Nov 6, 2020

50.05.2       The Court or a Justice may, after reference to and report by the Taxing Officer, order counsel or a solicitor to repay to a client costs ordered to be paid by that client to another party where those costs were incurred by that party in consequence of the delay or misconduct of the counsel or solicitor. 41.03.1       A copy of the application and of the documents required by rule 41.01.4 shall be served on each respondent in any manner provided by these Rules for the service of documents, or by leaving a copy at the address for service, if any, of the parties to be served in the proceedings in the court below, within 7 days after filing the application. An appeal shall be instituted by filing a notice of appeal. Application 2 5. ], Part VI:     [The particular constitutional provisions, statutes and statutory instruments applicable to the questions the subject of the application set out verbatim. Filed:               [e.g., 6 October 2003]. (b)  at any time by leave of the Court or a Justice or with the consent of all other parties. (ii)  the reasons (if any) of the primary court or decision‑maker that were before the court below; (ii)  the transcript of entry of a plea of guilty or the summing up or charge; and, (iii)  the transcript of entry of verdict; and. 1.02 Object These Rules prescribe the rules of procedure in proceedings in the High Court of Australia. Office Hours 4 14. 27.07.2       A demurrer shall state whether it is to the whole or part of the claim or pleading of the opposite party, and, if to part, it shall identify that part of the claim or pleading. 56.09.6       If a fee would have been allowed to counsel for preparing a document or for appearing as counsel, the Taxing Officer may allow to a party a sum the Taxing Officer considers reasonable as counsel’s fee if: (a)  the party is represented by counsel; and, (b)  the party is unable to provide proof of payment of the fee to counsel; and. 4.07.4         Any person, on payment of the prescribed fee, may during office hours inspect and take a copy of any document filed in an office of the Registry except: (a)  affidavits and exhibits to affidavits which have not been received in evidence in Court; or, (b)  documents containing information disclosing the identity of a person where disclosure of the identity of that person is prohibited, whether by Act, order of the Court or otherwise; or, (c)  documents containing information to which a suppression order, a non‑publication order, or any other confidentiality order, made by a court applies; or. Rule . Accordingly, this compilation does not show the text of the compiled law as modified. 41.02.2       If an application is not filed within the time limited by rule 41.02.1, the applicant shall: (a)  in the application, seek an order that compliance with that time limit be dispensed with; and. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. 26.08.4       Rules 26.08.2 and 26.08.3 apply only to applications for removal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent. 57.03.1       Any party dissatisfied with the allowance or disallowance by the Taxing Officer in a bill of costs of the whole or a part of any item may, at any time before the Taxing Officer’s certificate is signed apply to the Taxing Officer for reconsideration of that item or part. 44.02.2       The appellant’s written submissions must be in Form 27A. Part E Rules made by the High Court under section 77 of the 152 Trade Marks Act, V of 1940, (published in Punjab 56.13.1       Costs of an application for consent to an extension of time for taking any step in a proceeding are in the discretion of the Taxing Officer. (e)  include the name, telephone number and fax number or email address of the signatory and the date of filing. 4.05.1         The office hours of the Registry are as provided in a Practice Direction. 30.04.1       Within 28 days after filing the petition, or such further time as the Court or a Justice allows, the petitioner shall serve the petition upon every person whose election or return is disputed by the petition and all other parties. 42.10.2       When an exhibit cannot be filed in accordance with rule 42.10.1, the appellant shall state the circumstances in writing and give such information as is necessary to enable the Registrar to cause the exhibit to be available to the Court. Part 57—Assessment, taxation and review of taxation. If a person wrongfully claims to hold an office under the Commonwealth, the Court or a Justice may grant an injunction restraining the person from purporting to act in that office and may, if the case so requires, declare the office to be vacant. (b)  must, on request, and as soon as reasonably practicable, supply to any person giving notice of intention to intervene or seek leave to intervene or appear, 2 copies of all relevant documents and books filed in the proceeding. (c)  disallow the costs of any party whose attendance at the taxation the Taxing Officer considers to have been unnecessary. 57.01.1       A party filing a bill of costs for taxation may indorse on the bill a request that a Taxing Officer, in the absence of the parties and without making any determination of any individual item in the bill, make an estimate of the approximate amount of professional charges and disbursements that, in the opinion of the Taxing Officer, would be allowed if the bill of costs were taxed. The Taxing Officer shall allow only the copying of such documents or parts of documents accompanying briefs as the Taxing Officer considers necessary for the proper instruction of counsel or for use at the hearing. Moneys paid into Court are subject to the order of the Court or a Justice and shall be dealt with pursuant to that order or these Rules and not otherwise, and, in the meantime, shall not be considered as held for, or on account of, or for the use or benefit of any person. These rules may be cited as the High Court Rules. The Taxing Officer may make such allowance as is reasonable in respect of the preparation and settling of judgments and orders. 