high court of australia rules

12.04.2011. 1. 42.13.14     The appeal book shall be prepared and produced in a manner satisfactory to the Registrar. 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. Chapter 2 commences with Part 20], Chapter 2—Proceedings in the original jurisdiction of the Court. 9.05.1         The address for service of a party commencing a proceeding in the Court shall be the address stated on the originating process as that party’s address for service, or if notice of change of address has been given, the address last notified as that party’s address for service. 2.01.1         Chapters 1 and 5 of these Rules apply to all proceedings in the Court. 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. 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. Pfizer manufactures and supplies the biological medicine Enbrel (etanercept), used in the treatment of autoimmune diseases. 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. 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. ], [Senior legal practitioner presenting the case in Court], Part II:            [A concise statement of the issue or issues the respondent contends that the appeal presents. 1. 2. 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. 27.05  Pleadings after a Statement of Claim. (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. (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, (i)  the senior legal practitioner who is to present the case in Court; or, (ii)  if a party is unrepresented—the party; and. Part 57—Assessment, taxation and review of taxation. Object 1.03. 57.01.2       Where a party indorses a bill with a request under rule 57.01.1: (a)  the Taxing Officer shall mark on the bill and on as many copies of the bill as the party filing the bill reasonably requires for the purpose of service, a day not less than 14 days later as the day after which the Taxing Officer will make that estimate and return the marked copies of the bill to the party filing it; (b)  the party filing the bill shall, not less than 7 days before the day marked by the Taxing Officer on the bill, serve a marked copy of the bill and each of the documents referred to in rule 54.02.4 on each other party to the taxation; and. 41.05.3       A response shall be in Form 23A. 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. 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. 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. 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. If the Taxing Officer, on special grounds, considers the fee provided in Schedule 2 for instructions to sue or defend, or for the preparation of briefs, to be inadequate, the Taxing Officer may make such further allowance as the Taxing Officer considers reasonable. 10.02.5       A judgment or order requiring a person to abstain from doing an act may be enforced by committal. (c)  give an electronic copy of the application book to the Registrar. The [party whose case raises the matter e.g., plaintiff, appellant, etc] gives notice that this proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of Section 78B of the Judiciary Act 1903. 32.01.3       On the hearing of the summons for directions 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. 5.01.3         The notice of a constitutional matter shall be in Form 1. To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. ], Part V:     [Any reasons why an order for costs should not be made in favour of the respondent in the event that the application is refused. 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. 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. Where an order to show cause why a writ of habeas corpus should not issue has been made the Court or a Justice may, on the return of that order, direct the discharge or other disposition of the person in question without the issue of a writ of habeas corpus and that order is as effectual as if it had been made on the return of a writ. 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. Judiciary Act 1903, Commonwealth Electoral Act 1918, Nauru (High Court Appeals) Act 1976 and High Court of Australia Act 1979. 41.07.4       A supplementary summary of argument may be filed only with the leave of the Court or a Justice or the Registrar. 2. ], Part III:    [A brief statement of the applicant’s argument. 44.04.2       Unless otherwise directed by the Court or a Justice, an intervener must file and serve its written submissions within 7 days after written submissions by the party in support of whom the intervention is to be made are filed. 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. The defendant/respondent [CD] enters a conditional appearance in this matter. If it is not practicable to bring [name] before the Court forthwith detain him/her in custody and, when it is practicable to bring him/her before the Court, do so forthwith. The appellant appeals [pursuant to special leave to appeal granted on [date]] from [state whether whole or part and which part] of the judgment of [state Court or Judge below] given on [date]. 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. Preparing any document, other than court books and correspondence: (a) by a solicitor, if 5 minutes or less; or, (b) by a solicitor, if more than 5 minutes; or, (c) by a law clerk, if 5 minutes or less; or, (d) by a law clerk, if more than 5 minutes, Preparing court books, including application books, appeal books, case stated books, special case books and questions reserved books, If court books are prepared in‑house, the Taxing Officer may allow a reasonable amount in the circumstances for their copying and binding. 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. 1.03  Commencement, repeal and transition. These are the main things that you need to know about when applying for special leave. PRINCIPLE 2: THE RULE OF LAW The rule of law is the idea that every person is subject to the laws of the land regardless of their status. YOU ARE REQUIRED TO make a return to this Writ by filing an affidavit on or before [, THIS WRIT PROHIBITS YOU from further proceeding [, Before taking any step in the proceedings you must, within. When in the opinion of the Taxing Officer it is necessary for two solicitors, or a solicitor and a clerk to attend on a hearing, such additional allowance as the Taxing Officer thinks reasonable shall be made, Where the Taxing Officer is satisfied that the principal place of practice of a solicitor is in a place other than that in which the Court is sitting, and it is necessary for the solicitor to leave that place to attend in Court at the hearing of an appeal, application, or cause, an allowance (in addition to reasonable travelling expenses) may be made for each day that the solicitor is necessarily absent from the principal place of practice of such amount that the Taxing Officer thinks reasonable having regard to such other charges as the solicitor may be entitled to make in the matter, An attendance for which no other provision is made, PREPARATION OF APPEAL AND APPLICATION BOOKS. 27.06.3       On the hearing of the summons for directions 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. The [applicant/appellant] discontinues this [application/appeal]. If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes. (b)  applying to the Taxing Officer to reconsider the taxation in respect of those items or parts. 13.02  Form and service of interlocutory application. 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. 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. (a)  a legal practitioner on behalf of the applicant; or. 6.02.4         A party suing or defending by a solicitor may change solicitors without order. ], Part III:    [A brief statement of the factual background to the application. 