Commonwealth Numbered Regulations - Explanatory Statements

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HIGH COURT AMENDMENT RULES 2012 (NO. 1) (SLI NO 96 OF 2012)

HIGH COURT AMENDMENT RULES 2012 (No. 1)

Select Legislative Instrument 2012 No. 96

EXPLANATORY STATEMENT

These Amendment Rules of Court, signed by the Justices on 31 May 2012, 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 incorporate amendments suggested by the Special Committee of Solicitors-General in light of their experience of working with the standard timetable introduced by the Court in January 2011 for the steps to be taken by the parties and interveners in advance of hearings.

The Amendment Rules provide for an enlarged timeframe for the filing of written submissions in advance of the hearing of appeals and applications referred to an enlarged Court for hearing as if on appeal.

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

Section 9 of the Legislative Instruments Act 2003 provides that Rules of
Court made for the High Court are not legislative instruments for the purposes of that Act. The Human Rights (Parliamentary Scrutiny) Act 2011 does not apply to any such Rules of Court and no statement of compatibility for the purposes of that latter Act is included in the Explanatory Statement.

The Amendment Rules are to commence on 1 July 2012.

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