When is the deadline for general protections court application after certificate?
The catalogue records a 14 days period from the day the s 368(3)(a) certificate is issued. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- the day the s 368(3)(a) certificate is issued
- 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.
- Section 370(a)(ii): the COURT (not the FWC) may allow a further period on an application made during or after the 14 days. Note 2 to s 370 directs attention to the principles in Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298. Never compute.
- Section 370(b) creates an exception where the court application includes an application for an interim injunction. Section 544 (6 years) does not apply to general protections court applications: see Note 1 to s 544. Filing rules and any rollover for the receiving court (Federal Court of Australia or Federal Circuit and Family Court of Australia (Division 2)) are governed by that court's rules, not the FWC Rules.