When is the deadline for notice of appeal to the supreme court where leave is not required?
The catalogue records a 28 days period from the day the order appealed from was made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- the day the order appealed from was made
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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- Further time may be allowed by the Supreme Court, but r 5103 (d) requires the application for further time to be filed before the end of the 28-day period. Division 5.3.3 (leave to appeal out of time) applies once the period has passed.
- Rule 5103 (a) gives priority to any time provided by the relevant law, so an Act-specific appeal period (for example Magistrates Court Act 1930 (ACT) s 209) displaces this rule. This 28-day period is the default period for a civil appeal to the Supreme Court from the Magistrates Court, since Magistrates Court Act 1930 (ACT) pt 4.5 fixes none.