When is the deadline for validity of originating process for service?
The catalogue records a 1 year period from the day the originating process is filed in the court. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
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Calculation basis and source
- Period
- 1 year
- Trigger
- the day the originating process is filed in the court
- 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 74 (3): if satisfied that reasonable efforts have been made to serve the defendant or that there is another good reason, the court may renew the process for a further period of not longer than 6 months at a time, starting on the day after the day the process would otherwise end. Renewal is available whether or not the process is still valid (r 74 (4)).
- "starting on the day it is filed" engages Legislation Act 2001 (ACT) s 151 (2), table 151, item 1, so the filing day is included. For any time limit including a limitation period, a renewed originating process is taken to have started on the day it was filed (r 74 (6)).