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 established under section 51B of the Judicature Act 1908 (of whom at least 1 was a Judge of the High Court), makes the following rules.

1 Title

2 Commencement

3 Principal rules

4 Schedule 2 replaced

5 Schedule 3 replaced

Schedule 1
Schedule 2 replaced

Schedule 2
Schedule 3 replaced

Rules

1 Title

These rules are the High Court Amendment Rules 2012.

2 Commencement

These rules come into force on the 28th day after the date of their notification in the Gazette.

3 Principal rules

These rules amend the High Court Rules set out in Schedule 2 of the Judicature Act 1908 (the principal rules).

4 Schedule 2 replaced

Replace Schedule 2 of the principal rules with the Schedule 2 set out in Schedule 1 of these rules.

5 Schedule 3 replaced

Replace Schedule 3 of the principal rules with the Schedule 3 set out in Schedule 2 of these rules.

r 4

Schedule 2
Appropriate daily recovery rates

r 14.4

Note: The following are the appropriate daily recovery rates for the categories of proceedings referred to in rule 14.3.

Category of proceedings (rule 14.3) Appropriate daily recovery rate ($)

1 1,320

2 1,990

3 2,940

Category of proceedings (rule 14.3)	Appropriate daily recovery rate ($)
1	1,320
2	1,990
3	2,940

r 5

Schedule 3
Time allocations

r 14.5

General civil proceedings Allocated days or part days

A B C

Commencement

1 Commencement of proceeding by plaintiff 1.6 3 10

2 Commencement of defence by defendant 1 2 6

Other pleadings and notices

3 Reply 0.4 0.8 2.4

4 Counterclaim 0.8 1.6 4.8

5 Cross-notice between defendants 0.6 1.2 4

6 Third party notice and statement of claim 1.2 2.4 7

7 Notice of appearance 0.2 0.2 0.2

8 Notice of appearance with protest to jurisdiction 0.3 0.6 2

9 Pleading in response to amended pleading (payable regardless of outcome except when formal or consented to) 0.3 0.6 2

Case management

10 Preparation for first case management conference (including discussion about discovery) 0.2 0.4 1

11 Filing memorandum for first or subsequent case management conference or mentions hearing 0.2 0.4 1

12 Appearance at mentions hearing or callover 0.2 0.2 0.2

13 Appearance at first or subsequent case management conference 0.3 0.3 0.7

14 Preparation for and appearance at issues conference – 0.5 1

15 Preparation for and appearance at pre-trial conference – 0.5 1

Interrogatories, discovery and inspection

16 Notice to answer interrogatories 0.4 1 4

17 Answer to interrogatories 0.4 1 4

18 Notice to admit facts 0.4 0.8 2.4

19 Admissions of facts 0.4 0.8 2.4

20 List of documents on discovery 0.7 2.5 7

21 Inspection of documents 0.5 1.5 6

Interlocutory applications (including applications for summary judgment and for review of interlocutory decisions)

22 Filing interlocutory application 0.3 0.6 2

23 Filing opposition to interlocutory application 0.3 0.6 2

24 Preparation of written submissions 0.5 1.5 3

25 Preparation by applicant of bundle for hearing 0.4 0.6 1

26 Appearance at hearing of defended application for sole or principal counsel The time occupied by the hearing measured in quarter days

