When is the deadline for notice of appeal to the full court?
The catalogue records a 28 days period from The date on which the judgment appealed from was pronounced or the order was made, or the date on which leave to appeal was granted. 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 date on which the judgment appealed from was pronounced or the order was made, or the date on which leave to appeal was granted
- 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 extension of time may be sought under r 36.05 by filing an application in Form 67, during or after the r 36.03 period, accompanied by the judgment, the reasons if published, an affidavit explaining why the notice was not filed in time, and a draft notice of appeal. Heard by a single Judge unless directed otherwise (Federal Court of Australia Act 1976 (Cth) s 25(2)). Never compute the extension.
- The core Federal Court appellate deadline. Time runs from pronouncement of judgment, not entry of the order (contrast r 39.31 to r 39.35 on entry). r 1.61(5) is critical here: a judgment delivered in mid-December can produce a filing date well into February because the 22 days from 24 December to 14 January are not counted. 'File' is defined in the Dictionary as file and serve. Where the court appealed from is a State or Territory court, r 36.04(2) imposes a separate lodgment obligation.