High Court Rules 2004

In force

Administered by

Attorney-General's Department
Department of Finance

This item is authorised by the following titles:

Commonwealth Electoral Act 1918
High Court of Australia Act 1979
Judiciary Act 1903
Nauru (High Court Appeals) Act 1976

Superseded version

View latest version

F2004B00343

05 October 2004 - 28 February 2005

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

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 Filing documents
1.08 Documents
1.09 Forms
2.01 Application of these Rules
2.02 Dispensing with compliance
2.03 Failure to comply
3.01 Amendment
4.01 Time
4.02 Enlargement and abridgment of time
4.03 Delays
4.04 Recesses
4.05 Registry
4.06 Use of Seals and Stamps
4.07 Custody and inspection of documents in the Registry
5.01 Filing notice
5.02 Serving notice
5.03 Affidavit of service and provision of documents
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
7.01 The Marshal
7.02 Registrars
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
9.01 Manner of service
9.02 Effecting personal service
9.03 Effecting service on particular defendants
9.04 Ordinary service
9.05 Address for service
9.06 Change of address for service
9.07 Service out of Australia
10.01 Execution by parties and others
10.02 Enforcement
11.01 Contempt in the face of the Court
11.02 Other cases
11.03 Warrant
11.04 Punishment
11.05 Costs
12.01 Interpretation
12.02 Moneys paid into Court
12.03 Moneys in Court
20.01 Form of initiating process
20.02 Issue of initiating process
21.01 Joinder of parties
21.02 Joinder of claims
21.03 Joinder inconvenient
21.04 Misjoinder and non joinder
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
22.01 Service of initiating process
22.02 Affidavit of service
23.01 Appearance before taking a step
23.02 Submitting appearance
23.03 Conditional appearance
23.04 Service of notice of appearance
24.01 Evidence by affidavit
24.02 Subpoenas
25.01 Form of an application for an order to show cause
25.02 Parties to an application for an order to show cause
25.03 Application on notice
25.04 Relief and grounds
25.05 Stay
25.06 Certiorari
25.07 Mandamus
25.08 Form, service and return of writ of mandamus
25.09 Habeas corpus
25.10 Service of a writ of habeas corpus or order for production
25.11 Return to a writ of habeas corpus
25.12 Proceedings on return
25.13 Discharge without writ
25.14 Application for an information of quo warranto
25.15 Form of information
25.16 Service of information
25.17 Subsequent proceedings
25.18 Disclaimer
25.19 Judgment
25.20 Writ of Prohibition
26.01 Form of application for removal
26.02 Affidavits in support
26.03 Summary of argument — applicant
26.04 Summary of argument — respondent
26.05 Application book and subsequent proceedings
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 Summons for directions
27.07 Demurrer
27.08 Questions of law
27.09 Summary disposition
27.10 Discontinuance and withdrawal
28.01 Interlocutory applications
28.02 Form and service of interlocutory application
28.03 Failure to attend
30.01 Form of petition
30.02 Publication and advertisement
30.03 Address for service
30.04 Service of petition
31.01 Appearances
31.02 Parties
32.01 Summons for directions
32.02 Counter charges
32.03 Particulars
32.04 Notice of trial
32.05 Withdrawal of petition and substitution of another petitioner
40.01 Interpretation
40.02 Application of Chapter 2
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 Summary of argument — applicant
41.06 Summary of argument — respondent
41.07 Summary of argument — general
41.08 Reply
41.09 Application book
41.10 Unrepresented applicants
41.11 Oral argument
41.12 Discontinuance of application
41.13 Deemed abandonment of application by delay
41.14 Directions by Registrar
41.15 Determination of application
42.01 Institution of appeals
42.02 Form of notice of appeal
42.03 Time for filing
42.04 Place for filing
42.05 Service
42.06 Appearance
42.07 Change of parties to an appeal
42.08 Cross appeal
42.09 Stay of proceedings
42.10 Documents
42.11 Preparation of index
42.12 Settling the index
42.13 Preparation and filing of appeal books
42.14 Discontinuance of appeal
42.15 Directions by Registrar
42.16 Dismissal for want of prosecution
42.17 Appeal without notice
43.01 Application
43.02 Appeals
43.03 Applications
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
51.01 Costs reserved
51.02 Costs of applications in a matter
51.03 Interlocutory costs included in final judgment
52.01 Fixed costs
52.02 Costs other than fixed costs
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
54.01 Commencing taxation
54.02 Content of bill
55.01 General principle
55.02 Special allowances
55.03 No fee prescribed
55.04 Duplication of fees
55.05 Fees not provided for
56.01 Instructions
56.02 Pleadings
56.03 Evidence
56.04 Evidence by affidavit
56.05 Copies
56.06 Perusal and inspection
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
57.01 Assessment
57.02 Objections to bill
57.03 Reconsideration of taxation
57.04 Certificate and taxing fee
57.05 Review of taxation
58.01 Costs of preparing and taxing bill
58.02 Costs and the Taxing Officer’s estimate
58.03 Reduction by one-sixth
58.04 Amount allowed less than amount offered
59.01 Security for costs
59.02 Giving security
59.03 Failure to give security
59.04 Variation of order for security
- Schedule 1 Forms
- Form 1 Notice of a constitutional matter
- Form 2 Judgment
- Form 3 Order
- Form 4 Consent
- Form 5 Arrest warrant
- Form 6 Committal warrant
- Form 7 Notice of appearance
- Form 8 Submitting appearance
- Form 9 Conditional appearance
- Form 10 Subpoena to give evidence
- Form 11 Subpoena to give evidence and produce documents
- Form 12 Application for an order to show cause
- Form 13 Writ of certiorari
- Form 14 Writ of mandamus
- Form 15 Writ of habeas corpus
- Form 16 Writ of prohibition
- Form 17 Application for removal
- Form 18 Applicant’s summary of argument
- Form 19 Respondent’s summary of argument
- Form 20 Writ of summons
- Form 21 Summons
- Form 22 Election petition
- Form 23 Application for leave or special leave to appeal
- Form 24 Notice of appeal
- Form 25 Notice of discontinuance
- Form 26 Notice of cross-appeal
- Form 27 Notice of contention
- Form 28 Bill of costs
- Form 29 Certificate of taxation
- Schedule 2 Schedule of fees for work done or services performed

High Court Rules 2004

Legislation text