When is the deadline for application to the high court for special leave to appeal?
The catalogue records a 28 days period from The day the judgment below was pronounced. 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 judgment below was pronounced
- 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.
- An applicant who files late must seek an order that compliance with the time limit be dispensed with, and must file and serve an affidavit explaining the failure. Time may also be enlarged under r 4.02, whether before or after expiry.
- Computed under High Court Rules 2004 (Cth) r 4.01, not the Acts Interpretation Act. Rule 4.01 was confirmed on verification: a period of 5 days or less excludes days on which the Registry office is not open in the State or Territory where the act is to be done; where the last day is a day the Registry is not open the act may be done on the next day the Registry is open; and an act done after 4.00 pm is taken to have been done on the next day the Registry is open. The 5-day short-period rule does not apply to a 28-day period. Note that the High Court Rules have no equivalent of the 24 December to 14 January exclusion found in the Federal Court and Federal Circuit and Family Court rules.