27 Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel

28 Obtaining judgment without appearance 0.3 0.3 0.5

29 Sealing order or judgment 0.2 0.2 0.2

Trial preparation and appearance

30 Plaintiff's or defendant's preparation of briefs or affidavits 1.5 2.5 5

31 Plaintiff's preparation of list of issues, authorities, and common bundle 1.5 2.5 5

32 Defendant's preparation of list of issues, authorities, and common bundle 1 2 4

33 Preparation for hearing 2 3 5

34 Appearance at hearing for sole or principal counsel The time occupied by the hearing measured in quarter days

35 Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel

36 Other steps in proceeding not specifically mentioned As allowed by the court

Originating applications

37 Filing application and supporting affidavits 1 2 6

38 Filing note of opposition and supporting affidavits 1 2 6

39 Case management (as for ordinary proceeding)

40 Preparation of written submissions 0.5 1.5 3

41 Preparation by applicant of bundle for hearing 0.4 0.6 1

42 Appearance at hearing for sole or principal counsel The time occupied by the hearing measured in quarter days

43 Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel

Bankruptcy proceedings

44 Filing and serving bankruptcy notice 0.1 0.2 0.6

45 Filing application for adjudication by creditor 0.3 0.6 1.8

46 Appearance at hearing 0.2 0.4 1.2

47 Supporting party on bankruptcy 0.2 0.4 1.2

Company liquidation proceedings

48 Issuing statutory demand 0.1 0.2 0.6

49 Filing statement of claim and other documents 0.3 0.6 1.8

50 Appearance at hearing 0.2 0.4 1.2

51 Supporting party on liquidation 0.2 0.4 1.2

Appeals

52 Commencement of appeal or cross-appeal 0.5 1 3

53 Commencement of response to appeal or cross-appeal 0.3 0.5 1

54 Case management (as for ordinary proceeding)

55 Preparation of Case on Appeal 0.5 1 2

56 Preparation of written submissions 1 3 6

57 Appearance at hearing for sole or principal counsel The time occupied by the hearing measured in quarter days

58 Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel

Enforcement of judgment or order

59 Charging order without application 0.3 0.3 1

60 Charging order with application, including any unopposed order 0.5 0.5 1.4

61 Sale order, including sale of seized property 0.5 0.5 0.7

62 Other enforcement process 0.5 0.5 0.7

General civil proceedings		Allocated days or part days
		A	B	C
	Commencement
1	Commencement of proceeding by plaintiff		1.6	3	10
2	Commencement of defence by defendant		1	2	6
	Other pleadings and notices
3	Reply		0.4	0.8	2.4
4	Counterclaim		0.8	1.6	4.8
5	Cross-notice between defendants		0.6	1.2	4
6	Third party notice and statement of claim		1.2	2.4	7
7	Notice of appearance		0.2	0.2	0.2
8	Notice of appearance with protest to jurisdiction		0.3	0.6	2
9	Pleading in response to amended pleading (payable regardless of outcome except when formal or consented to)		0.3	0.6	2
	Case management
10	Preparation for first case management conference (including discussion about discovery)		0.2	0.4	1
11	Filing memorandum for first or subsequent case management conference or mentions hearing		0.2	0.4	1
12	Appearance at mentions hearing or callover		0.2	0.2	0.2
13	Appearance at first or subsequent case management conference		0.3	0.3	0.7
14	Preparation for and appearance at issues conference		–	0.5	1
15	Preparation for and appearance at pre-trial conference		–	0.5	1
	Interrogatories, discovery and inspection
16	Notice to answer interrogatories		0.4	1	4
17	Answer to interrogatories		0.4	1	4
18	Notice to admit facts		0.4	0.8	2.4
19	Admissions of facts		0.4	0.8	2.4
20	List of documents on discovery		0.7	2.5	7
21	Inspection of documents		0.5	1.5	6
	Interlocutory applications (including applications for summary judgment and for review of interlocutory decisions)
22	Filing interlocutory application		0.3	0.6	2
23	Filing opposition to interlocutory application		0.3	0.6	2
24	Preparation of written submissions		0.5	1.5	3
25	Preparation by applicant of bundle for hearing		0.4	0.6	1
26	Appearance at hearing of defended application for sole or principal counsel		The time occupied by the hearing measured in quarter days
27	Second and subsequent counsel if allowed by court		50% of allowance for appearance for principal counsel
28	Obtaining judgment without appearance		0.3	0.3	0.5
29	Sealing order or judgment		0.2	0.2	0.2
	Trial preparation and appearance
30	Plaintiff's or defendant's preparation of briefs or affidavits		1.5	2.5	5
31	Plaintiff's preparation of list of issues, authorities, and common bundle		1.5	2.5	5
32	Defendant's preparation of list of issues, authorities, and common bundle		1	2	4
33	Preparation for hearing		2	3	5
34	Appearance at hearing for sole or principal counsel		The time occupied by the hearing measured in quarter days
35	Second and subsequent counsel if allowed by court		50% of allowance for appearance for principal counsel
36	Other steps in proceeding not specifically mentioned		As allowed by the court
	Originating applications
37	Filing application and supporting affidavits		1	2	6
38	Filing note of opposition and supporting affidavits		1	2	6
39	Case management (as for ordinary proceeding)
40	Preparation of written submissions		0.5	1.5	3
41	Preparation by applicant of bundle for hearing		0.4	0.6	1
42	Appearance at hearing for sole or principal counsel		The time occupied by the hearing measured in quarter days
43	Second and subsequent counsel if allowed by court		50% of allowance for appearance for principal counsel
	Bankruptcy proceedings
44	Filing and serving bankruptcy notice		0.1	0.2	0.6
45	Filing application for adjudication by creditor		0.3	0.6	1.8
46	Appearance at hearing		0.2	0.4	1.2
47	Supporting party on bankruptcy		0.2	0.4	1.2
	Company liquidation proceedings
48	Issuing statutory demand		0.1	0.2	0.6
49	Filing statement of claim and other documents		0.3	0.6	1.8
50	Appearance at hearing		0.2	0.4	1.2
51	Supporting party on liquidation		0.2	0.4	1.2
	Appeals
52	Commencement of appeal or cross-appeal		0.5	1	3
53	Commencement of response to appeal or cross-appeal		0.3	0.5	1
54	Case management (as for ordinary proceeding)
55	Preparation of Case on Appeal		0.5	1	2
56	Preparation of written submissions		1	3	6
57	Appearance at hearing for sole or principal counsel		The time occupied by the hearing measured in quarter days
58	Second and subsequent counsel if allowed by court		50% of allowance for appearance for principal counsel
	Enforcement of judgment or order
59	Charging order without application		0.3	0.3	1
60	Charging order with application, including any unopposed order		0.5	0.5	1.4
61	Sale order, including sale of seized property		0.5	0.5	0.7
62	Other enforcement process		0.5	0.5	0.7

Rebecca Kitteridge,
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 come into force on the 28th day after the date of their notification in the Gazette.

Under rule 14.2 of the High Court Rules, one of the principles governing an award of costs is: “(c) costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the proceeding or interlocutory application.” This rule is designed to remove from Judges much of the burden in fixing the costs to be recovered by a successful party.

The substituted Schedule 2 of the High Court Rules states new appropriate daily recovery rates, which have not been revised upwards for several years and were not changed when the current High Court Rules were introduced by the Judicature (High Court Rules) Amendment Act 2008. The substituted Schedule 3 of the High Court Rules incorporates a revision of the time allocations carried out by the Rules Committee. Both revisions have involved consultation with the legal profession.

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

Date of notification in Gazette: 17 May 2012.

These rules are administered by the Ministry of Justice.

High Court Amendment Rules 2012