Commonwealth Numbered Regulations - Explanatory Statements

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HIGH COURT AMENDMENT RULES 2001 (NO. 1) 2001 NO. 243

STATUTORY RULES 2001 No. 243

Issued by the authority of the Justices of the High Court of Australia

High Court Amendment Rules 2001 (No. 1)

AMENDMENTS TO THE HIGH COURT RULES

Order 58, rule 4

Order 58, rule 4 of the High Court Rules specifies the procedure to be adopted by the Registrar for the issue of proceedings. Sub-rule (3) permits the Registrar to seek the direction of a Justice regarding proceedings which appear to the Registrar to be an abuse of the process of the Court or frivolous or vexatious. A Justice may direct the Registrar to issue it or refuse to issue it without the leave of a Justice first obtained by the party seeking to issue it.

The amendment to the rule, which is to come into operation on Monday, 17 September 2001, clarifies the scope of the operation of the rule to ensure that it covers all forms of initiating process that are presented for filing in the Court.

Second Schedule costs

The Second Schedule to the High Court Rules specifies the amount which solicitors, who are entitled to practise in the High Court, may charge and be allowed on taxation of costs by the Taxing Officer of the Court in respect of proceedings in the Court.

The amounts in the Schedule were last varied by Statutory Rule No. 274 of 2000 made on 29 August 2000 and which came into operation on 5 October 2000.

The Federal Costs Advisory Committee, in its report to the Justices dated 26 June 2001, recommended an increase of 3.9% to the solicitors' costs as set out in the Second Schedule.

The Court has agreed to the recommendation of the Committee and the increase, which is to come into operation on Monday, 17 September 2001, will apply in respect of all work done and services performed by solicitors after Sunday, 16 September 2001.