When is the deadline for service of originating process and supporting affidavit in a corporations proceeding?
The catalogue records a 5 days period from The date fixed for the hearing. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
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Example pending review
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Calculation basis and source
- Period
- 5 days
- Trigger
- The date fixed for the hearing
- 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.
- Federal Court (Corporations) Rules 2000 (Cth) r 1.10 applies the Federal Court's extension and abridgment rules (FCR r 1.39) to Corporations proceedings unless the Corporations Act, ASIC Act or those Rules otherwise provide.
- DIFFERENT COMPUTATION RULE. Corporations proceedings are governed by Federal Court (Corporations) Rules 2000 (Cth) r 1.9, not FCR r 1.61, and the two genuinely differ: r 1.9(1) and (2) exclude the trigger day; r 1.9(3) rolls the last day forward to the first business day in the place if it is not a business day, WITHOUT the FCR r 1.61(4)(b) limitation to acts that can only be done on a business day; r 1.9(4) excludes only 'the period beginning on 25 December in a year and ending at the end of 1 January in the next year', which is far shorter than the FCR r 1.61(5) window of 24 December to 14 January; and r 1.9 has NO equivalent of the FCR r 1.61(3) short-period rule excluding non-business days from periods of 5 days or less. Counted backwards from the hearing date.