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. 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. Taxation of costs shall be commenced by the party whose costs are to be taxed filing, and serving on the party liable to pay the costs, a copy of the bill of costs to be taxed not less than 7 days before the time appointed for taxation. If such a direction is given, the respondent shall file and serve a response within 21 days after the direction is given. 1.08.1         Unless the Rules provide to the contrary, all documents filed in the Court shall be printed: (a)  in clear, sharp, legible and permanent type of at least 12 point size; (b)  on only one side of durable white paper of A4 size; (c)  with margins of at least 2.5 cm at the top, 2.5 cm at the bottom and 2.5 cm on each side of each sheet; (d)  with each page numbered and every tenth line on each page numbered in the left margin; and. 56.02  Preparing documents (other than court books). (d)  setting out the precise terms of the orders which the plaintiff submits should be made on the summons for directions. The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision. 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. 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. parties, in relation to an application, means an applicant and any respondent who has filed an appearance. 4.05.3         Each office of the Registry shall be open during office hours on each day except: (b)  any day observed as a holiday by the Australian Public Service or observed as a public holiday in the State or Territory of that office; (c)  the days between Christmas Day and New Years Day inclusive. 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. (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. 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. ], Part IV:    [Reasons why an order for removal should be made or leave or special leave should be granted with reference to section 35A of the Judiciary Act 1903. 22.01.2       An application for an order for removal shall be served by ordinary service in accordance with Part 9. 51.03  Interlocutory costs included in final judgment. 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. 25.05.1       An affidavit filed in support of an application must: (i)  the factual background to the proceeding; and, (ii)  the decision or conduct the subject of the application; and. 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. 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. Show more. 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. 41.01.5       If an application is filed by an unrepresented applicant, the applicant must, at the time of filing the application, file: (b)  2 additional copies of each document required by rule 41.01.4. 4.07.1         Each Registrar shall have the custody of the records of the Court kept in the Registry and of the documents filed in the Registry. THE RESPONDENT’S SOLICITOR IS: [name of firm and address for service]. 13.02  Form and service of interlocutory application. 41.10.1       An unrepresented applicant shall present his or her argument to the Court in the form of a draft notice of appeal and written case, which, unless the Court or a Justice otherwise directs, shall not be served on any person who was a party to the proceedings in the court below. (c)  the party filing the bill shall file an affidavit deposing to the time and manner of service of the bill and each of the documents referred to in rule 54.02.04 on each other party to the taxation within 7 days after service. The rules provide the procedural framework within which matters are commenced and conducted in the Federal Court. 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 cross‑appeal); and. 54.02.1       A bill of costs shall be prepared in Form 28 showing: (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; 54.02.2       Professional charges shall be entered in a separate column from the disbursements. 42.13.9       The core appeal book must be prepared and produced in a manner satisfactory to the Registrar. 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. 42.12.1       In settling the index the Registrar and the parties shall have regard to the issues of fact and of law that appear from the grounds of appeal as set out in the notice of appeal or cross‑appeal. 44.03.3       The respondent’s written submissions must be in Form 27D. 4.06.3         A Registry Stamp of the Court shall be in the form of: 4.06.4         Any document which these Rules require to be stamped and to which rule 4.06.2 does not apply shall be sufficiently stamped if stamped with a Registry Stamp. 2. 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. includes an application to commence a proceeding. 23.04.1       Upon a defendant filing a notice of appearance, a submitting appearance, or a conditional appearance, the Registrar shall seal a sufficient number of copies of the document for service. 57.05.3       The Justice may make such order on the review as the Justice thinks fit. 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. ], Part IX:          [An estimate of the number of hours required for the presentation of the appellant’s oral argument. IN THE HIGH COURT OF AUSTRALIA   No. Australia’s tax office can use global data leaks to pursue multinationals, High Court rules August 14, 2019 2.18am EDT Ann Kayis-Kumar , UNSW , Annet Oguttu , University of Pretoria 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. 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. The Taxing Officer shall fix the costs of preparing and taxing a bill of costs. (b)  serve a copy of the notice on each party and any other intervener. 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. 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. 274; 2011 No. The Applicant applies for leave to institute the attached proceeding. Show more. 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. 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. 41.10  Deemed abandonment of application by delay. Issue of subpoenas by High Court for service in Australia: 9.60: Leave to serve New Zealand subpoena on witness in Australia: 9.61: Service of subpoena on witness in Australia: 9.62: Application to set aside New Zealand subpoena: 9.63: Service of documents on applicant: 9.64: Hearing of application: 9.65: Failure to comply with subpoena: 9.66 proceeding includes an application to commence a proceeding. (b)  sealing as many copies for service as there are defendants or respondents. 1.07.1         Documents filed in the Court shall be filed in the office of the Registry in which the initiating process was filed or, if the file has been transferred to another office of the Registry, in that office. 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: 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. ], Part V:      [Any special order for costs sought by the defendant. (b)  to tax those costs without an order for taxation. 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. ], Part IV:    [Any special order for costs sought by the respondent. intervener includes a person intervening or seeking leave to intervene or to be heard as amicus curiae before the Full Court. 9.05.1         The address for service of a party commencing a proceeding in the Court shall be the address stated on the originating process as that party’s address for service, or if notice of change of address has been given, the address last notified as that party’s address for service. 24.02.3       A subpoena to give evidence and produce documents shall be in Form 11. 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