56.02 Preparing documents (other than court books). ], Part II: [A concise statement of the leave or special leave questions said to arise. 56.09.3 Subject to rules 56.09.4, 56.09.5 and 56.09.6, no disbursement, whether as a fee to counsel or otherwise, shall be allowed unless: (a) it has been paid before the filing of the bill of costs; and. 41.09.2 Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent’s costs in respect of the application, and such costs shall be taxed, unless agreed. 5.02 Serving notice of a constitutional matter. …...................(signed)............... ON APPEAL FROM THE [Name of Court appealed from]. 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. 56.09.1 The Taxing Officer shall allow such costs as the Taxing Officer considers reasonable for procuring the advice of counsel and for settling such documents as the Taxing Officer thinks proper to be settled by counsel. The Court or a Justice may, at any time on the application of a defendant or respondent to any proceeding in the Court, other than an application for special leave to appeal, order that a party who instituted the proceeding give security, within a time fixed by the order and in such amount as the Court or a Justice may fix, for the prosecution of the proceeding without delay and for the payment of such costs as may be awarded by the Court to that defendant or respondent. 42.08.1 A respondent who wishes to appeal from a part of the judgment below, or who seeks a variation of part of that judgment may, within 7 days after service upon that respondent of the notice of appeal, file a notice of cross‑appeal. (c) any solicitor who is entitled or intended to participate in the costs to be taxed. HIGH COURT RULES 2004 - made under the Judiciary Act 1903, Commonwealth Electoral Act 1918, Nauru (High Court Appeals) Act 1976 and High Court of Australia Act 1979 TABLE OF PROVISIONS CHAPTER 1--General rules PART 1--PRELIMINARY 1.01. Application, saving and transitional provisions for amendments. (b) the Court or a Justice otherwise orders. (b) unless the party seeking to file it shall first have paid into the High Court of Australia Suitors’ Fund the sum of $1 250 as security for the costs of the taxation. 54.02.1 A bill of costs shall be prepared in Form 28 showing: (b) the date on which each item was incurred; (c) particulars of the service charged for and of the item or items in the Schedule used to fix the charge; 54.02.2 Professional charges shall be entered in a separate column from the disbursements. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. , in relation to an application for leave or special leave to appeal, means the person making the application. Practice Direction means a Practice Direction made by the Justices of the Court or a majority of the Justices of the Court. 8.07.2 Without limiting the generality of rule 8.07.1, where any proceeding is pending in the Court, whether in its original or its appellate jurisdiction, the Court or a Justice on the application of a party may make such orders as are appropriate: (a) staying proceedings, whether in the Court or elsewhere, in whole or in part; (b) staying proceedings under any judgment or order, whether of the Court or otherwise; (c) admitting a person in custody to bail; (d) for the preservation of the subject matter of the proceeding. 41.09.8 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 shall: (a) prepare and file 9 copies of the application book; and. 4.01.6 In calculating any period of time fixed by or under these Rules an act done after 4.00 pm on a day shall be taken to have been done on the next day on which the Registry in the State or Territory where that act was done is open. 44.04.1 Unless otherwise directed by the Court or a Justice an intervener must: (b) serve a copy on each party and any other intervener. 25.07.3 The response must be signed: (a) by a legal practitioner on behalf of the defendant; or. 9.05.1 The address for service of a party commencing a proceeding in the Court shall be the address stated on the originating process as that party’s address for service, or if notice of change of address has been given, the address last notified as that party’s address for service. Determination of application............................................. 13.04..................... Orders other than in open court in relation to applications. 24.01.7 An affidavit may be sworn before a Justice, a Registrar, a person having authority to administer an oath and to take and receive affidavits for the purposes of the Federal Court of Australia, or the Supreme Court of a State or Territory, or a Justice of the Peace. ], Part VI: [Indicate whether the respondent seeks to supplement this summary with oral argument.]. 27.09.6 On application by a defendant who has filed an appearance the Court or a Justice may at any time give judgment for that defendant against the plaintiff if the defendant has a good defence on the merits. 