News

Changes to procedures in the High Court of Australia

 

Following a comprehensive review of the current appellate procedures in the High Court of Australia, the Justices decided to expand the timeline for the filing of material in advance of the hearing of appeals to ensure that the parties have sufficient time to prepare their written argument and to select the material to which the Court will be taken during the hearing.  The review included consultation with members of the legal profession through the law Council of Australia and the Australian Bar Association.

High Court Amendment (Appeals and Other Matters) Rules 2017 – F2017L01350
The High Court Amendment (Appeals and Other Matters) Rules 2017 were registered on the Federal Register of Legislative Instruments on 13 October 2017 and commence on 1 January 2018.  The Amendment Rules implement changes to the timing, sequence and form of some of the material filed by the parties in advance of the hearing of an appeal.

Practice Direction No 1 of 2017 Joint Book of Authorities
The Court has also issued a new Practice Direction regarding the provision of authorities by the parties in Full Court matters, commencing with matters set down for hearing after 1 January 2018.  The practice Direction requires the parties to provide a joint book of the legislation, cases, and other material on which counsel will be relying at the hearing.  The senior legal practitioner for each party and intervener will be required to certify that the authorities are those to which they intend to refer at the hearing and that they are satisfied that the legislation is the correct version and that the case citations are accurate and up to date.

 

Explanantory Statement High Court Amendment (Appeals and Other Matters) Rules 2017 – F2017L01350