When is the deadline for notice of appeal and case summary to the court of appeal?
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
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Further time requires an application filed before the end of the 28-day period. After that, division 5.4.3 (leave to appeal out of time from final judgments) applies; "out of time" is defined in r 5330 as more than 28 days after the day the judgment was given. Rule 5405 (2) separately allows the Court of Appeal at any time and for special reasons to give leave to file a notice of appeal and case summary.
- For these divisions "order" includes a conviction or a sentence of the court (r 5400 (1)), so the same 28-day period governs criminal appeals to the Court of Appeal from the Supreme Court, subject to any contrary territory law (r 5401 (2)).