High Court Amendment Rules (No 2) 2000

2000/254

High Court Amendment Rules (No 2) 2000


Note

These rules are administered in the Ministry of Justice and the Department for Courts.


PURSUANT to section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

1 Title
  • (1) These rules are the High Court Amendment Rules (No 2) 2000.

    (2) In these rules, the High Court Rules from time to time set out in Schedule 2 of the Judicature Act 1908 are called the High Court Rules.

2 Commencement
  • These rules come into force on 1 January 2001.

3 Affidavit evidence of petitioning creditor
  • Rule 839(2) of the High Court Rules is amended by omitting the words at least 3 days, and substituting the words not earlier than the third day.

4 New Schedule 3 substituted
  • The High Court Rules are amended by revoking Schedule 3, and substituting Schedule 3 set out in the Schedule of these rules.

5 Transitional provision relating to application of new Schedule 3
  • (1) Costs for a step in proceedings taken on or after 1 January 2000 and before the commencement of these rules must be determined in accordance with Schedule 3 of the High Court Rules as in force immediately before the commencement of these rules.

    (2) If the application of subclause (1) would, in the opinion of the Court, lead to an unjust result, the Court may have regard to what the determination of costs would be for the particular step in the proceeding in accordance with Schedule 3 of the High Court Rules as substituted by rule 4 of these rules.

    (3) Costs for a step in proceedings taken on or after 1 January 2001 must be determined in accordance with Schedule 3 of the High Court Rules as substituted by rule 4 of these rules.

    (4) If the application of subclause (3) would, in the opinion of the Court, lead to an unjust result, the Court may have regard to what the determination of costs would be for the particular step in the proceeding in accordance with Schedule 3 of the High Court Rules as in force immediately before the commencement of these rules.


Schedule
New Schedule 3 Substituted in High Court Rules

r 4

Third Schedule
Time Allocations

r 48B

General civil proceedingsAllocated days or part days
  ABC
1Commencement of proceedings by plaintiff (receiving instructions, researching facts and law, and preparing, filing, and serving statement of claim and notice of proceeding or equivalent or originating application)1.6310
     
2Commencement of defence by defendant (receiving instructions, researching facts and law, and preparing, filing, and serving statement of defence or notice of opposition)126
     
3Other pleadings and notices:   
3.1Counterclaim.81.64.8
3.2Cross-notice between defendants.61.24
3.3Commencement of proceedings against third parties, including notice and statement of claim1.22.47
3.4Notice of appearance with protest to jurisdiction.3.62
3.5Notice of appearance.2.2.2
3.6Pleading in response to other party's amended pleading (payable regardless of outcome except where formal or consented to).3.62
     
4Interlocutory proceedings and related steps:   
4.1Notice to answer interrogatories.414
4.2Answer to interrogatories.414
4.3Notice to admit facts.4.82.4
4.4Admission of facts.4.82.4
4.5List of documents on discovery.71.56
4.6Production of documents for inspection.313
4.7Inspection of documents.51.56
4.8Payment into Court.3.3.3
4.9Filing offer of other relief.3.3.3
4.10Filing and serving memorandum in anticipation of judicial conference or mentions hearing.2.41
4.11Appearance at judicial conference.3.3.7
4.12Preparing and filing interlocutory application (excluding summary judgment application) and supporting affidavits.3.62
4.13Preparing and filing opposition to interlocutory application (excluding summary judgment application) and supporting affidavits.3.62
4.14Preparation for hearing of defended interlocutory application (excluding summary judgment application)The time occupied by the hearing measured in quarter days
4.15Appearance at hearing of defended interlocutory application (excluding judgment summary application) for sole or principal counselAppearance in Court measured in quarter days
4.16Second and subsequent counsel if allowed by Court50% of allowance for appearance for principal counsel
4.17Appearance at mentions hearing or callover.2.2.2
4.18Sealing order or judgment.2.2.2
     
5Summary judgment application (additional to costs in items 1 to 3):   
5.1Preparing and filing summary judgment application and supporting affidavits.3.62
5.2Preparing and filing opposition and supporting affidavits.3.62
5.3Arguing defended summary judgment application for sole or principal counselAppearance in Court measured in quarter days
5.4Second and subsequent counsel if allowed by Court50% of allowance for appearance for principal counsel
     
6Obtaining judgment without appearance (additional to costs in items 1 to 5).3.3.5
     
7Preparation for hearing following setting down or direction for trial if trial does not eventuate:   
7.1Plaintiff's preparation of affidavits or written or oral statements of evidence to be used at hearing1.52.55
7.2Plaintiff's preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation1.52.55
7.3Defendant's preparation of affidavits or written or oral statements of evidence to be used at hearing124
7.4Defendant's preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation124
     
8Preparation for hearing if case proceeds to hearingTwice the time occupied by the hearing measured in half days
     
