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These Rules may be referred to as the High Court Rules 2004.
These Rules prescribe the rules of procedure in proceedings in the High Court of Australia.
1.03.3 These Rules govern all proceedings commenced in the Court on or after the effective date.
1.03.4 In any proceeding that was commenced before the effective date these Rules govern all steps taken on or after that date unless the Court or a Justice orders that the former Rules shall apply, with or without modification, to that step.
If a cause, or part of a cause, is removed into the Court, these Rules govern all steps taken in the Court in that cause after the order for removal is made.
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.
In these Rules, unless the contrary intention appears:
approved form means a form approved under rule 1.09.2 for the purposes of these Rules.
Fees Regulations means the High Court of Australia (Fees) Regulation 2012.
month means calendar month.
non‑publication order: see section 77RA of the Judiciary Act 1903.
Practice Direction means a Practice Direction made by the Justices of the Court or a majority of the Justices of the Court.
proceeding includes an application to commence a proceeding.
Registrar means the Chief Executive and Principal Registrar, the Senior Registrar or a Deputy Registrar appointed under the High Court of Australia Act 1979.
suppression order: see section 77RA of the Judiciary Act 1903.
the Court means the High Court of Australia.
vexatious proceeding: see subsection 77RL(1) of the Judiciary Act 1903.
vexatious proceedings order: see subsection 77RL(1) of the Judiciary Act 1903.
1.07.1 Unless the Registrar otherwise directs, a document to be filed in the Court must be lodged with the Court by being sent electronically using the Court’s Digital Lodgment System Portal.
For when a document is filed, see rule 1.10.
1.07.2 The following information must also be provided with the document using the Court’s Digital Lodgment System Portal:
if a solicitor prepares the document—the name, postal address, telephone number and email address of the firm, and the name of an individual in the firm who can be contacted in respect of the matter;
if the party or person on whose behalf the document is to be filed is not represented by a solicitor—the name, postal address, telephone number and email address of the party or person;
in any case—the capital city of the State or Territory in which the proceedings are to be, or were, commenced.
1.07.3 The person who sends the document must:
keep a paper or electronic copy of the document; and
if directed to do so by the Court, a Justice or the Registrar, produce a hard copy of the document.
1.08.1 Unless these Rules provide otherwise, a document to be filed in the Court must:
be in clear, sharp, legible and permanent type of at least 12 point size; and
be in A4 size; and
have margins of at least 2.5 cm at the top, bottom, left and right sides; and
have each page numbered and every tenth line on each page numbered in the left margin; and
be without erasure or alteration that causes material disfigurement; and
comply with any other requirements relating to formatting specified in a Practice Direction.
1.08.2 Unless these Rules provide otherwise, the first page of a document to be filed in the Court must be indorsed:
first, with the title of the proceeding or proposed proceeding in which it is filed;
next, with a short description of the document including, in the case of an affidavit, the name of the deponent;
at the foot of the page with:
the date of the document;
the party or other persons on whose behalf it is filed.
1.08.6 If:
a document is to be filed in the Court; and
the document contains information to which a suppression order, a non‑publication order, or any other confidentiality order, made by a court applies;
the document must be accompanied by a copy of the relevant order.
1.09.1 In these Rules, a reference to a form by number is a reference to the form so numbered approved under rule 1.09.2.
1.09.2 The Justices of the Court, or a majority of them, may approve a form for the purposes of these Rules.
Approved forms are published on the Court’s website (http://www.hcourt.gov.au). The approved forms may be set out in a Practice Direction.
1.09.3 An approved form may be used with any variations that are necessary or as the Registrar directs.
1.10.1 A document is filed in the Court if:
it has been lodged with the Court in accordance with rule 1.07; and
it is accepted in the Registry.
1.10.2 A Registrar must not accept a document lodged for filing unless any fee payable under the Fees Regulations for filing the document has been paid.
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.
1.10.4 A Registrar may refuse to accept a document lodged for filing if it appears to the Registrar that the document:
is not substantially complete; or
does not substantially comply with these Rules; or
is not properly signed or executed.
1.10.5 A document that is accepted in the Registry is taken to have been filed:
if a fee is payable under the Fees Regulations for filing the document:
on the day the fee is received; or
if the fee is not received during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c)—on the next day the office is open; or
if no fee is payable under the Fees Regulations for filing the document:
on the day the document is received; or
if the document is not received during the office hours of the office of the Registry at the capital city provided under paragraph 1.07.2(c)—on the next day the office is open.
1.10.6 If a document is filed in the Court, a Registrar must insert as the first page of the document a page that records the date of filing.
1.10.7 If a page has been inserted as the first page of a document in accordance with rule 1.10.6, the page is taken to be part of the document for the purposes of these Rules.
2.01.1 Chapters 1 and 5 of these Rules apply to all proceedings in the Court.
2.01.2 Other Chapters of these Rules apply to the proceedings with which they deal.
The Court or a Justice may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.