When is the deadline for validity of initiating process in an action in rem for service?
The catalogue records a 12 months period from Issue of the initiating process. 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
- 12 months
- Trigger
- Issue of the initiating process
- 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.
- The court may grant leave to serve after the 12-month period has expired. Never compute the extension.
- A validity period, not a compliance deadline: expiry does not dismiss the proceeding but service thereafter requires leave. Critically important where the limitation period under s 37 of the Admiralty Act 1988 (Cth) has since expired, because leave to serve out of time may have the practical effect of defeating a limitation defence.