r 1.07........................................ r 1.08........................................ am No 218, 2006; No 240, 2010; F2016L01351; F2019L01677. 41.02.1 An application shall be filed within 28 days after the judgment below was pronounced. 10.02.2 If a mandamus, mandatory order, injunction, or other judgment requiring a person to do an act is not obeyed, the Court or a Justice, whether or not proceedings for contempt have been taken against the disobedient party, may direct that the act be done, so far as practicable and at the expense of the disobedient party, by the party who obtained the order or by some other person. [Set out the facts relied on to invalidate the election or return, setting out those facts with sufficient particularity to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief.]. IF YOU INTEND TO DEFEND the proceeding you must file a notice of appearance. (ii) within such other period ordered by the Court or a Justice. 5.01.3 The notice of a constitutional matter shall be in Form 1. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. 56.09.4 Where a party is represented as counsel by a Law Officer or by an employee of the Crown, and the party is unable to vouch payment of a fee to that practitioner, the Taxing Officer may, in cases where a fee would have been allowed to counsel, allow to the party such sum as counsel’s fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances. 6.01.2 A step taken in accordance with directions given by the Court, a Justice or the Registrar is regular and sufficient. Note: For the persons who are eligible to apply for a vexatious proceedings order, see paragraphs 77RN(3)(a) to (d) of the Judiciary Act 1903. ], Part VII: [An estimate of the number of hours required for the presentation of the respondent’s oral argument. 26.04.3 A response shall be signed: (a) by a legal practitioner on behalf of the respondent; or. (b) the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding. 23.03.1 Where a defendant wishes to object to the jurisdiction, to the originating process, or to the service of the originating process, the defendant may file a conditional appearance. 56.09.6 If a fee would have been allowed to counsel for preparing a document or for appearing as counsel, the Taxing Officer may allow to a party a sum the Taxing Officer considers reasonable as counsel’s fee if: (a) the party is represented by counsel; and, (b) the party is unable to provide proof of payment of the fee to counsel; and. ], Part III: [Where necessary, why leave to intervene or to be heard as amicus curiae should be granted. THE TIME FOR FILING AN APPEARANCE is as follows: (a) where you are served with the application within Australia—14 days from the date of service; (b) in any other case—42 days from the date of service. 41.01.2 An application shall be signed: 41.01.4 An application shall be accompanied by the following: (a) a copy of the sealed order or judgment of the court below; (b) a copy of the reasons for the judgment below; (c) if the judgment below determines an appeal or reviews a decision: (i) a copy of the primary sealed order or judgment or decision; and. This is a compilation of the High Court Rules 2004 that shows the text of the law as amended and in force on 21 December 2019 (the compilation date). 42.07.3 Where a person is added as a respondent by an order made under rule 42.07.1 the notice of appeal shall be served on that person in accordance with rule 42.05. ], [Firm name (if known) or Respondent is self‑represented]. (d) make whatever order for the punishment or discharge of the alleged contemnor as is just. (c) be filed and served on each party to the proceeding who has filed an appearance. means the Commonwealth Bank of Australia. (d) refer the whole or a part of the application for further hearing by a Full Court. ], Part III: [Certification that the respondent has considered whether any notice should be given in compliance with section 78B of the Judiciary Act 1903. ], Part II: [A brief statement of any factual issues in contention.]. [State briefly the grounds of appeal. 44.03.1 Unless otherwise directed by the Court or a Justice, the respondent must, within 28 days after service of the appellant’s written submissions: (a) file its written submissions, not exceeding 20 pages; and. If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. 11.03.2 An arrest warrant shall be in Form 5. Harrison. (e) the notice of appeal or application for leave to appeal to the court below. 5.02.2 If rule 5.02.1 does not apply to the proceeding, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such other party as the Court or a Justice may direct, must: (i) if the matter arises in a pleading or in the argument to be advanced in support of the pleading—within 7 days after the pleading is delivered; or, (ii) if the matter arises in an originating process or in the argument to be advanced in support of the originating process—within 7 days after the originating process is filed; or, (iii) if neither subparagraph (i) nor (ii) applies, and the matter arises before the day fixed for a hearing of a proceeding—not later than 14 days before that day; or. 