When is the deadline for leave required to start enforcement more than 6 years after the order?
The catalogue records a 6 years period from the day the order sought to be enforced is 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
- 6 years
- Trigger
- the day the order sought to be enforced is made
- Counting
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- The court may give leave; pt 6.2 applies to the application. The supporting affidavit must be sworn not earlier than 2 days before the day the application for leave is filed in the court (r 2012 (5)).
- This is a leave threshold, not a bar. The separate 12-year limitation period for an action on a judgment is in Limitation Act 1985 (ACT) s 14, expressly cross-referenced in a note to r 2012. Corrected on verification: the researched entry said the supporting affidavit must be sworn not earlier than 2 days before the day the application is made. Rule 2012 (5) ties the 2 days to the day the application for leave is filed in the court, not to when it is made.