High Court Rules 2016

  • This version was replaced on 29 January 2018 to make a correction to rule 20.13(3) under section 25(1)(k) of the Legislation Act 2012, and on 13 June 2018 to make corrections to Schedule 1 form G 1 under section 25(1)(g) of the Legislation Act 2012, and on 5 February 2019 to make a correction to Schedule 1 form B 5 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.

Schedule 3 Time allocations

r 14.5

Schedule 3: replaced, on 14 June 2012, by rule 5 of the High Court Amendment Rules 2012 (SR 2012/93).

General civil proceedingsAllocated days or part days
ABC
Commencement
1Commencement of proceeding by plaintiff1.6310
2Commencement of defence by defendant126
Other pleadings and notices
3Reply0.40.82.4
4Counterclaim0.81.64.8
5Cross-notice between defendants0.61.24
6Third party notice and statement of claim1.22.47
7Notice of appearance0.20.20.2
8Notice of appearance with protest to jurisdiction0.30.62
9Pleading in response to amended pleading (payable regardless of outcome except when formal or consented to)0.30.62
Case management
10Preparation for first case management conference (including discussion about discovery)0.20.41
11Filing memorandum for first or subsequent case management conference or mentions hearing0.20.41
12Appearance at mentions hearing or callover0.20.20.2
13Appearance at first or subsequent case management conference0.30.30.7
14Preparation for and appearance at issues conference0.51
15Preparation for and appearance at pre-trial conference0.51
Interrogatories, discovery and inspection
16Notice to answer interrogatories0.414
17Answer to interrogatories0.414
18Notice to admit facts0.40.82.4
19Admissions of facts0.40.82.4
20List of documents on discovery0.72.57
21Inspection of documents0.51.56
Interlocutory applications (including applications for summary judgment and for review of interlocutory decisions)
22Filing interlocutory application0.30.62
23Filing opposition to interlocutory application0.30.62
24Preparation of written submissions0.51.53
25Preparation by applicant of bundle for hearing0.40.61
26Appearance at hearing of defended application for sole or principal counselThe time occupied by the hearing measured in quarter days
27Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
28Obtaining judgment without appearance0.30.30.5
29Sealing order or judgment0.20.20.2
Trial preparation and appearance
30Plaintiff’s or defendant’s preparation of briefs or affidavits1.52.55
31Plaintiff’s preparation of list of issues, authorities, and common bundle1.52.55
32Defendant’s preparation of list of issues, authorities, and common bundle124
33Preparation for hearing235
34Appearance at hearing for sole or principal counselThe time occupied by the hearing measured in quarter days
35Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
36Other steps in proceeding not specifically mentionedAs allowed by the court
Originating applications
37Filing application and supporting affidavits126
38Filing note of opposition and supporting affidavits126
39Case management (as for ordinary proceeding)
40Preparation of written submissions0.51.53
41Preparation by applicant of bundle for hearing0.40.61
42Appearance at hearing for sole or principal counselThe time occupied by the hearing measured in quarter days
43Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
Bankruptcy proceedings
44Filing and serving bankruptcy notice0.10.20.6
45Filing application for adjudication by creditor0.30.61.8
46Appearance at hearing0.20.41.2
47Supporting party on bankruptcy0.20.41.2
Company liquidation proceedings
48Issuing statutory demand0.10.20.6
49Filing statement of claim and other documents0.30.61.8
50Appearance at hearing0.20.41.2
51Supporting party on liquidation0.20.41.2
Appeals
52Commencement of appeal or cross-appeal0.513
53Commencement of response to appeal or cross-appeal0.30.51
54Case management (as for ordinary proceeding)
55Preparation of Case on Appeal0.512
56Preparation of written submissions136
57Appearance at hearing for sole or principal counselThe time occupied by the hearing measured in quarter days
58Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
Australian judgment proceedings
58APreparing and filing an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in the court an Australian judgment0.30.30.3
Enforcement of judgment or order
59Charging order without application0.30.31
60Charging order with application, including any unopposed order0.50.51.4
61Sale order, including sale of seized property0.50.50.7
62Other enforcement process0.50.50.7

Schedule 3: amended, on 11 October 2013, by rule 32 of the High Court (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/351).