44.04.4 An intervener’s written submissions must be in Form 27C. Amending laws are annotated in the legislation history and amendment history. A form prescribed in Schedule 1 to these Rules must be used, with any variations that are necessary or as the Registrar directs. 28.01.3 The Court or a Justice may make an order under rule 28.01.1 or 28.01.2: (a) on application by a defendant or respondent on notice; or. [name of firm and address for service, DX, telephone and facsimile numbers and name of solicitor]. (c) be served together with any affidavit upon which the party applying intends to rely. 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. Bills of costs which are to be taxed shall be taxed, allowed and certified by a Taxing Officer. 283; 2012 No. The Attorney‑General of [the Commonwealth of Australia or the name of a State or Territory] gives notice of the Attorney‑General’s intervention in this proceeding under Section 78A of the Judiciary Act 1903. ], Part II: [A brief statement of the factual issues in contention. 27.07.4 A party may plead and demur to the same matter. includes an information or other process setting out the offence with which an applicant was charged before the court first recording a conviction or sentence. or tribunal, arranged in the following order: Application for leave to intervene or to be heard as, An application for leave to intervene or to be heard as, Preparation and filing of core appeal books, Applications and appeals from the Supreme Court of Nauru, This part applies to applications and appeals to the Court from the Supreme Court of Nauru under the. 57.01.3 The Taxing Officer will notify each party to the taxation, in writing, of the estimate made under rule 57.01.1. 57.02.2 A notice of objection pursuant to rule 57.02.1 shall: (a) state each item to which the party objects; (b) state concisely the grounds of objection; (c) state the amount (if any) which the party contends should be allowed for the item; and. (b) serve a copy on the appellant and any intervener. If a person wrongfully claims to hold an office under the Commonwealth, the Court or a Justice may grant an injunction restraining the person from purporting to act in that office and may, if the case so requires, declare the office to be vacant. 12.03.1 An order which directs funds to be paid into Court shall direct the credit to which the funds are to be placed. 57.01.6 Where a notice of dispute or notice of objection is filed in accordance with this rule, the Taxing Officer shall appoint a time and place for the taxation of the bill. 25.02.3 In all cases other than those for which rule 25.02.2 provides, a defendant may be described by name or by the name of the office held or both. The High Court of Australia has ruled that Aboriginal people cannot be considered ‘aliens’ under immigration law and therefore cannot be deported for criminal convictions. 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. 9.02.2 In the case of initiating process, the copy for service shall be sealed in accordance with rule 20.02. [state precisely the grounds relied on], This application shall be heard at the time and place stated, Either [if a summons is to be served with the application] in the summons served with this application. 9.03 Effecting service on particular defendants. (e) shall state specifically the relief or remedy claimed. unrepresented applicant means an applicant to an application for leave or special leave to appeal who does not have legal representation. 41.11.2 If an application is listed for hearing, a party who is present at the hearing, or a legal practitioner on behalf of a party, may appear and, subject to rule 41.11.3, present oral argument. (b) a copy of each later provision amending or repealing those provisions, together with any relevant transitional provision. Full details of any changes can be obtained from the Office of Parliamentary Counsel. 41.04.3 A respondent willing to submit to any order that the Court may make, save as to costs, may file a submitting appearance in Form 8. 41.09.6 If any document is referred to in a summary of argument by reference to its original pagination, that reference shall be accompanied by a notation in the right hand margin of the summary of argument of the corresponding page number in the application book. 50.05.1 Where a hearing cannot conveniently proceed because counsel or the solicitor for a party: (a) has neglected to attend personally or by some proper person; or. The applicant’s address for service is ......................... Part I: [A concise statement, in the case of an application for an order for removal, of the constitutional question, and in the case of an application for leave or special leave to appeal, of the leave or special leave questions, said to arise. 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