Notice of proceeding remitted by the High Court of Australia (Form 71)

When the High Court remits a proceeding (or part of one) to the Federal Court, Division 32.1 of the Federal Court Rules 2011 applies. The applicant must file the order of remittal in the District Registry specified in it or, if none is specified, in the District Registry of the State or Territory where the High Court proceeding was started (r 32.01). A Registrar allots a Federal Court number and attaches a notice in accordance with Form 71, which states the return date and place of hearing and that a party must file a notice of address for service before taking any step, unless it has already filed one in the High Court. The applicant then serves the sealed order and notice on each party to the High Court proceeding (r 32.02).

When you need it

• The High Court has ordered that your proceeding, or part of it, be remitted to the Federal Court.
• You are the applicant and need to file the order of remittal and then serve it with the Registrar's notice.
• You are another party who has been served with the order and Form 71 and need to know the next steps.

1. 1

   Know who completes it

   Form 71 is completed and signed by an officer acting with the authority of the District Registrar. The applicant files the order of remittal; the Registry attaches the notice.

2. 2

   Heading and parties

   The notice carries the Federal Court heading and the words "On remittal from the High Court of Australia". A schedule at the end lists second and later applicants, respondents, cross-claimants and cross-respondents where there are more than one.

3. 3

   Addressees

   The notice is addressed to each party to the proceeding in the High Court.

4. 4

   Return date

   The Registry inserts the time, date and place of the hearing at which the Court will hear the application or make orders for the conduct of the proceeding.

• The applicant files the order of remittal in the correct District Registry (r 32.01).
• The applicant must serve a sealed copy of the High Court order, with the Form 71 notice attached, on each party to the High Court proceeding. It may be served at the party's address for service in the High Court (r 32.02).
• A party who has not filed a notice of address for service in the High Court must file one within 7 days of being served (r 32.03).

• If the remitted matter is an application for an order to show cause, rule 32.04 lets the applicant seek an injunction or writ without first obtaining an order to show cause.
• Attend the return date. The notice warns that the Court may make orders in a party's absence.
• Use the Federal Court number allotted by the Registrar on all later documents.