Commonwealth legislation

High Court of Australia - Rule of Court

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

123 of 1931

Collection

legislative instrument

Plain English Summary

2/10 complexity

When a judgment is appealed to the High Court, enforcement is automatically stayed so the winner cannot collect or seize assets while the appeal proceeds. A court may nevertheless allow urgent enforcement if the winner posts security to protect the appellant against loss. This affects parties and counsel in High Court appeals, balancing collection rights and appeal risk.

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High Court of Australia - Rule of Court

STATUTORY RULES.

1931. No. 123.

HIGH COURT OF AUSTRALIA.

Rule of Court.

As of Thursday, the first day of October, a.d. 1931.

It is ordered as follows:—

RULE 22 of Section III. of Part II. of the Rules of Court of the High Court of Australia is repealed and the following Rule is substituted therefor:—

22. When an appeal has been duly instituted, the execution of the judgment appealed from shall be stayed. The High Court or a Justice or the Supreme Court of the State whence the appeal is brought or a Justice thereof may nevertheless give leave to prosecute the judgment upon the party desiring to prosecute it giving security to the satisfaction of the proper officer of the High Court or of such Supreme Court to abide the decision of the Court on the hearing of the appeal.

	FRANK GAVAN DUFFY, C.J.
	G. E. RICH, J.
	H. E. STARKE, J.
(l.s.)	OWEN DIXON, J.
	H. V. EVATT, J.
	EDWARD A. McTIERNAN, J.

Seaforth Mackenzie,

Principal Registrar.

By Authority: H. J. Green, Government Printer, Canberra.

3002.—Price 3d.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 High Court of Australia - Rule of Court