When is the deadline for deemed dismissal for want of prosecution (no step taken)?
The catalogue records a 1 year period from the day the last step was taken in the proceeding. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 year
- Trigger
- the day the last step was taken in the proceeding
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 76 (2): the court may reinstate the proceeding if it is in the interests of justice to do so.
- Rule 75 (1) contains two parallel one-year deemed dismissals: from the day the originating process is issued if no affidavit of service is filed, and from the day it is served if no notice of intention to respond or defence is filed and judgment has not been entered. Filing a notice of intention to proceed counts as a step (r 75 (3)). This provision extinguishes a proceeding rather than requiring an act, so no roll-forward applies.