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. ], 3. 25.16.4 The person to whom a writ of habeas corpus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit deposing to the ground or grounds of detention of the person named in the writ. (f) specify the precise form of order which the appellant contends the Court should make including any special order as to costs. 57.04.3 A certificate of taxation shall: (b) be prepared by or under the direction of a Taxing Officer; and. 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. Where the costs of an application are reserved by the Court or a Justice, and no order is later made directing by and to whom those costs are to be paid, the costs shall be costs in the cause. (ii) all rights to relief in the proceeding (whether joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions. 6.01.1 Where the manner or form of procedure for commencing or taking any step in a proceeding or exercising the jurisdiction of the Court is not prescribed by these Rules or there is any doubt about the manner or form of that procedure the Court, a Justice or the Registrar shall determine what procedure is to be adopted and may give directions. 54.02.5 Every bill of costs shall be endorsed with the name and address of: (b) in agency matters, the principal solicitor; and. (c) an employee of a party other than a body politic; shall not be used in evidence by or on behalf of the party. When personal service of a document is not required, the document may be served by: (a) leaving it at the person’s address for service; or, (b) posting it to the person’s address for service; or. 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. Note: For the requirement to file and serve the appearance, see Part 23. 26.06.2 An unrepresented applicant must not prepare an application book, unless the Registrar directs the applicant to prepare an application book. 54.02.3 At the end of the bill, a bill of costs shall state the total of the costs claimed and the total of the column of professional charges and the total of the column of disbursements. 41.07.2 The contents of the application book shall be as follows: (a) each document required by rule 41.01.4; (b) the application for leave or special leave; (e) any affidavit filed under rule 41.02.2 explaining a failure to comply with rule 41.02.1; (f) any submitting appearance filed by a respondent; (g) any other document directed by the Registrar to be included in the application book. (d) how the legislation, principle or rule applies to the facts or other relevant material in the case. (b) serve, with its written submissions, the indexed book of the respondent’s further material on the appellant and any intervener. If a proceeding, or part of a proceeding, is remitted by the Court to another court, the Rules of that other court govern all steps taken in that other court after the order for remitter is made. ], Part II: [A concise statement of the constitutional or other question. (e) shall state specifically the relief or remedy claimed. Applications for leave or special leave to appeal, Initiation of application for leave or special leave to appeal, (a) in a civil case—documents in the primary court. 23.01.1 Except as provided by rule 23.03, or by leave of the Court or a Justice, a defendant shall not take any step in a proceeding unless that defendant has first filed an appearance. 22.01.3 An election petition shall be served in accordance with Chapter 3. 27.08.1 By leave of the Court or a Justice, the parties to a proceeding may agree in stating the questions of law arising in the proceeding in the form of a special case for the opinion of the Full Court. (b) applying to the Taxing Officer to reconsider the taxation in respect of those items or parts. 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. 13.04 Orders other than in open court in relation to applications. Where a petition claims a seat for a person who has not been returned as a Member or Senator and a respondent wishes to contend that the person for whom the seat is claimed was not duly elected for some reason other than that the person did not have the requisite majority of valid votes, that respondent shall, within 7 days after filing a notice of appearance, or within such further time as the Court or a Justice allows, file and serve on the petitioner a statement of the grounds on which that person intends to rely setting out those grounds in the same manner in which facts relied on to invalidate an election or return are to be set out in a petition. 