When is the deadline for appearance in an action in rem?
The catalogue records a 21 days period from Service of the initiating process on the party. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Service of the initiating process on the party
- 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.
- Admiralty Rules 1988 (Cth) r 6A (relief from rules); FCR r 1.39 applies through r 6 of the Admiralty Rules, which provides for the application of the Rules of Court of the court concerned.
- The appearance must be in Form 9 and a copy served on the other parties of whose address for service the party has notice (r 23(2), (3)). Admiralty proceedings in the Federal Court are governed by the Admiralty Rules 1988 (Cth), with the Federal Court Rules 2011 (Cth) applying to the extent not otherwise provided (see FCR r 1.04 Note 3), so FCR r 1.61 supplies the counting rule including the 24 December to 14 January exclusion.