EXPLANATORY STATEMENT

Select Legislative Instrument 2010 No. 240

High Court Amendment Rules 2010 (No. 1)

1 OCTOBER 2010

 

 

These Amendment Rules of Court, signed by the Justices on 1 October 2010, are made by the Justices under s 86 of the Judiciary Act 1903, s 375 of the Commonwealth Electoral Act 1918, s 6 of the Nauru (High Court Appeals) Act 1976 and s 48 of the High Court of Australia Act 1979.

 

The Amendment Rules change the procedures that govern the steps to be taken before the hearing of appeals. They provide for a revised timeframe for the making of written submissions, to be calculated from the grant of special leave to appeal or referral to an enlarged Court for hearing as if on appeal. They add the requirement that counsel will be required to provide at the hearing a written outline of oral argument.

 

The Court proposes to publish written submissions filed for use in Full Court matters by posting them on the Internet at a site available to the public generally. The Amendment Rules provide that those who prepare the submissions must certify that the submissions are suitable for general publication or, alternatively, must prepare a redacted version of the submissions suitable for publication.

 

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

 

The Amendment Rules also correct, update or clarify other Parts of the Rules to reflect legislative and other changes which have occurred since the last amendments to the Rules.

 

The Amendment Rules are to commence on 1 January 2011.