11.04.1 Where an alleged contemnor is found guilty of contempt of Court the Court or Justice may order: (a) where the contemnor is a natural person, that the contemnor pay a fine, be committed to prison, or both pay a fine and be committed to prison; or. 44.05.5 Written submissions in reply must be in Form 27E. The appellant appeals [pursuant to special leave to appeal granted on [, 1. Posted: Dec 18, 2020 / 02:09 PM CST / Updated: Dec 18, 2020 / … Thank you. (b) be served, together with the affidavit: (i) within 3 days after the application is filed; or. 42.07.4 Where, after an appeal 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 and make such other order, whether of a kind referred to in rule 21.08 or otherwise, as may be necessary or appropriate. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. ], Part II: [List of principal events leading to the litigation, with appropriate references to the appeal book in respect of findings of fact and evidence relating to those events. 25.09.1 The Court or a Justice may dismiss an application, without listing the application for hearing, on the ground that the application does not disclose an arguable basis for the relief sought or is an abuse of the process of the Court. 1. unrepresented person means an applicant or respondent to an application who does not have legal representation. respondent includes a defendant or other party opposing before the Full Court. Posted: Dec 18, 2020 / 09:10 AM CST / Updated: Dec 18, 2020 / 02:30 PM CST. 1.03.3 These Rules govern all proceedings commenced in the Court on or after the effective date. (b) if no fee is payable under the Fees Regulations for filing the document: (i) on the day the document is received; or. 24.01.4 An affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject. 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. 5.02 Serving notice of a constitutional matter. 10.02.4 A judgment or order for the payment of money into Court or for the performance of any act other than payment of money to another may be enforced by attachment. 4.01.4 Where a period of 5 days or less would include a day on which the office of the Registry is not open in the State or Territory where the act is to be done or may be done that day shall be excluded. (c) make any other order as may seem just. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. 41.02.2 If an application is not filed within the time limited by rule 41.02.1, the applicant shall: (a) in the application, seek an order that compliance with that time limit be dispensed with; and. But the court’s decision Friday is not a final ruling on the matter and it’s not clear whether Trump will receive final numbers from the Census Bureau before he leaves office next month. 1. 44.02 Written submissions and further material—appellant. 42.14.1 An appellant may discontinue an appeal by filing a notice of discontinuance in Form 25 and by serving the notice on the respondent. 42.08A Application for leave to intervene or to be heard as amicus curiae. The 3-3 deadlock affirmed a Court of Appeals opinion that found the appropriation constitutional and sent the case back to the Court of Claims to consider the issue in light of the high court… Jan 01 Application for leave to intervene or to be heard as. HCUR_Form 02 A: Notice of motion (to registrar and respondent) HCUR_Form 02: Notice of motion (to registrar) HCUR_Form 06: Assignment of Bail Bond; HCUR_Form 07: Notice to third party ], Part III: [Certification that the appellant has considered whether any notice should be given in compliance with section 78B of the Judiciary Act 1903. I certify that the additions contained in this bill of costs are correct. 27.08.5 The Court may draw from the facts stated and documents identified in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial. (b) in a case where an application book is required—the applicant fails to prepare, file and serve an application book, as directed by the Registrar, within 4 months after filing the application. The nature of the claim made and the relief which the plaintiff seeks are as follows: Note: See rules 6.06.1, 13.02.1, 21.09.4, 23.03.4, 27.06.2, 27.07.6, 32.01.2 and 57.05.2. 9.03 Effecting service on particular defendants. 24.02.1 No subpoena shall be issued except upon a note from a Justice. These Rules prescribe the rules of procedure in proceedings in the High Court of Australia. 27.03.1 In every proceeding commenced by Writ of Summons the plaintiff shall file and serve a Statement of Claim. ], Part VI: [Any reasons why an order for costs should not be made in favour of the defendant in the event that the application is refused. ], [Senior legal practitioner presenting the case in Court, Part I: [Certification that the chronology or the redacted version of the chronology (as the case requires) is in a form suitable for publication on the internet. 1.10.3 A Registrar must not accept a document lodged for filing if the document is subject to the direction of a Justice under rule 6.07 and the leave referred to in that rule has not been obtained. 