Commonwealth Numbered Regulations - Explanatory Statements

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HIGH COURT AMENDMENT (VEXATIOUS PROCEEDINGS AND OTHER MATTERS) RULES 2013 (SLI NO 107 OF 2013)

 

HIGH COURT AMENDMENT (VEXATIOUS PROCEEDINGS AND OTHER MATTERS) RULES 2013

4 JUNE 2013
EXPLANATORY STATEMENT

 

Select Legislative Instrument 2013 No. 107

 

These Amendment Rules of Court, signed by the Justices on 4 June 2013, are made by the Justices under the Judiciary Act 1903, the Commonwealth Electoral Act 1918, the Nauru (High Court Appeals) Act 1976 and the High Court of Australia Act 1979.

 

The Access to Justice (Federal Jurisdiction) Amendment Act 2012 ("the Act") amends a number of Acts relating to federal courts and tribunals.  Relevantly for the High Court, the Act amends the Judiciary Act 1903 in relation to vexatious proceedings orders.

 

Schedule 3, Part 1, Section 10 of the Act inserts before Part XB of the Judiciary Act 1903 a new Part XAB - Vexatious proceedings.  The Amendment Rules of Court bring Rule 6.06 of the High Court Rules 2004 into conformity with the new Part XAB of the Judiciary Act.

 

The Amendment Rules provide in Rule 6.06.1 and 6.06.2 the requirements of an application under subsection 77RN(2) of the Judiciary Act for a vexatious proceedings order.

 

The Amendment Rules provide in Rule 6.06.3 a new form (Form 30) for an application by a person the subject of a vexatious proceedings order to apply for leave to institute proceedings (see Section 77RQ of the Act) and, for consistency, in Rule 6.07.3 a new form (Form 31) for an application made under existing Rule 6.07 of the High Court Rules 2004 (where a Justice has made a direction that a document not be issued or filed without the leave of a Justice).

 

The remainder of the Amendment Rules relates to the insertion of the new Forms 30 and 31 in Schedule 1 of the High Court Rules 2004.

 

Consultations on the changes have taken place with relevant professional organisations.

 

Section 9 of the Legislative Instruments Act 2003 provides that Rules of
Court made for the High Court are not legislative instruments for the purposes of that Act. The Human Rights (Parliamentary Scrutiny) Act 2011 does not apply to any such Rules of Court and no statement of compatibility for the purposes of that latter Act is included in the Explanatory Statement.

 

The Amendment Rules will commence on the commencement of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012.


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