High Court of Australia

Register of Practitioners
Both counsel and their instructing solicitors should ensure that their names are entered on the High Court Register of Practitioners.  Practitioners appearing or instructing in this Court may be in contempt if their names do not appear in the Register of Practitioners and will not be able to recover professional costs.  In the event that there is any doubt in this regard, please contact the High Court Registry.

Time limit on oral argument
Rule 41.08.3 of the High Court Rules 2004 imposes a time limit on oral argument.  The time allocated to the applicant on the hearing is 20 minutes, the respondent 20 minutes, and the applicant 5  minutes in reply.  There is provision for the Court to extend time, although it is not envisaged that the Court would routinely exercise this power.

If a submitting appearance has been filed there is no requirement to appear at the hearing.  

Video-Link
Video-link hearings of applications for leave or special leave to appeal to the High Court are conducted by use of the videoconferencing facilities of the High Court or the Federal Court of Australia.  The procedure to be followed by Counsel at the hearing of the applications is outlined below.

Counsel presenting argument may appear in a different location to the Justices.  Normal Court procedure and protocol will apply.  The Justices will be visible on the video link if they are in a different location.

The Justices will enter the courtroom, take their seats and the Court will be formally opened by the Court Crier.  The first application will be called and Counsel for the applicant should approach the lectern, regardless of their location, and announce the appearances for both the applicant and the respondent.

If, on completion of the applicant’s argument, the respondent is called upon, Counsel should move to the lectern to present his or her argument.

In the event that the respondent is not called upon and the application is refused, Counsel for the respondent should move quickly to the lectern if he or she wishes to seek an order for costs.

Counsel are requested to attend at the Court 30 minutes before the commencement of the hearing in order to familiarise themselves with the videoconferencing facilities.  An oral briefing on the use of the system will be provided at that time by the Registrar supervising the hearings.

Circuit sittings
Circuit sittings are conducted as a running list and hearing times may be altered at short notice. You should keep in contact with the Registry during the sittings so that you may be advised of any hearing time changes.