Commonwealth Numbered Regulations

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1980 No. 88 HIGH COURT RULES (AMENDMENT) - REG 5

5. The High Court Rules are amended as follows:-

(1) Order 1 rule 5 is amended:

        (i)    By deleting the definitions of the following words and
               expressions

"Registrar"
     "Registry"

     "seal" and "seal of the Court"

     "sealed"


   (ii) By inserting the following definitions
     "District Registrar" means an officer of a State or Territory who
performs on behalf of the Court at any office of the Registry in such State or
Territory any function under section 30 of the High Court of Australia Act 
1979 .

     "District Registry" means an office of the Registry located elsewhere
than at the seat of the Court.

     "Judiciary Act" means the Judiciary Act 1903-1979.


     "Principal Registrar" means the Registrar.


     "Principal Registry" means the office of the Registry located at the seat
of the Court.

     "Registrar" means the Registrar appointed under section 26 of the High
Court of Australia Act 1979 and includes a Deputy Registrar so appointed.

     "Registry", "a Registry" and "any Registry" mean the Registry established
under section 30 of the High Court of Australia Act 1979 and include each
office of the Registry.

     "seal" and "seal of the Court" mean the seal of the Court referred to in
section 32 of the High Court of Australia Act 1979 and include such other seal
as is prescribed by these Rules.

     "sealed" means sealed with the seal of the Court referred to in section
32 of the High Court of Australia Act 1979 or such other seal as is prescribed
by these Rules.

     "the Registry in which the proceeding is commenced" and "the Registry in
which the matter is then pending" and words to the like effect mean "the
office of the Registry at which the proceeding was lodged or issued".

(2) Order 1 rule 8 (2) is repealed and replaced by the following sub-rule:

"(2) There shall be added below the words 'In the High Court of Australia' the
location of the office of the Registry in which the proceeding was commenced."

(3) Order 2 rule 8 is repealed.

(4) Order 5 rule 3 is repealed.

(5) Order 11 rule 1 is amended by deleting the words "or the High Court
Procedure Act 1903-1950" and substituting therefor the words "of the High 
Court of Australia Act 1979 or the Judiciary Act".

(6) Order 11 rule 17 is amended by deleting paragraph (b).

(7) Order 12 rule 5 (2) is amended by deleting the words "of the Registry in
which the interlocutory judgment is entered".

(8) Order 13 rule 10 (1) is amended by deleting the words "of the Registry in
which the interlocutory judgment is entered".

(9) Order 26 rule 9 (3) is amended by deleting the words "If the action is
pending" and substituting therefor the following words "If the originating
process in the action was issued by an office of the Registry other than that
where the seat of the Court is located".

(10) Order 28 rule 4 (1) is amended by deleting the words "of the Registry in
which the interlocutory judgment was entered".

(11) Order 30 rule 14 is amended by deleting the words "of the Registry from
which the warrant for arrest issued".

(12) Order 36 rule 4 is amended by deleting the words "section 13 of the High
Court Procedure Act 1903-1950" and substituting therefor the words "section
77B of the Judiciary Act".

(13) Order 43 rule 12 is repealed.

(14) Order 58 rule 3 (1) is repealed.

(15) Order 58 rule 5A is repealed.

(16) Order 58 rule 14 is amended by deleting the words "the High Court
Procedure Act 1903-1950" and substituting the words "the High Court of 
Australia Act 1979 or the Judiciary Act".

(17) Order 59 rule 6 (1) is amended by deleting the words "(other than the
District Registry in the Australian Capital Territory)".

(18) Order 59 rule 6 (2) is repealed.

(19) Order 70 rule 9 (1) is repealed and replaced by the following sub-rule:

"(1) In the case of an appeal from a judgment of the Supreme Court of a State,
or some other Court of a State from which at the establishment of the
Commonwealth an appeal lay to the Queen in Council, security in the sum of One
hundred dollars for the prosecution of the appeal without delay and for the
payment of costs that may be awarded against the appellant shall be given
within-

   (a)  one month after the institution of the appeal;

   (b)  such other time as may be fixed by an order giving leave or special
        leave to appeal; or

   (c)  such further time as the Court or a Justice allows.".

(20) Order 70 rule 10 (1) is amended by deleting the words "sub-section (2) of
section 35 of the High Court Procedure Act 1903-1950" and substituting the
words "the last preceding rule".

(21) Order 70 rule 15 is amended by deleting the words "at the place of
hearing".

(22) Order 70 rule 16 (2) is amended by deleting the words "in which the
appeal is pending".



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