×
Australian High Court and German Federal Constitutional Court
A Comparison With Regard to Status and Procedure
von Diana ZachariasOn January 1st, 2005, new rules of procedure for proceedings in the HIGH COURT OF AUSTRALIA went into effect. The High Court Rules 2004 (Statutory Rules 2004 No. 304) are a reaction to significant changes in the work of the HIGH COURT that have occurred since the making of the previous rules, the High Court Rules 1952. In particular, the new Rules reflect the fact that, apart from some matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth, or which are arising under the Australian Constitution or involving its interpretation, most matters that had fallen under the original jurisdiction of the COURT are meanwhile remitted for hearings by another court. Many of the provisions made by the former Rules for the trial of actions do not find any more an application in the day to day business of the HIGH COURT.