JUDICIARY ACT 1903 - SECT 86 Rules of Court

JUDICIARY ACT 1903 - SECT 86

  (1)   The Justices of the High Court or a majority of them may make Rules of Court necessary or convenient to be made for carrying into effect the provisions of this Act or so much of the provisions of any other Act as confers jurisdiction on the High Court or relates to the practice or procedure of the High Court, and in particular for the following matters, that is to say:

  (a)   Appointing and regulating the sittings of the High Court and of the Justices;

  (b)   Regulating procedure pleading and practice in the High Court in civil or criminal matters in the exercise both of its original and of its appellate jurisdiction;

  (ba)   Regulating the means by which particular facts may be proved and the mode in which evidence thereof may be given;

  (d)   making provision for or in relation to the forms to be used for the purposes of the proceedings of the High Court;

  (e)   Prescribing and regulating the fees to be charged by practitioners practising in the High Court for the work done by them in relation to proceedings in the Court and for the taxation of their bills of costs, either as between party and party or as between solicitor and client;

  (ga)   Providing for the admission of persons to practise as barristers or solicitors in any Federal Court, and prescribing the conditions of and qualifications for admission, and continuance of the right to practise as aforesaid;

  (h)   Generally regulating all matters of practice and procedure in the High Court.

  (2)   The Legislation Act 2003 (other than sections   8, 9, 10 and 16 and Part   4 of Chapter   3 of that Act) applies in relation to rules of court made by the Court under this Act or another Act:

  (a)   as if a reference to a legislative instrument (other than in subparagraph   14(1)(a)(ii) and subsection   14(3) of that Act) were a reference to a rule of court; and

  (b)   as if a reference to a rule - maker were a reference to the Chief Justice acting on behalf of the Justices of the Court; and

  (c)   subject to such further modifications or adaptations as are provided for in regulations made under paragraph   88(cb) of this Act.

  (3)   Despite the fact that section   16 of the Legislation Act 2003 does not apply in relation to rules of court made by the Court under this Act or another Act, the Office of Parliamentary Counsel (established by subsection   2(1) of the Parliamentary Counsel Act 1970 ) may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.