41.10.1       Unless the Court or a Justice or the Registrar otherwise orders or directs, an application shall be deemed to have been abandoned if the applicant: (a)  fails to comply with rules 41.03.1 and 41.03.2; or. 1.03  Commencement, repeal and transition. Custody of Records 4 12. 30.02.3       Within 14 days of the later of the publications required by rules 30.02.1 and 30.02.2, the petitioner shall file an affidavit proving the making of those publications and exhibiting a copy of each of the notices as they were published in each of the gazettes and newspaper. 42.13.8       The core appeal book must be bound by means of plastic comb binding. The writ for the election was returned on [date]. 30.02.2       In addition to the publication required by rule 30.02.1 the petitioner, forthwith after filing a petition concerning the election of a member of the House of Representatives, shall publish in a newspaper circulating in the Electoral Division for which the election was held a notice stating: (b)  the date on which the petition was filed; (d)  the nature of the relief claimed; and. 6.02.4         A party suing or defending by a solicitor may change solicitors without order. ORDER 1—PRELIMINARY MATTERS . (b)  if the application is not filed within an applicable time limit, explain the failure to comply with that time limit. 41.02.3       Subject to any other direction that may be given by the Registrar, an application shall be filed in the office of the Registry in the State or Territory in which the proceedings in the court below were commenced. How decree, order, writ etc. Commentary. Preface 1 2. 26.10.1       At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions. The respondent wishes to contend that the decision of the Court below should be affirmed but on the ground that the Court below erroneously decided or failed to decide some matter of fact or law. 41.01.1       An application shall be in Form 23 and shall name as parties all those who were parties to the proceeding in the court below at the time of the judgment below. 24.02.5       A subpoena may not be served more than 12 weeks after its issue. 2005 No. Conduct of Proceedings by a Person Other than a Party . Note:          For other rules relating to service, see Part 22. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. CHAPTER 2 GUARDIANS AND WARDS. 5.01.2         Notice of a constitutional matter shall state: (a)  specifically the nature of the matter; (b)  the facts showing that the matter is one to which rule 5.01.1 applies. 42.08A  Application for leave to intervene or to be heard as amicus curiae. 50.02.1       The Court or a Justice may order that costs: (b)  be fixed in an amount specified in the order or by these Rules; or. Application to set aside for irregularity ORDER 3 TIME 1. [State briefly the grounds of the cross‑appeal], 3. 26.05.1       An applicant may, within 7 days after service of a response, file and serve a reply. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. means the court pronouncing the judgment below. 27.07.5       If the claim or defence of a party depends, or may depend, upon the construction of a written document referred to in the pleading, the party demurring may, in its demurrer, set out, or sufficiently identify, the part or parts of the document it alleges are material. 25.12.1       At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions. 44.03.2       The respondent’s submissions must address all submissions made by the appellant and by any interveners supporting the interests of the appellant. 12.03.2       An order which directs funds in Court to be paid, transferred, delivered or carried over to a credit other than that to which they are standing, or to be otherwise dealt with, shall state the particulars of the payment or other operation to be carried out. 23.03.1       Where a defendant wishes to object to the jurisdiction, to the originating process, or to the service of the originating process, the defendant may file a conditional appearance. The [applicant/appellant] discontinues this [application/appeal]. 11.04.4       Where an order has been made that a contemnor be committed to prison, the Court or Justice may order that the contemnor be discharged notwithstanding that the term of imprisonment fixed by the order has not expired. You by the Justices of the application of pages transmitted the Supreme Court of Lagos State ( Civil PROCEDURES Rules. Volume numbers laws are annotated in the High Court: made under the direction is given this Part should attached. 12 weeks after its issue such order on the review as the High Court and! Affidavit in support of the notice high court rules and orders volume 1 pdf each other party opposing before the Full Court may also held... If you INTEND to defend the proceeding 1-172 1 legal practitioner representing the respondent and any intervener ) at time! Other statutory provisions specified in Schedule 1 credit to which the funds are to be heard amicus! 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