9Appearance at hearing:   
9.1For sole or principal counselAppearance in Court measured in half days
9.2Second and subsequent counsel if allowed by Court50% of allowance for principal counsel
     
10Execution of judgment or order   
10.1Charging order without application.3.31
10.2Charging order with application, including any unopposed order.5.51.4
10.3Writ of sale.5.5.7
10.4Other execution process.5.5.7
     
11Other steps in the proceeding not specifically mentionedAs allowed by Court
     
12Disbursements:   
12.1Fees of CourtAs paid
12.2Witnesses 'and interpreters' fees, allowances, and travelling expensesIn accordance with Witnesses and Interpreters Fees Regulations 1974
12.3Reasonable agency charges, including those incurred in preparing for trialIf and to the extent allowed by Court
12.4Reasonable expenses incurred in effecting service of any documentAs paid
12.5Reasonable expenses incurred in binding necessary number of copies of common bundle of documentsAs paid
12.6Ordering, paginating, preparing index for, and photocopying necessary number of copies of common bundle of documentsCost per page as stipulated
12.7Other necessary paymentsAs paid
     
Appeals and Reviews of MastersAllocated days or part days
  ABC
13Commencement of appeal or review (including assessing original decision, noting appealable or reviewable points, and filing and serving notice of appeal and points of appeal or notice of application).2.51.5
     
14Preparation for judicial conference.1.2.4
     
15Appearance at judicial conference.1.2.4
     
16Preparation for appeal or reviewThe time occupied by the hearing measured in quarter days
     
17Appearance at hearingAppearance in Court measured in quarter days
     
Bankruptcy proceedingsAllocated days or part days
(additional to costs in items 1 to 12 if allowed by Court)ABC
18Preparing, filing, and serving bankruptcy notice.1.2.6
19Preparing bankruptcy petition and other documents.2.41.2
20Appearance at hearing.2.41.2
21Supporting party on bankruptcy.2.41.2
     
Company liquidation proceedingsAllocated days or part days
(additional to costs in items 1 to 12 if allowed by Court)ABC
22Preparing and issuing statutory demand.1.2.6
23Preparing statement of claim and other documents.3.61.8
24Appearance at hearing.2.41.2
25Supporting party on liquidation.2.41.2

Marie Shroff,

Clerk of the Executive Council.

Explanatory Note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the High Court Rules. The rules come into force on 1 January 2001.

Rule 3 amends rule 839(2) of the High Court Rules. At present, a petitioning creditor's supporting affidavit must be sworn at least 3 days before the date of the hearing of the petition. The effect of the amendment is to require the affidavit to be sworn not earlier than the third day before the date of hearing of the petition. This will ensure the most up to date information is included. This reinstates the position under the original rule 34A of the Insolvency Rules 1970.

Rule 4 substitutes a new Schedule 3 for the existing Schedule 3 of the High Court Rules. Schedule 3 sets out the time allocations for steps in proceedings for the purposes of determining awards of costs. In essence, costs are assessed on the basis of applying the appropriate daily recovery rate specified for the particular category of proceedings in Schedule 2 of the High Court Rules to the time allocated for each step in the proceedings specified in Schedule 3 of the High Court Rules.

The main changes to Schedule 3 are—

  • item 1 (commencement of proceedings by plaintiff) and item 2 (commencement of defence by defendant) are amended to make it clear that those items include originating applications:

  • item 4 (interlocutory proceedings and related steps) is amended to provide for preparation for the hearing of a defended interlocutory application. The time allowed is the same as the hearing time; that is, the appearance in Court measured in quarter days:

  • item 4 is also amended to provide for second or subsequent counsel if allowed by the Court on the same basis as for the hearing of the proceedings; that is, 50% of the allowance for principal counsel:

  • item 5 (summary judgment) is amended to provide for second or subsequent counsel:

  • item 7 (preparation for hearing) is split into 2 separate parts for both plaintiffs and defendants. The first comprises preparation of affidavits or statements of evidence, and the second comprises preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation. The existing time allocations are divided equally for both parts:

  • a new item (appeals and reviews of Masters) is included and covers commencement of the appeal or review, preparation and appearance at a judicial conference, and preparation for, and appearance at, the hearing of the appeal or review:

  • changes to the numbering of the items listed in the Schedule.

Rule 5 is a transitional rule. It provides that, in the case of steps taken in proceedings after the commencement of the new costs regime on 1 January 2000 and before the commencement of the new Schedule 3 on 1 January 2001, costs must be determined on the basis of the Schedule 3 in force in that period. If, however, the Court considers that a determination of costs on that basis would be unjust, it may determine costs on the basis of the new Schedule 3.

For steps taken after the commencement of the new Schedule 3, costs must be determined on the basis of the new Schedule 3. Likewise, if the Court considers that a determination of costs on the basis of the new Schedule 3 would lead to an unjust result, it may determine costs on the basis of the former Schedule 3.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 30 November 2000.