.03..................

rs. 2006 No. 218

r. 58.04..................

am. 2010 No. 240

Chapter 6

 

Chapter 6.................

ad No 139, 2014

Part 60..................

rep 18 Sept 2016 (r 60.03)

 

ad F2016L01890

 

rep 9 Dec 2017 (r 60.02)

 

ad F2017L01350

 

rep 1 Jan 2019 (r 60.03)

r 60.01..................

ad No 139, 2014

 

rep 18 Sept 2016 (r 60.03)

 

ad F2016L01890

 

rep 9 Dec 2017 (r 60.02)

 

ad F2017L01350

 

rep 1 Jan 2019 (r 60.03)

r 60.02..................

ad No 139, 2014

 

rep 18 Sept 2016 (r 60.03)

 

ad F2016L01890

 

rep 9 Dec 2017 (r 60.02)

 

ad F2017L01350

 

rep 1 Jan 2019 (r 60.03)

r 60.03..................

ad No 139, 2014

 

rep 18 Sept 2016 (r 60.03)

 

ad F2017L01350

 

rep 1 Jan 2019 (r 60.03)

Part 61

 

Part 61..................

ad F2018L01443

 

rep 1 Nov 2019 (r 61.04)

 

ad F2019L01677

 

rep 1 Jan 2025 (r 61.03)

r 61.01..................

ad F2018L01443

 

rep 1 Nov 2019 (r 61.04)

 

ad F2019L01677

 

rep 1 Jan 2025 (r 61.03)

r 61.02..................

ad F2018L01443

 

rep 1 Nov 2019 (r 61.04)

 

ad F2019L01677

 

rep 1 Jan 2025 (r 61.03)

r 61.03..................

ad F2018L01443

 

rep 1 Nov 2019 (r 61.04)

 

ad F2019L01677

 

rep 1 Jan 2025 (r 61.03)

r 61.04..................

ad F2018L01443

 

rep 1 Nov 2019 (r 61.04)

Part 62

 

Part 62..................

ad F2023L01525

 

rep 1 Dec 2024 (r 62.04)

r 62.01..................

ad F2023L01525

 

rep 1 Dec 2024 (r 62.04)

r 62.02..................

ad F2023L01525

 

rep 1 Dec 2024 (r 62.04)

r 62.03..................

ad F2023L01525

 

rep 1 Dec 2024 (r 62.04)

r 62.04..................

ad F2023L01525

 

rep 1 Dec 2024 (r 62.04)

Schedule 1................

rep F2022L01483

Table...................

rs No 96, 2012; No 107, 2013

 

am No 139, 2014

 

rs F2016L01029

 

am F2016L01890; F2018L01443

 

rs F2019L01677

 

rep F2022L01483

Form 1..................

am No 240, 2010

 

rs F2019L01677

 

rep F2022L01483

Form 1A.................

ad No 139, 2014

 

rs F2019L01677

 

rep F2022L01483

Form 2..................

am No 240, 2010

 

rs F2019L01677

 

rep F2022L01483

Form 3..................

am No 240, 2010

 

rs F2019L01677

 

rep F2022L01483

Form 4..................

am No 240, 2010

 

rs F2019L01677

 

rep F2022L01483

Form 5..................

rs F2016L01890; F2019L01677

 

rep F2022L01483

Form 6..................

rs F2016L01890; F2019L01677

 

rep F2022L01483

Form 7..................

am No 240, 2010; F2016L01029

 

rs F2019L01677

 

rep F2022L01483

Form 8..................

am F2016L01029

 

rs F2019L01677

 

rep F2022L01483

Form 9..................

am No 240, 2010

 

rs F2019L01677

 

rep F2022L01483

Form 10.................

rs F2016L01890; F2019L01677

 

rep F2022L01483

Form 11.................

rs F2016L01890; F2019L01677

 

rep F2022L01483

Form 12.................

am No 96, 2012

 

rs F2018L01443; F2019L01677

 

rep F2022L01483

Form 12A................

ad F2018L01443

 

rs F2019L01677

 

rep F2022L01483

Form 13.................

rs F2016L01890; F2018L01443; F2019L01677

 

rep F2022L01483

Form 14.................

rs F2016L01890; F2018L01443; F2019L01677

 

rep F2022L01483

Form 15.................

rs F2016L01890; F2018L01443; F2019L01677

 

rep F2022L01483

Form 16.................

rs F2016L01890; F2018L01443; F2019L01677

 

rep F2022L01483

Form 17.................

rs F2016L01029; F2019L01677

 

rep F2022L01483

Form 18.................

am No 240, 2010

 

rs F2016L01029; F2019L01677

 

rep F2022L01483

Form 19.................

rep F2016L01029

Form 20.................

rs No 218, 2006; F2016L01890; F2019L01677

 

rep F2022L01483

Form 21.................

rs No 218, 2006

 

am No 240, 2010; F2016L01890

 

rs F2019L01677

 

rep F2022L01483

Form 22.................

rs F2019L01677

 

rep F2022L01483

Form 23.................

rs F2016L01029; F2017L01350; F2019L01677

 

rep F2022L01483

Form 23A................

ad F2016L01029

 

rs F2019L01677

 

rep F2022L01483

Form 24.................

am No 240, 2010; F2016L01029

 

rs F2019L01677

 

rep F2022L01483

Form 25.................

am F2016L01029

 

rs F2019L01677

 

rep F2022L01483

Form 26.................

rs F2019L01677

 

rep F2022L01483

Form 27.................

rs F2019L01677

 

rep F2022L01483

Form 27A................

ad No 240, 2010

 

am No 96, 2012

 

rs F2017L01350; F2019L01677

 

rep F2022L01483

Form 27B................

ad No 240, 2010

 

rs F2019L01677

 

rep F2022L01483

Form 27C................

ad No 240, 2010

 

am No 96, 2012

 

rs F2017L01350; F2019L01677

 

rep F2022L01483

Form 27D................

ad No 240, 2010

 

am No 96, 2012

 

rs F2017L01350; F2019L01677

 

rep F2022L01483

Form 27E................

ad No 96, 2012

 

rs F2019L01677

 

rep F2022L01483

Form 27F................

ad F2016L01029

 

rs F2019L01677

 

rep F2022L01483

Form 28.................

rs F2019L01677

 

rep F2022L01483

Form 29.................

rs No 218, 2006; F2019L01677

 

rep F2022L01483

Form 30.................

ad No 107, 2013

 

rs F2016L01890; F2019L01677

 

rep F2022L01483

Form 31.................

ad No 107, 2013

 

rs F2016L01890; F2019L01677

 

rep F2022L01483

Schedule 2

 

Schedule 2................

rs No 13, 2005; No 246, 2008; No 315, 2009; No 274, 2010; No 283, 2011; No 253, 2012; No 257, 2013; No 139, 2014; No 178, 2015; F2016L01740; F2017L01459; F2018L01681; F2019L01677; F2022L00322; F2022L01483; F2023L01522