42.08.2 A notice of cross‑appeal shall: (b) state what part of the judgment below the respondent cross‑appeals from, or contends should be varied; (c) briefly, but specifically, set out the grounds relied upon in support of the cross‑appeal; and. 41.07.6 Within 21 days after the time fixed for filing and serving a reply, or such other time as a Justice or the Registrar may direct, the applicant must: (a) prepare and file the application book; and. (b) after the title page, an index consisting of a complete list of documents included in the core appeal book stating: (i) the page of the book on which each document starts; and. 8.04.5 For rule 8.04.1, the written consent need not be signed by: (a) a party who has not filed an appearance; or. If security is not given in accordance with an order that it be given, the Court or a Justice may, on the application of the party having the benefit of the order, direct that the proceeding be dismissed and enter judgment accordingly. 57.03.4 Upon application under rule 57.03.1 to reconsider the taxation, the Taxing Officer shall reconsider and review the taxation in relation to the objections and may, if the Taxing Officer thinks fit, receive further evidence in respect of the objections. 11.04.2 Where a contemnor is ordered to pay a fine the Court or Justice may order: (a) where the contemnor is a natural person, that the contemnor be imprisoned or further imprisoned until the fine is paid; or. (b) a writ of habeas corpus or quo warranto; a proceeding must be commenced in the Court by filing an application for a constitutional or other writ in accordance with Part 25. The Taxing Officer shall allow only the copying of such documents or parts of documents accompanying briefs as the Taxing Officer considers necessary for the proper instruction of counsel or for use at the hearing. 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. 9.04A.2 If an email relating to a document is sent to a party in accordance with rule 9.04A.1, the document is taken to be served on the party: (a) if the email was sent during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c) when the document was filed—on the day the email was sent; or. (b) a party who has filed a submitting appearance if the order consented to does not require the party to pay costs. 3.01.1 The Court or a Justice may, at any stage of a proceeding, allow a party to amend any document in the proceeding. 42.05.5 Within 7 days after serving or lodging documents in accordance with rule 42.05.1, 42.05.2 or 42.05.3, the appellant must file an affidavit stating the time and manner of the service or lodgment. Note: See subsection 77RQ(4) of the Judiciary Act 1903 in relation to service of the application. IF YOU ARE WILLING TO SUBMIT to any order that the Court may make, save as to costs, you may file a submitting appearance. (c) any person between whom and any party to the proceeding there may exist a question arising out of or relating to or connected with any claim in the proceeding which it is just and convenient to determine as between that person and the party as well as between the parties to the proceeding be joined as a party. 41.05.3 A response shall be in Form 23A. respondent, in relation to an application, means a person who is required to be served with the application, other than the proper officer of the court below, and in relation to an appeal, means a person who has been served with a notice of appeal. The writ for the election was returned on [date]. 11.04.3 An order committing a contemnor to prison shall specify the prison to which the contemnor is to be committed. 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. (b) that the originating process was duly served on that party; the Court or a Justice may order that the plaintiff shall be at liberty to proceed. 27.07.3 A demurrer shall state the ground or grounds in law for the demurrer. The Applicant applies for leave to institute the attached proceeding. 56.07.2 The Taxing Officer shall allow the necessary expense in agency matters of postage, carriage and transmission of documents. 32.05.1 A petition may be withdrawn by leave of the Court or a Justice upon such terms as the Court or Justice thinks fit. 9.05.1 Subject to rule 9.05.3, each of the following is an address for service of a party commencing a proceeding in the Court: (a) the postal address referred to in rule 1.07.2 provided with the originating process; (b) the email address referred to in rule 1.07.2 provided with the originating process. (b) to tax those costs without an order for taxation. (ii) the reasons (if any) of the primary court or decision‑maker that were before the court below; (ii) the transcript of entry of a plea of guilty or the summing up or charge; and, (iii) the transcript of entry of verdict; and. Another petitioner places and on the respondent is self‑represented ]. ]. ]. ]. ] ]! 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