George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

It is not for me to speak on behalf of the High Court, but I can tell you that after your question I did raise the matter with the Principal Registrar and CE of the High Court, Mr Phelan. Mr Phelan has responded to me in a form which I have his authority to read to you. He said: 'An exposure draft of the High Court Rules 2004 was circulated in April 2004. The exposure draft was the subject of detailed comments by the Law Council of Australia, the Australian Bar Association and the Special Committee of Solicitors-General. After considering those comments, the justices made the High Court Rules 2004 on 5 October 2004. They were tabled in the parliament on 16 November 2004 and came into effect on 1 January 2005. No issue was raised in the process of drafting or consulting concerning the consistency of the rules with section 33 of the High Court of Australia Act 1979.

'The rules committee of the High Court considered that issue on 12 October 2016. The committee proposes a number of amendments to the rules to address the issue. The proposed amendments will be drafted by the Office of Parliamentary Counsel and will be the subject of consultation with professional bodies before being finalised by the court.'

Senator Culleton, it was you who spotted this discrepancy in the High Court Rules which the High Court Rules Committee has now acted upon. I might say that, since those rules were promulgated in 2004, there have been 16 distinguished Australian jurists who have sat on the High Court, including two chief justices, and I must congratulate you, Senator Culleton, on being the first person to spot the problem.