Amendment to the Rules of the High Court, Court of Appeal & Federal Court, effective 1st March 2011

On 29th June 2011 the Rules of the High Court (Amendment) 2011, the Rules of the Court of Appeal (Amendment) 2011 and the Rules of the Federal Court (Amendment) 2011 were gazetted. Of particular i\relevance is that the rate of interest in the principle rules is now amended from the rate of 8% as it had been to a rate of 4% from 1st March 2011. This reflects more accurately the current market conditions and cost of lending but will reduce substantially future awards where such include interest. We summarise below the relevant changes to the rules below:

Rules of the High Court (Amendment) 2011 [PU(A) 210/2011]

There are 3 amendments to the Rules of the High Court:

(1) Rate of Interest – wherever the rate of interest in the principal rules is stated to be 8%, it has been amended to 4%.

(2) Witness Statements – Order 35A has been amended to stipulate that evidence in chief shall be given by way of witness statements in the form of question and answer and it is to be furnished to the other side/s not later than 7 days prior to it being tendered and read at the hearing.

(3) Electronic Filing – Order 92 has been amended to allow for electronic filing and the use of an electronic seal. This particular amendment is deemed to be operational retrospectively from 1 March 2011.

Rules of the Court of Appeal (Amendment) 2011 [PU(A) 209/2011] wef 1 March 2011


The amendments to the Rules of the Court of Appeal (all of which are deemed to be operational retrospectively from 1 March 2011):

(1) Notes of Evidence – to permit the inclusion in the Record of Appeal of the notes of evidence recorded in mechanical means i.e. the CRT.

(2) Electronic Filing – Rule 78 has been amended to allow for the use of an electronic seal. A new Rule 80A to allow for electronic filing.

Rules of the Federal Court (Amendment) 2011 [PU(A) 208/2011] wef 1 March 2011


The amendment to the Rules of the Federal Court (all of which are deemed to be operational retrospectively from 1 March 2011):

(1) Electronic Filing – Rule 111 has been amended to allow for the use of an electronic seal. A new Rule 113A to allow for electronic filing.

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